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. 38, September 20, 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.
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.
