§ 55-15-32. Appeal from revocation. - North Carolina Statutes

§ 55‑15‑32. Appeal from revocation.

(a)        A foreigncorporation may appeal the Secretary of State's revocation of its certificateof authority to the Superior Court of Wake County within 30 days after thecertificate of revocation is mailed to the foreign corporation by the Secretaryof State. The appeal is commenced by filing a petition with the court and withthe Secretary of State requesting the court to set aside the revocation. Thepetition shall have attached to it copies of the corporation's certificate ofauthority and the Secretary of State's certificate of revocation. No service ofprocess on the Secretary of State is required except for the filing of thepetition as set forth in this subsection. The appeal to the superior courtshall be determined by a judge of the superior court upon such furtherevidence, notice and opportunity to be heard, if any, as the court may deemappropriate under the circumstances. The foreign corporation shall have theburden of establishing that it is entitled to have the revocation set aside.

(b)        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 set aside therevocation or may take any other action the court considers appropriate.

(c)        The court's finaldecision may be appealed as in other civil proceedings. (1989, c. 265, s. 1; 1989(Reg. Sess., 1990), c. 1024, s. 12.25; 2001‑358, s. 5A(b); 2001‑387,ss. 173, 175(a); 2001‑413, s. 6.)