Appeal from Secretary of State’s refusal to file document

(a) If the Secretary of State refuses to file a document delivered to his or her office for filing, the domestic or foreign corporation may appeal the refusal within 30 days after the return of the document to the superior court. The appeal is commenced by petitioning the court to 601 14-3-126 CORPORATIONS & PARTNERSHIPS 14-3-128 compel filing of the document and by attaching to the petition the document and the Secretary of State’s explanation of his or her refusal to file. (b) The matter shall promptly be tried de novo by the court without a jury. The court may summarily order the Secretary of State to file the document or take other action the court considers appropriate. (c) The court’s final decision may be appealed as in other civil proceedings. (Code 1981, § 14-3-126, enacted by Ga. L. 1991, p. 465, § 1; Ga. L. 2004, p. 508, § 68.) COMMENT Section 14-3-140(29) defines ‘‘superior court’’ for purposes of the Code. Thus, the reference in Section 14-3-126(a) is to the ‘‘superior court,’’ while the reference in the Business Code is to ‘‘the superior court of the county where the corporation’s registered office is or will be.’’ 14-3-127. Evidence of filing.