Instructions for Form M002.005 "Statutory Agent Acceptance" - Arizona

This document contains official instructions for Form M002.005, Statutory Agent Acceptance - a form released and collected by the Arizona Corporation Commission.

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Download Instructions for Form M002.005 "Statutory Agent Acceptance" - Arizona

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ARIZONA CORPORATION COMMISSION
Statutory Agent Acceptance
Corporations Division
1300 West Washington Street
Phoenix, Arizona 85007
www.azcc.gov
(602) 542-3026
Instructions M002i
General Information
Who can submit the Acceptance
Who can be the Statutory Agent?
form? Once the Acceptance is signed
A Statutory Agent can be an individual,
by the statutory agent, anyone can
All corporations and limited liability
or an Arizona corporation or LLC, or a
submit the form to the A.C.C. It is
companies (“LLCs”) registered with the
foreign corporation or LLC that is
strongly recommended, however, that
Arizona Corporation Commission are
authorized to transact business in
the Acceptance be submitted
required to appoint a statutory agent in
Arizona. A corporation or LLC cannot be
simultaneously with whatever other
the state of Arizona. See A.R.S. §§ 29-
its own Statutory Agent – it must
document makes the appointment to
3115. The statutory agent is required
appoint someone apart from itself. For
ensure accurate processing of both
to accept the appointment by signing
example, the LLC can appoint one of its
documents.
members or managers in his or her
a statement of acceptance. Statutes
capacity as an individual as the
are available on the Arizona Legislature's
Filing fee. There is no filing fee. If the
statutory agent, but cannot appoint the
website,
, by following the
www.azleg.gov
Acceptance is submitted separately
LLC itself as the statutory agent.
link for Arizona Revised Statutes.
from the document making the
The Statutory Agent Acceptance form
If an individual is appointed as the
appointment (not recommended), the
provided by the Arizona Corporation
statutory agent, that individual must be
Acceptance can be independently
Commission meets the minimum
a permanent, full-time resident of the
expedited.
statutory requirements. Use of the
State of Arizona and must have a
For Expedited processing, add $35.00.
A.C.C.’ s form is not required.
permanent, full-time physical or street
For Two-Hour Service, add $400.00.
address in the State of Arizona. The
For Same Day Service, add $200.00.
What is a Statutory Agent?
mailing address, if any, of that
For Next Day Service, add $100.00.
A Statutory Agent is an individual or a
individual statutory agent must also be
For questions, contact our Call Center at
business entity that a corporation or
in Arizona.
602-542-3026. All fees are nonrefundable.
LLC appoints for the purpose of
The statutory agent must accept the
See A.R.S. §§ 10-122,10-3122 and
accepting service of process (lawsuit
appointment in writing. The statutory
29-3213.
papers or legal documents) for the
agent can accept the appointment by
corporation or LLC. See A.R.S. §§ 10-
completing and submitting the Statutory
Processing time. Processing times
501, 10-504, 10-1507, 10-1510, 10-
Agent Acceptance form M002 found on
are posted on the A.C.C. website each
3501, 10-3504, 29-3115. The
our website at:
www.ecorp.azcc.gov
Monday at
www.ecorp.azcc.gov
agent is called a “statutory” agent
If the statutory agent is an entity,
For expedited (faster) processing,
because a statute requires that the
an authorized agent of that entity can
payment of the expedite fee plus
corporation or LLC appoint someone for
sign the acceptance. An authorized agent
payment of the filing fee must be
this purpose. See A.R.S. §§ 10-501, 10-
is anyone given authority to sign for
submitted. See A.R.S. §§ 10-122,
504, 10-1507, 10-1510, 10-3501, 10-
that entity.
10-3122 and 29-3213.
3504, 29-3115. If, for example,
The expedite fee is $35.00. See
a lawsuit is filed against the corporation
Decision No. 68008, July 22, 2005,
Is the Acceptance form the same
or LLC, the Statutory Agent will be the
Docket No. AC-00000A-05-0488.
as an appointment? No. Use a
one who is served (receives the papers
Same Day/Next Day Service fees, See
Statement of Change form to appoint a
on behalf of the entity), and then the
Decision No. 77503, December 17, 2019,
new statutory agent. Forms are
Statutory Agent should give the papers
as amended on January 15, 2020.
available on our website at this link:
to the corporation or LLC. Note that the
Docket No. ACC-00000A-19-0213.
