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4-26-107. Disapproval of articles and other documents by Secretary of State — Appeals.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-26-107. Disapproval of articles and other documents by Secretary of State — Appeals.
(a) If the Secretary of State shall fail to approve any articles of incorporation, amendment, merger, consolidation, or dissolution, or any other document required by this chapter to be approved by the Secretary of State before the same shall be filed in his or her office, he or she shall give, within ten (10) days after the delivery thereof to him or her, written notice of his or her disapproval to the person or corporation delivering the same, specifying the reasons therefor.
(b)(1) From the disapproval of the Secretary of State the person or corporation may appeal to the Pulaski County Circuit Court by filing with the clerk of the court a petition setting forth:
(A) A copy of the articles or other document sought to be filed;
(B) A copy of the written disapproval by the Secretary of State; and
(C) The basis for challenging the legality of the ruling of the Secretary of State.
(2) Upon the filing of the petition, the matter shall be tried de novo by the court. The court shall either sustain the action of the Secretary of State or direct him or her to take such action as the court may deem proper.
(c) Appeals from all final orders and judgments entered by the circuit court under this section in review of any ruling or decision of the Secretary of State may be taken as in other civil actions.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-26-107
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:4-26-107
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ba6bb912e2783b4028f8c5e8eebee3b8ee6027d7568369afdcdaf4bcce654e91
Source location: content.xml paragraph 13274
Stored source content
4-26-107. Disapproval of articles and other documents by Secretary of State — Appeals.
(a) If the Secretary of State shall fail to approve any articles of incorporation, amendment, merger, consolidation, or dissolution, or any other document required by this chapter to be approved by the Secretary of State before the same shall be filed in his or her office, he or she shall give, within ten (10) days after the delivery thereof to him or her, written notice of his or her disapproval to the person or corporation delivering the same, specifying the reasons therefor.
(b)(1) From the disapproval of the Secretary of State the person or corporation may appeal to the Pulaski County Circuit Court by filing with the clerk of the court a petition setting forth:
(A) A copy of the articles or other document sought to be filed;
(B) A copy of the written disapproval by the Secretary of State; and
(C) The basis for challenging the legality of the ruling of the Secretary of State.
(2) Upon the filing of the petition, the matter shall be tried de novo by the court. The court shall either sustain the action of the Secretary of State or direct him or her to take such action as the court may deem proper.
(c) Appeals from all final orders and judgments entered by the circuit court under this section in review of any ruling or decision of the Secretary of State may be taken as in other civil actions.
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