§ 13.1-813. Hearing and finality of Commission action; injunctions.
A. The Commission shall have no power to grant a hearing with respect to anycertificate issued by the Commission with respect to any articles filed withthe Commission except on a petition by a member or director, filed with theCommission and the corporation within 30 days after the effective date of thecertificate, in which the member or director asserts that the certificationof corporate action contained in the articles contains a misstatement of amaterial fact as to compliance with statutory requirements, specifying theparticulars thereof. After hearing, on notice in writing to the corporationand the member or director, the Commission shall determine the issues andrevoke or refuse to revoke its order accordingly.
B. No court within or without the Commonwealth shall have jurisdiction toenjoin or delay the holding of any meeting of directors or members for thepurpose of authorizing or consummating any amendment, merger, domestication,or termination of corporate existence, or the execution or filing with theCommission of any articles or other documents for such purpose, exceptpursuant to subsection D of § 13.1-845 or for fraud. No court within orwithout the Commonwealth, except the Supreme Court by way of appeal asauthorized by law, shall have jurisdiction to review, reverse, correct orannul any action of the Commission, within the scope of its authority, withregard to any articles, certificate, order, objection or petition, or tosuspend or delay the execution or operation thereof, or to enjoin, restrainor interfere with the Commission in the performance of its official duties.
C. Notwithstanding any provision of subsection A to the contrary, theCommission shall have the power to act upon a petition filed by a corporationat any time to correct Commission records so as to eliminate the effects ofclerical errors and of filings made by a person or persons without authorityto act for the corporation.
(Code 1950, § 13.1-287; 1956, c. 428; 1975, c. 500; 1985, c. 522; 2007, c.925; 2008, c. 91; 2010, c. 171.)
§ 13.1-813. Hearing and finality of Commission action; injunctions.
A. The Commission shall have no power to grant a hearing with respect to anycertificate issued by the Commission with respect to any articles filed withthe Commission except on a petition by a member or director, filed with theCommission and the corporation within 30 days after the effective date of thecertificate, in which the member or director asserts that the certificationof corporate action contained in the articles contains a misstatement of amaterial fact as to compliance with statutory requirements, specifying theparticulars thereof. After hearing, on notice in writing to the corporationand the member or director, the Commission shall determine the issues andrevoke or refuse to revoke its order accordingly.
B. No court within or without the Commonwealth shall have jurisdiction toenjoin or delay the holding of any meeting of directors or members for thepurpose of authorizing or consummating any amendment, merger, domestication,or termination of corporate existence, or the execution or filing with theCommission of any articles or other documents for such purpose, exceptpursuant to subsection D of § 13.1-845 or for fraud. No court within orwithout the Commonwealth, except the Supreme Court by way of appeal asauthorized by law, shall have jurisdiction to review, reverse, correct orannul any action of the Commission, within the scope of its authority, withregard to any articles, certificate, order, objection or petition, or tosuspend or delay the execution or operation thereof, or to enjoin, restrainor interfere with the Commission in the performance of its official duties.
C. Notwithstanding any provision of subsection A to the contrary, theCommission shall have the power to act upon a petition filed by a corporationat any time to correct Commission records so as to eliminate the effects ofclerical errors and of filings made by a person or persons without authorityto act for the corporation.
(Code 1950, § 13.1-287; 1956, c. 428; 1975, c. 500; 1985, c. 522; 2007, c.925; 2008, c. 91; 2010, c. 171.)
§ 13.1-813. Hearing and finality of Commission action; injunctions.
A. The Commission shall have no power to grant a hearing with respect to anycertificate issued by the Commission with respect to any articles filed withthe Commission except on a petition by a member or director, filed with theCommission and the corporation within 30 days after the effective date of thecertificate, in which the member or director asserts that the certificationof corporate action contained in the articles contains a misstatement of amaterial fact as to compliance with statutory requirements, specifying theparticulars thereof. After hearing, on notice in writing to the corporationand the member or director, the Commission shall determine the issues andrevoke or refuse to revoke its order accordingly.
B. No court within or without the Commonwealth shall have jurisdiction toenjoin or delay the holding of any meeting of directors or members for thepurpose of authorizing or consummating any amendment, merger, domestication,or termination of corporate existence, or the execution or filing with theCommission of any articles or other documents for such purpose, exceptpursuant to subsection D of § 13.1-845 or for fraud. No court within orwithout the Commonwealth, except the Supreme Court by way of appeal asauthorized by law, shall have jurisdiction to review, reverse, correct orannul any action of the Commission, within the scope of its authority, withregard to any articles, certificate, order, objection or petition, or tosuspend or delay the execution or operation thereof, or to enjoin, restrainor interfere with the Commission in the performance of its official duties.
C. Notwithstanding any provision of subsection A to the contrary, theCommission shall have the power to act upon a petition filed by a corporationat any time to correct Commission records so as to eliminate the effects ofclerical errors and of filings made by a person or persons without authorityto act for the corporation.
(Code 1950, § 13.1-287; 1956, c. 428; 1975, c. 500; 1985, c. 522; 2007, c.925; 2008, c. 91; 2010, c. 171.)
