State ex rel. Bedford Coal By-Products Co. v. Fulton

Citations

• 98 Ohio St. (N.S.) 350

Syllabus

<p>Foreign corporations for profit — Franchise fee to secretary of state — Section 184, General Code — Amount based on capital stock, when — Refusal of certificate — Remedies — Mandamus or statutory appeal — Sections 189 and 190, General Code.</p> <p>1. A foreign corporation for profit, other than one of those mentioned in Section 188, General Code, which owns and uses all its property and transacts all of its business in the state of Ohio, is required, under the provisions of Section 184, General Code, to pay to the secretary of state a fee of one-tenth of one per cent, upon its authorized capital stock for the privilege of exercising its franchise in this state.</p> <p>2. Where such a corporation is aggrieved by the decision of the secretary of state as to the proportion of its capital stock represented by property owned and used and business done in this state, and the sole question for determination is one of law, such corporation may proceed in mandamus to require the secretary of state to make and deliver to it the certificate prescribed by Section 184, General Code.</p>