§ 55-14-23. Appeal from denial of reinstatement. - North Carolina Statutes

§ 55‑14‑23. Appeal from denial of reinstatement.

(a)        If the Secretary ofState denies a corporation's application for reinstatement followingadministrative dissolution, he shall serve the corporation under G.S. 55D‑33with a written notice that explains the reason or reasons for denial.

(b)        The corporation mayappeal the denial of reinstatement to the Superior Court of Wake County within30 days after service of the notice of denial is perfected. The appeal iscommenced by filing a petition with the court and with the Secretary of Staterequesting the court to set aside the dissolution. The petition shall haveattached to it copies of the Secretary of State's certificate of dissolution,the corporation's application for reinstatement, and the Secretary of State'snotice of denial. No service of process on the Secretary of State is requiredexcept for the filing of the petition as set forth in this subsection. Theappeal to the superior court shall be determined by a judge of the superiorcourt upon such further evidence, notice and opportunity to be heard, if any,as the court may deem appropriate under the circumstances. The corporationshall have the burden of establishing that it is entitled to reinstatement.

(c)        Upon considerationof the petition and any response made by the Secretary of State, the court may,prior to entering final judgment, order the Secretary of State to reinstate thedissolved corporation or may take other action the court considers appropriate.

(d)        The court's finaldecision may be appealed as in other civil proceedings. (1989, c. 265, s. 1; 2001‑358,ss. 5A(a), 47(d); 2001‑387, ss. 173, 175(a); 2001‑413, s. 6.)