State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_55D > GS_55D-16

§ 55D‑16.  Appeal fromSecretary of State's refusal to file document.

(a)        If the Secretary ofState refuses to file a document delivered to the Secretary of State's officefor filing, the person on whose behalf the document was submitted for filingmay, within 30 days after the date of the refusal, appeal the refusal to theSuperior Court of Wake County. The appeal is commenced by filing a petitionwith the court and with the Secretary of State requesting the court to compelthe Secretary of State to file the document. The petition must have attached toit the document to be filed and the Secretary of State's explanation for therefusal to file. 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 is not governed by Chapter 150B of the GeneralStatutes, the Administrative Procedure Act, and shall be determined by a judgeof the superior court upon such further notice and opportunity to be heard, ifany, as the court may deem appropriate under the circumstances.

(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 file thedocument or take 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. 12.3; 2001‑358, ss. 3(b), 4; 2001‑387,ss. 173, 175(a); 2001‑413, s. 6.)