California Code of Regulations › Title 2 - Administration › Division 7 - Secretary of State › Chapter 9 - Business Programs › Section 21906 - Disclaimer of Proper Appointment as Agent, Officer or Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The disclaimer
				of proper appointment as agent for service of process, officer or director of a
				corporation provided for in Sections
				1503(b),
				6211(b),
				8211(b),
				9660 and
				12571(b)
				of the Corporations Code shall be accomplished by filing a Secretary of State
				form entitled "Disclaimer." The person completing the disclaimer form shall
				certify that he or she was never properly appointed as agent for service of
				process, officer or director of a certain, named corporation. The disclaimant
				shall also provide the typed or written name of the disclaimant, the California
				Secretary of State corporation number of the named corporation and the State or
				Country of incorporation. The form shall be signed and acknowledged by the
				disclaimant or, if the disclaimant is a corporation, by a representative of the
				disclaimant. A person shall be considered to have been "never properly
				appointed" only in situations where he or she never agreed to serve prior to
				his or her appointment, and never specifically accepted appointment or acted as
				if he or she had accepted appointment as agent for service of process, officer
				or director subsequent to such appointment. The form shall not be used in cases
				where a person who has served as agent for service of process, officer or
				director of a corporation has resigned or been removed from office for any
				reason.
(b) When a disclaimer form
				has been submitted in accordance with the provisions of these regulations, it
				shall be filed by the Secretary of State. The Secretary of State shall not be
				required to verify that the person making the disclaimer was ever actually
				named in an official filing as an agent for service of process, officer or
				director of the corporation specified. In cases where the person filing a
				disclaimer form is disclaiming proper appointment as agent for service of
				process and that person is shown on the Secretary of State's records as the
				current agent for service of process for the corporation specified on the
				disclaimer form, the filing of the disclaimer form shall effect a resignation
				of the person as such agent within the meaning of Sections
				1503,
				6211,
				8211,
				9660 and
				12571 of
				the Corporations Code, and the Secretary of State shall give written notice of
				the resignation by mail to the corporation affected at its principal executive
				office.
(c) The fees for copies and
				certified copies of disclaimer forms which have been filed with the Secretary
				of State shall be those set forth in Government Code Sections
				12183 and
				12178.1,
				respectively.
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1. New section
				  filed 2-23-89; operative 3-25-89 (Register 89, No. 9).
2. Change
				  without regulatory effect amending section and NOTE filed 12-22-2006 pursuant
				  to section 100, title 1, California Code of
				  Regulations (Register 2006, No. 51).
Note: Authority cited: Sections
					 1503,
					 6211,
					 8211,
					 9660 and
					 12571,
					 Corporations Code. Reference: Sections
					 1503,
					 6211,
					 8211,
					 9660 and
					 12571,
					 Corporations Code; Sections
					 12183 and
					 12178.1,
					 Government Code.