§ 44-12-10 - Appeal of forfeitures.
SECTION 44-12-10
§ 44-12-10 Appeal of forfeitures. –Any corporation, by any stockholder or officer of the corporation, aggrieved bythe forfeiture of the charter or articles of association of the corporation mayappeal from the forfeiture, within thirty (30) days from the date of thepublication, to the sixth (6th) division of the district court, and the courtshall proceed as soon as possible to hear the appeal after the manner ofequitable causes. If the appellant shall show to the satisfaction of the courtthat the forfeiture of the charter or articles of association of thecorporation was erroneous under the provisions, or that the tax assessed wasimproper or erroneous in whole or in part, and in that case if the appellantshall pay all taxes and all interest then due under this chapter, then thecourt shall sustain the appeal and shall vacate the forfeiture as to theappellant corporation. Upon failure to show error in the forfeiture under theprovisions, or to pay all taxes and all interest due, the court shall dismissthe appeal and confirm the forfeiture. Upon the sustaining of the appeal of anycorporation, the clerk of the district court shall, within ten (10) days, filewith the secretary of state and with the division of taxation an attested copyof the decree vacating the forfeiture as to the appellant corporation. A partyaggrieved by a final order of the court may seek review in the supreme court bywrit of certiorari in accordance with the procedures contained in §42-35-16.