§ 7-1.2-1601 - The secretary of state.
SECTION 7-1.2-1601
§ 7-1.2-1601 The secretary of state.– (a) The secretary of state has the reasonably necessary power and authority toenable him or her to administer this chapter efficiently and to perform theduties imposed upon the secretary by this chapter.
(b) The secretary of state shall charge and collect inaccordance with the provisions of this chapter:
(1) Fees for filing documents and issuing certificates.
(2) Miscellaneous charges.
(3) License fees.
(c) The secretary of state shall, between the first (1st) andfifteenth (15th) day of each month, make an itemized return, in writing, to thestate controller of the amount of all fees and charges collected by him or herin the prior month, and pay to the general treasurer all of the state moneys inhis or her hands.
(d) All reports required by this chapter to be filed in theoffice of the secretary of state must be made on forms which are prescribed andfurnished by the secretary of state. Forms for all other documents to be filedin the office of the secretary of state may be furnished by the secretary ofstate on request for the forms, but the use of the forms, unless otherwisespecifically prescribed in this chapter, is not mandatory.
(e) If the secretary of state fails to approve any articlesof incorporation, amendment, merger, or dissolution, or any other documentrequired by this chapter to be approved by the secretary of state before thedocument is filed in his or her office, the secretary of state shall, withinten (10) days after the delivery of the document to the secretary of state,give written notice of disapproval to the person or corporation, domestic orforeign, delivering the document, specifying the reasons for the disapproval.From the disapproval the person or corporation may appeal to the superior courtof the county in which the registered office of the corporation is, or isproposed to be, situated by filing with the clerk of the court a petitionsetting forth a copy of the articles or other document sought to be filed and acopy of the written disapproval of the document by the secretary of state; atwhich time the matter may be tried de novo by the court, and the court shalleither sustain the action of the secretary of state or direct the secretary totake any action that the court deems proper.
(2) If the secretary of state revokes the certificate ofauthority to transact business in this state of any foreign corporationpursuant to the provisions of §§ 7-1.2-1414 and 7-1.2-1415, inaddition to the remedy provided in § 7-1.2-1416, the foreign corporationmay likewise appeal to the superior court of the county where the registeredoffice of the corporation in this state is situated, by filing with the clerkof the court a petition setting forth a copy of its certificate of authority totransact business in this state and a copy of the notice of revocation given bythe secretary of state; at that time the matter may be tried de novo by thecourt, and the court shall either sustain the action of the secretary of stateor direct the secretary to take any action that the court deems proper.
(3) Appeals from all final orders and judgments entered bythe superior court under this section in review of any ruling or decision ofthe secretary of state may be taken as in other civil actions.