MODEL BUSINESS CORPORATION ACT 2000/01/02 Supplement,3 Edition 2003 by the American Bar Foundation These files are provided for educational and informational use only,and are not to be promulgated for any other purpose.Nothing contained herein is to be considered as the rendering of legal advice for specific cases,and readers are responsible for obtaining such advice from their own legal counsel.Any persons wishing to reprint these files in part or whole must obtain permission from the Manager,Copyrights and Licensing,American Bar Association,at 312-988-6102. 1.26.APPEAL FROM SECRETARY OF STATE'S REFUSAL TO FILE DOCUMENT (a)If the secretary of state refuses to file a document delivered to his office for filing,the domestic or foreign corporation may appeal the refusal within 30 days after the return of the document to the [name or describe]court [of the county where the corporation's principal office(or,if none in this state,its registered office)is or will be located][of county].The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the secretary of state's explanation of his refusal to file. (b)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. CROSS-REFERENCES “Deliver,.”seeS1.40. Filing fees,.see§1.22 Filing requirements,.see§1.20， "Principal office": defined,see§l.4o designated in annual report,see 16.21. Registered office: designated in annual report,see 16.21 requirement,.see§§2.02&5.0l. Secretary of state's filing duty,see 1.25 1.27.EVIDENTIARY EFFECT OF COPY OF FILED DOCUMENT A certificate from the secretary of state delivered with a copy of a document filed by the secretary of state,is conclusive evidence that the original document is on file with the secretary of state. CROSS-REFERENCES Certifying fee,see 1.22 Forms,.see§1.21. Secretary of state's filing duty,see 1.25. 1.28.CERTIFICATE OF EXISTENCE (a)Anyone may apply to the secretary of state to furnish a certificate of existence for a domestic corporation or a certificate of authorization for a foreign corporation. 10MODEL BUSINESS CORPORATION ACT 2000/01/02 Supplement, 3rd Edition © 2003 by the American Bar Foundation These files are provided for educational and informational use only, and are not to be promulgated for any other purpose. Nothing contained herein is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. Any persons wishing to reprint these files in part or whole must obtain permission from the Manager, Copyrights and Licensing, American Bar Association, at 312-988-6102. 10 § 1.26. APPEAL FROM SECRETARY OF STATE’S REFUSAL TO FILE DOCUMENT (a) If the secretary of state refuses to file a document delivered to his office for filing, the domestic or foreign corporation may appeal the refusal within 30 days after the return of the document to the [name or describe] court [of the county where the corporation’s principal office (or, if none in this state, its registered office) is or will be located] [of ______ county]. The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the secretary of state’s explanation of his refusal to file. (b) 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. CROSS-REFERENCES “Deliver,” see § 1.40. Filing fees, see § 1.22. Filing requirements, see § 1.20. “Principal office”: defined, see § 1.40. designated in annual report, see § 16.21. Registered office: designated in annual report, see § 16.21. requirement, see §§ 2.02 & 5.01. Secretary of state’s filing duty, see § 1.25. § 1.27. EVIDENTIARY EFFECT OF COPY OF FILED DOCUMENT A certificate from the secretary of state delivered with a copy of a document filed by the secretary of state, is conclusive evidence that the original document is on file with the secretary of state. CROSS-REFERENCES Certifying fee, see § 1.22. Forms, see § 1.21. Secretary of state’s filing duty, see § 1.25. § 1.28. CERTIFICATE OF EXISTENCE (a) Anyone may apply to the secretary of state to furnish a certificate of existence for a domestic corporation or a certificate of authorization for a foreign corporation