www.ecorp.azcc.gov
law requires that the corporation or LLC
maintain a statutory agent with a valid
Who can sign the Acceptance
address on the records of the Arizona
Instructions
form? Only the statutory agent that
Corporation Commission at all times,
has been appointed can sign the form.
and the failure to do so will subject the
Number 1. List the exact name of the
If an individual has been appointed,
corporation or LLC to being
corporation or LLC as shown in the
that individual will sign the form. If an
administratively dissolved. See A.R.S.
records of the Arizona Corporation
entity has been appointed as statutory
§§ 10-1420, 10-11420, 29-3708. Official
Commission, including exact spelling,
agent, then an authorized agent for that
notices from the Arizona Corporation
punctuation, and the corporation or LLC
entity will sign the form. An authorized
Commission will be sent to the statutory
identifier such as Inc., Incorporated,
agent is anyone given authority to sign
agent’s address.
Limited Liability Company or LLC, etc.
for that entity.
M002i.005
Arizona Corporation Commission – Corporations Division
Rev. 3/2020
Page 1 of 2
ARIZONA CORPORATION COMMISSION
Statutory Agent Acceptance
Corporations Division
1300 West Washington Street
Phoenix, Arizona 85007
www.azcc.gov
(602) 542-3026
Instructions M002i
General Information
Who can submit the Acceptance
Who can be the Statutory Agent?
form? Once the Acceptance is signed
A Statutory Agent can be an individual,
by the statutory agent, anyone can
All corporations and limited liability
or an Arizona corporation or LLC, or a
submit the form to the A.C.C. It is
companies (“LLCs”) registered with the
foreign corporation or LLC that is
strongly recommended, however, that
Arizona Corporation Commission are
authorized to transact business in
the Acceptance be submitted
required to appoint a statutory agent in
Arizona. A corporation or LLC cannot be
simultaneously with whatever other
the state of Arizona. See A.R.S. §§ 29-
its own Statutory Agent – it must
document makes the appointment to
3115. The statutory agent is required
appoint someone apart from itself. For
ensure accurate processing of both
to accept the appointment by signing
example, the LLC can appoint one of its
documents.
members or managers in his or her
a statement of acceptance. Statutes
capacity as an individual as the
are available on the Arizona Legislature's
Filing fee. There is no filing fee. If the
statutory agent, but cannot appoint the
website,
, by following the
www.azleg.gov
Acceptance is submitted separately
LLC itself as the statutory agent.
link for Arizona Revised Statutes.
from the document making the
The Statutory Agent Acceptance form
If an individual is appointed as the
appointment (not recommended), the
provided by the Arizona Corporation
statutory agent, that individual must be
Acceptance can be independently
Commission meets the minimum
a permanent, full-time resident of the
expedited.
statutory requirements. Use of the
State of Arizona and must have a
For Expedited processing, add $35.00.
A.C.C.’ s form is not required.
permanent, full-time physical or street
For Two-Hour Service, add $400.00.
address in the State of Arizona. The
For Same Day Service, add $200.00.
What is a Statutory Agent?
mailing address, if any, of that
For Next Day Service, add $100.00.
A Statutory Agent is an individual or a
individual statutory agent must also be
For questions, contact our Call Center at
business entity that a corporation or
in Arizona.
602-542-3026. All fees are nonrefundable.
LLC appoints for the purpose of
The statutory agent must accept the
See A.R.S. §§ 10-122,10-3122 and
accepting service of process (lawsuit
appointment in writing. The statutory
29-3213.
papers or legal documents) for the
agent can accept the appointment by
corporation or LLC. See A.R.S. §§ 10-
completing and submitting the Statutory
Processing time. Processing times
501, 10-504, 10-1507, 10-1510, 10-
Agent Acceptance form M002 found on
are posted on the A.C.C. website each
3501, 10-3504, 29-3115. The
our website at:
www.ecorp.azcc.gov
Monday at
www.ecorp.azcc.gov
agent is called a “statutory” agent
If the statutory agent is an entity,
For expedited (faster) processing,
because a statute requires that the
an authorized agent of that entity can
payment of the expedite fee plus
corporation or LLC appoint someone for
sign the acceptance. An authorized agent
payment of the filing fee must be
this purpose. See A.R.S. §§ 10-501, 10-
is anyone given authority to sign for
submitted. See A.R.S. §§ 10-122,
504, 10-1507, 10-1510, 10-3501, 10-
that entity.
