Iowa Code 490.126 – Appeal from secretary of state’s refusal to file document
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1. If the secretary of state refuses to file a document delivered for filing, the person that delivered the document for filing may petition the district court of the county where the corporation‘s principal office or, if none in this state, its registered office is located to compel its filing. The document and the explanation of the secretary of state’s refusal to file must be attached to the petition. The court may decide the matter in a summary proceeding.
Terms Used In Iowa Code 490.126
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Document: means any of the following:a. See Iowa Code 490.140
- Person: means a person as defined in section 4. See Iowa Code 490.140
- Principal office: means the office, in or out of this state, so designated in the biennial report required by section 490. See Iowa Code 490.140
- Proceeding: includes a civil suit and criminal, administrative, and investigatory action. See Iowa Code 490.140
- Secretary: means the corporate officer to whom the board of directors has delegated responsibility under section 490. See Iowa Code 490.140
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
2. The court may order the secretary of state to file the document or take other action the court considers appropriate.3. The court’s final decision may be appealed as in other civil proceedings.