§ 47-1A-1423 Appeal from denial of reinstatementSUBPART C. JUDICIAL DISSOLUTION.

SD Codified L § 47-1A-1423 (2019) (N/A)
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47-1A-1423. Appeal from denial of reinstatement. If the Office of the Secretary of State denies a corporation's application for reinstatement following administrative dissolution, the Office of the Secretary of State shall serve the corporation with a written notice that explains the reason or reasons for denial.

The corporation may appeal the denial of reinstatement to the circuit court within thirty days after service of the notice of denial is perfected. The corporation appeals by petitioning the court to set aside the dissolution and attaching to the petition copies of the Office of the Secretary of State's certificate of dissolution, the corporation's application for reinstatement, and the Office of the Secretary of State's notice of denial.

The court may summarily order the Office of the Secretary of State to reinstate the dissolved corporation or may take other action the court considers appropriate. The court's final decision may be appealed as in other civil proceedings.

Source: SL 2005, ch 239, § 330; SL 2008, ch 275, § 44.