10-3122 and 29-3213.
3504, 29-3115. If, for example,
The expedite fee is $35.00. See
a lawsuit is filed against the corporation
Decision No. 68008, July 22, 2005,
Is the Acceptance form the same
or LLC, the Statutory Agent will be the
Docket No. AC-00000A-05-0488.
as an appointment? No. Use a
one who is served (receives the papers
Same Day/Next Day Service fees, See
Statement of Change form to appoint a
on behalf of the entity), and then the
Decision No. 77503, December 17, 2019,
new statutory agent. Forms are
Statutory Agent should give the papers
as amended on January 15, 2020.
available on our website at this link:
to the corporation or LLC. Note that the
Docket No. ACC-00000A-19-0213.
www.ecorp.azcc.gov
law requires that the corporation or LLC
maintain a statutory agent with a valid
Who can sign the Acceptance
address on the records of the Arizona
Instructions
form? Only the statutory agent that
Corporation Commission at all times,
has been appointed can sign the form.
and the failure to do so will subject the
Number 1. List the exact name of the
If an individual has been appointed,
corporation or LLC to being
corporation or LLC as shown in the
that individual will sign the form. If an
administratively dissolved. See A.R.S.
records of the Arizona Corporation
entity has been appointed as statutory
§§ 10-1420, 10-11420, 29-3708. Official
Commission, including exact spelling,
agent, then an authorized agent for that
notices from the Arizona Corporation
punctuation, and the corporation or LLC
entity will sign the form. An authorized
Commission will be sent to the statutory
identifier such as Inc., Incorporated,
agent is anyone given authority to sign
agent’s address.
Limited Liability Company or LLC, etc.
for that entity.
M002i.005
Arizona Corporation Commission – Corporations Division
Rev. 3/2020
Page 1 of 2
Number 2. List the exact name of the
In Person. Deliver the completed
statutory agent as appointed by the
document, cover sheet, and payment
entity. If the entity appointed an
(see below for payment information) to:
individual as statutory agent, list the
Arizona Corporation Commission
name of that individual. If the entity
Corporations Division - Examination Section
1300 W. Washington St.
appointed an existing corporation or
Phoenix, Arizona 85007
LLC as the statutory agent, list the
name of the corporation or LLC.
The Acceptance may be rejected if
Payment Methods
the statutory agent name does not
match exactly the name of the appointed
Credit card. If submitting the
statutory agent.
document in person, payment by credit
card is acceptable. Credit cards cannot
be used if submitting by mail. The
Signature and Verification
Arizona Corporation Commission
accepts only Visa or MasterCard.
The Statutory Agent Acceptance may be
signed only by the appointed statutory
Check. If submitting the document by
agent. If the appointed statutory agent
mail or in person, payment by check is
is an individual, that individual must
acceptable. Checks must be made
sign. If the appointed statutory agent is
payable to "Arizona Corporation
an entity, then an authorized agent of
Commission," with all words spelled out
that entity must sign. An authorized
and no abbreviations. Checks must be
agent is anyone given authority to sign
completely and properly filled out,
for that entity.
including the amount sections. We will
not accept checks drawn on non-U.S.
The document is submitted under
banks.
penalty of law, and the "I accept"
box must be checked.
Money order. If submitting the
document by mail or in person,
Sign on the signature line in the
payment by money order is acceptable.
Signature section. Print the name of the
individual signing next to the signature.
Cash. If submitting the document in
Fill in the date. Check the appropriate
person, cash payments are acceptable
box underneath the signature line to
at the Phoenix office ONLY (Tucson does
indicate the capacity of the signer.
not accept cash). Do not mail cash.
NOTE: No bills larger than $20.00 will
Submit the document
be accepted.
It is strongly recommended that the
Questions
Statutory Agent Acceptance form be
submitted at the same time as the
For questions, contact Customer Service
document making the appointment to
at 602-542-3026, or, within Arizona only,
ensure accurate processing of both
800-345-5819.
documents.
Cover Sheet. All documents must be
submitted with a Cover Sheet. Forms
are available on our website at this link:
www.ecorp.azcc.gov
By Mail. Mail the completed paper
document, cover sheet, and payment
(see below for payment information) to:
Arizona Corporation Commission
Corporations Division - Examination Section
1300 W. Washington St.
Phoenix, Arizona 85007
M002i.005
Arizona Corporation Commission – Corporations Division
Rev. 3/2020
Page 2 of 2
Page of 2