§415-140 Appeal from director. If the director shall fail to approve any articles of incorporation, amendment, merger, consolidation, or dissolution, or any other document required by this chapter to be approved by the director before the same shall be filed in the director's office, the director shall give written notice of the director's disapproval to the person or corporation, domestic or foreign, delivering the same, and specifying the reasons therefor. From such disapproval the person or corporation may appeal to the court of the circuit in which the registered or principal office of the corporation is situated, or is proposed to be situated, by filing with the clerk of the court a petition setting forth a copy of the articles or other document sought to be filed and a copy of the written disapproval thereof by the director; whereupon the matter shall be tried de novo by the court, and the court shall either sustain the action of the director or direct the director to take such action as the court may deem proper.

If the director revokes the certificate of authority to transact business in this State of any foreign corporation, pursuant to the provisions of this chapter, the foreign corporation may likewise appeal to the court of the circuit where the registered office of the foreign corporation in this State is situated by filing with the clerk of the court a petition setting forth a copy of its certificate of authority to transact business in this State and a copy of the notice of revocation issued by the director; whereupon the matter shall be tried de novo by the court, and the court shall either sustain the action of the director or direct the director to take such action as the court may deem proper.

Appeals from all final orders and judgments entered by the court under this section in review of any ruling or decision of the director may be taken as in other civil actions. [L 1983, c 167, pt of §1; am L 1985, c 270, §4; gen ch 1985; am L 1987, c 135, §100]