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

§ 55A‑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 serviceof the certificate of revocation is mailed. The appeal is commenced by filing apetition with the court and with the Secretary of State requesting the court toset aside the revocation. The petition shall have attached to it copies of thecorporation's certificate of authority and the Secretary of State's certificateof revocation. 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 foreigncorporation shall have the burden of establishing that it is entitled to havethe 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. (1993, c. 398, s. 1; c. 553,s. 83(b); 2001‑358, s. 5A(d); 2001‑387, ss. 173, 175(a); 2001‑413,s. 6.)