48-249-1010 - Appeal from secretary of state's refusal to complete the filing of a document. - Tennessee Statutes

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48-249-1010. Appeal from secretary of state's refusal to complete the filing of a document.

(a) Appeal. If the secretary of state refuses to complete the filing of a document delivered to the office of the secretary of state for filing, the domestic or foreign LLC or other person that delivered the document for filing may appeal the refusal to the chancery court of Davidson County. The appeal is commenced by petitioning the court to compel the filing of the document and by attaching to the petition the document and the secretary of state's explanation of the reason for the refusal to complete the filing of the document.

(b) Court-ordered filing. The court may summarily order the secretary of state to file the document or may take other action the court considers appropriate.

(c) Appeal of court decision. The court's final decision may be appealed as in other civil proceedings.

(d) Standard of review. Any judicial review of the secretary of state's refusal to complete the filing of a document shall be conducted in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

[Acts 2005, ch. 286, § 1.]

State Codes and Statutes

Statutes > Tennessee > Title-48 > Chapter-249 > Part-10 > 48-249-1010

48-249-1010. Appeal from secretary of state's refusal to complete the filing of a document.

(a) Appeal. If the secretary of state refuses to complete the filing of a document delivered to the office of the secretary of state for filing, the domestic or foreign LLC or other person that delivered the document for filing may appeal the refusal to the chancery court of Davidson County. The appeal is commenced by petitioning the court to compel the filing of the document and by attaching to the petition the document and the secretary of state's explanation of the reason for the refusal to complete the filing of the document.

(b) Court-ordered filing. The court may summarily order the secretary of state to file the document or may take other action the court considers appropriate.

(c) Appeal of court decision. The court's final decision may be appealed as in other civil proceedings.

(d) Standard of review. Any judicial review of the secretary of state's refusal to complete the filing of a document shall be conducted in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

[Acts 2005, ch. 286, § 1.]

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State Codes and Statutes

Statutes > Tennessee > Title-48 > Chapter-249 > Part-10 > 48-249-1010

48-249-1010. Appeal from secretary of state's refusal to complete the filing of a document.

(a) Appeal. If the secretary of state refuses to complete the filing of a document delivered to the office of the secretary of state for filing, the domestic or foreign LLC or other person that delivered the document for filing may appeal the refusal to the chancery court of Davidson County. The appeal is commenced by petitioning the court to compel the filing of the document and by attaching to the petition the document and the secretary of state's explanation of the reason for the refusal to complete the filing of the document.

(b) Court-ordered filing. The court may summarily order the secretary of state to file the document or may take other action the court considers appropriate.

(c) Appeal of court decision. The court's final decision may be appealed as in other civil proceedings.

(d) Standard of review. Any judicial review of the secretary of state's refusal to complete the filing of a document shall be conducted in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

[Acts 2005, ch. 286, § 1.]