§ 26 - Failure to take action - Vermont Statutes

§ 1.26. Appeal from secretary of state's refusal to file document

(a) If the secretary of state refuses to file a document delivered to his or her office for filing, the domestic or foreign corporation may appeal the refusal within 30 days after the return of the document to the superior court of the county of the corporation's principal office, in the case of a domestic corporation, or the corporation's registered office, in the case of a foreign corporation. The appeal is commenced by filing a civil action to compel filing the document and by attaching to the petition the document and the secretary of state's explanation of his or her refusal to file. Such a civil action shall be tried by the court without a jury.

(b) The court may summarily order the secretary of state to file the document, sustain the secretary's action, or take other action the court considers appropriate.

(c) The court's final judgment may be appealed as in other civil actions. (Added 1993, No. 85, § 2, eff. Jan. 1, 1994.)