§31E-1-126. Appeal from secretary of state's refusal to file
(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 to the circuit court within
thirty days after the return of the document to the corporation.
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 or her refusal to file.
(b) The circuit court may summarily order the secretary of
state to file the document or take other action the court considers
(c) The circuit court's final decision may be appealed to the
West Virginia supreme court of appeals as in other civil