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Instructions M002iStatutory Agent Acceptance

ARIZONA CORPORATION COMMISSIONCorporations Division

1300 West Washington StreetPhoenix, Arizona 85007

www.azcc.gov(602) 542-3026

M002i.001 Arizona Corporation Commission Corporations DivisionRev. 2012 Page 1 of 2

General Information

All corporations and limited liabilitycompanies (LLCs) registered with the

Arizona Corporation Commission arerequired to appoint a statutory agent inthe state of Arizona. See A.R.S. 10-501 (for-profits), 10-3501 (nonprofits),10-1507 (foreign corps), 29-604 (LLCs),29-806 (foreign LLCs). The statutoryagent is required to accept theappointment by signing a statement ofacceptance. See A.R.S. 10-202 (for-profits), 10-3202 (nonprofits), 10-1503(foreign corps), 29-632 (LLCs), 29-802

(foreign LLCs). Statutes are available onthe Arizona Legislatures website,

www.azleg.gov, by following the link forArizona Revised Statutes.

The Statutory Agent Acceptance formprovided by the Arizona CorporationCommission meets the minimumstatutory requirements. Use of the

A.C.C. s form is not required.

What is a Statutory Agent?A Statutory Agent is an individual or abusiness entity that a corporation orLLC appoints for the purpose of

accepting service of process (lawsuitpapers or legal documents) for thecorporation or LLC. See A.R.S. 10-501, 10-504, 10-1507, 10-1510, 10-3501, 10-3504, 29-604, 29-606. Theagent is called a statutory agentbecause a statute requires that thecorporation or LLC appoint someone forthis purpose. See A.R.S. 10-501, 10-504, 10-1507, 10-1510, 10-3501, 10-3504, 29-604, 29-606. If, for example,a lawsuit is filed against the corporationor LLC, the Statutory Agent will be theone who is served (receives the papers

on behalf of the entity), and then theStatutory Agent should give the papersto the corporation or LLC. Note that thelaw requires that the corporation or LLCmaintain a statutory agent with a validaddress on the records of the ArizonaCorporation Commission at all times,and the failure to do so will subject thecorporation or LLC to beingadministratively dissolved. See A.R.S. 10-1420, 10-11420, 29-786. Officialnotices from the Arizona Corporation

Commission will be sent to the statutory

agents address.Who can be the Statutory Agent?

A Statutory Agent can be an individual,or an Arizona corporation or LLC, or aforeign corporation or LLC that isauthorized to transact business in

Arizona. A corporation or LLC cannot beits own Statutory Agent it mustappoint someone apart from itself. Forexample, the LLC can appoint one of itsmembers or managers in his or hercapacity as an individual as thestatutory agent, but cannot appoint theLLC itself as the statutory agent.

If an individual is appointed as thestatutory agent, that individual must bea permanent, full-time resident of theState of Arizona and must have apermanent, full-time physical or streetaddress in the State of Arizona. Themailing address, if any, of thatindividual statutory agent must also bein Arizona.

The statutory agent must accept theappointment in writing. The statutoryagent can accept the appointment bycompleting and submitting the Statutory

Agent Acceptance form M002 found onour website at:http://www.azcc.gov/Divisions/Corporations/

forms/formsindex.asp. If the statutoryagent is an entity, an authorized agentof that entity can sign the acceptance.

An authorized agent is anyone givenauthority to sign for that entity.

Is the Acceptance form the sameas an appointment? No. Use aStatement of Change form to appoint anew statutory agent. Forms areavailable on our website at this link:http://www.azcc.gov/Divisions/Corporations/forms/formsindex.asp.

Who can sign the Acceptanceform? Only the statutory agent thathas been appointed can sign the form.If an individual has been appointed,that individual will sign the form. If anentity has been appointed as statutoryagent, then an authorized agent for thatentity will sign the form. An authorizedagent is anyone given authority to signfor that entity.

Who can submit the Acceptance

form? Once the Acceptance is signedby the statutory agent, anyone cansubmit the form to the A.C.C. It isstrongly recommended, however, thatthe Acceptance be submittedsimultaneously with whatever otherdocument makes the appointment toensure accurate processing of bothdocuments.

Filing fee. There is no filing fee. If theAcceptance is submitted separatelyfrom the document making theappointment (not recommended), the

Acceptance can be independently

expedited. For expedited processing(read the next paragraph), add $35.00to the filing fee. All fees arenonrefundable. See A.R.S. 10-122(for-profits), 10-3122 (nonprofits), 29-851 (LLCs).

