§ 18210 Agent Resignation Filing

This law tells how a person who is named to receive legal papers for a group that isn’t a corporation can quit, and how the group can fire that person, and what happens to any papers sent during the change.

Key Takeaways

•The agent (paper catcher) must file a signed resignation with the Secretary of State; it’s official when filed.
•The group can also file a revocation to fire the agent; it’s official when filed.
•Legal papers sent to the agent are still valid for 30 days after the resignation or revocation is filed.
•An agent can say they were never properly appointed, which can make their resignation effective.
•The state can destroy old resignation forms once a new agent is filed.

Example

The local community garden (an unincorporated association) had a neighbor named as its legal‑paper catcher. The neighbor moves away and files a resignation with the Secretary of State. The garden still gets any papers sent to the neighbor for 30 days after the filing.

The neighbor’s resignation becomes official when the state files it, and the state tells the garden about it. Even after the resignation, any legal papers sent to the neighbor within the next 30 days are still considered properly delivered. After a new catcher is filed, the old resignation paperwork can be thrown away.

(a) An agent designated by an unincorporated association for the service of process may deliver to the Secretary of State, on a form prescribed by the Secretary of State for filing, a signed and acknowledged written statement of resignation as an agent for service of process containing the name of the unincorporated association and Secretary of State’s file number of the unincorporated association, the name of the resigning agent for service of process, and a statement that the agent is resigning. The resignation is effective when filed. The Secretary of State shall mail or otherwise provide written notice of the filing to the unincorporated association at its address set out in the statement filed by the association. (b) An unincorporated association may at any time file with the Secretary of State a revocation of a designation of an agent for service of process on a form prescribed by the Secretary of State containing the name of the unincorporated association and Secretary of State’s file number for the unincorporated association, the name of the agent whose designation to accept service of process is being revoked and a statement that the unincorporated association has revoked the designation to accept service of process. The revocation is effective when filed. (c) Notwithstanding subdivisions (a) and (b), service made on an agent designated by an unincorporated association for service of process in the manner provided in subdivision (e) of Section 18200 is effective if made within 30 days after the statement of resignation or the revocation is filed with the Secretary of State. (d) The resignation of an agent may be effective if, on a form prescribed by the Secretary of State containing the name of the unincorporated association and Secretary of State’s file number for the unincorporated association and the name of the agent for service of process, the agent disclaims having been properly appointed as the agent. (e) The Secretary of State may destroy or otherwise dispose of any resignation filed pursuant to this section after a new form is filed pursuant to Section 18200 replacing the agent for service of process that has resigned. (Amended by Stats. 2014, Ch. 834, Sec. 48. (SB 1041) Effective January 1, 2015.)

Key Takeaways

•The agent (paper catcher) must file a signed resignation with the Secretary of State; it’s official when filed.
•The group can also file a revocation to fire the agent; it’s official when filed.
•Legal papers sent to the agent are still valid for 30 days after the resignation or revocation is filed.
•An agent can say they were never properly appointed, which can make their resignation effective.
•The state can destroy old resignation forms once a new agent is filed.

Key Takeaways

Example

Key Terms

References

§ 18210 Agent Resignation Filing

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References