Processing time. Processing timesare posted on the A.C.C. website eachMonday atwww.azcc.gov/Divisions/Corporations.

For expedited (faster) processing,payment of the expedite fee pluspayment of the filing fee must be

submitted. See A.R.S. 10-122 (for-profits), 10-3122 (nonprofits), 29-851(LLCs). The expedite fee is $35.00. SeeDecision No. 68008, July 22, 2005,Docket No. AC-00000A-05-0488. The

Arizona Corporation Commission doesnot currently offer same day or nextday service.

Instructions

Number 1. List the exact name of thecorporation or LLC as shown in therecords of the Arizona Corporation

Commission, including exact spelling,punctuation, and the corporation or LLCidentifier such as Inc., Incorporated,Limited Liability Company or LLC, etc.

Number 2. A.C.C. file number listthe entitys file number given to it bythe Arizona Corporation Commission.Find the file number on our website atwww.azcc.gov/Divisions/Corporations

Number 3. List the exact name of thestatutory agent as appointed by theentity. If the entity appointed an

http://www.azcc.gov/Divisions/Corporations/forms/formsindex.asphttp://www.azcc.gov/Divisions/Corporations/forms/formsindex.asphttp://www.azcc.gov/Divisions/Corporations/forms/formsindex.asphttp://www.azcc.gov/Divisions/Corporations/forms/formsindex.asp

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M002i.001 Arizona Corporation Commission Corporations DivisionRev. 2012 Page 2 of 2

individual as statutory agent, list thename of that individual. If the entityappointed a corporation or LLC as thestatutory agent, list the name of thecorporation or LLC. The Acceptancemay be rejected if the statutory agentname does not match exactly the name

of the appointed statutory agent.

Number 3.1. Check only one box toindicate whether the appointedstatutory agent is an individual or anentity.

Signature and VerificationThe Statutory Agent Acceptance may besigned only by the appointed statutoryagent. If the appointed statutory agentis an individual, that individual mustsign. If the appointed statutory agent isan entity, then an authorized agent of

that entity must sign. An authorizedagent is anyone given authority to signfor that entity.

The document is submitted underpenalty of perjury, and the I acceptbox must be checked.

Sign on the line underneath the Iaccept box. Print the name of theindividual signing next to the signature.If completing the form online, type inthe name in both fields. Fill in the date.Check the appropriate box underneaththe signature line to indicate thecapacity of the signer.

Submit the document

It is strongly recommended that theStatutory Agent Acceptance form besubmitted at the same time as thedocument making the appointment toensure accurate processing of bothdocuments.

Cover Sheet. All documents must besubmitted with a Cover Sheet. Formsare available on our website at this link:

http://www.azcc.gov/Divisions/Corporations/forms/formsindex.asp.

By Mail. Mail the completed paperdocument, cover sheet, and payment(see below for payment information) to:

Arizona Corporation CommissionCorporations Division1300 W. Washington St.Phoenix, Arizona 85007

In Person. Deliver the completeddocument, cover sheet, and payment(see below for payment information) to:

Arizona Corporation CommissionCorporations Division1300 W. Washington St.Phoenix, Arizona 85007

Payment Methods

Credit card. If submitting thedocument in person, payment by creditcard is acceptable. Credit cards cannotbe used if submitting by mail. The

Arizona Corporation Commissionaccepts only Visa, MasterCard, or

American Express.

Check. If submitting the document bymail or in person, payment by check isacceptable. Checks must have animprinted name of the account holderand/or the account holders imprintedaddress checks without imprintedname or address information will not be

accepted. A handwritten or stampedname or address will not be accepted. Ifpaying by check, make the checkpayable to Arizona CorporationCommission, and do not abbreviate.

Money order. If submitting thedocument by mail or in person,payment by money order is acceptable.

Cash. If submitting the document inperson, cash payments are acceptable.Do not mail cash.

QuestionsFor questions, contact our CustomerService Call Center at 602-542-3026, or,within Arizona only, 800-345-5819.

http://www.azcc.gov/Divisions/Corporations/forms/formsindex.asphttp://www.azcc.gov/Divisions/Corporations/forms/formsindex.asphttp://www.azcc.gov/Divisions/Corporations/forms/formsindex.asphttp://www.azcc.gov/Divisions/Corporations/forms/formsindex.asp