CALIFORNIA STATUTES AND CODES
SECTIONS 18200-18220
CORPORATIONS CODE
SECTION 18200-18220
18200. (a) An unincorporated association may file with the
Secretary of State, on a form prescribed by the Secretary of State, a
statement containing either of the following:
(1) A statement designating the location and complete address of
the unincorporated association's principal office in this state. Only
one place may be designated.
(2) A statement (A) designating the location and complete address
of the unincorporated association's principal office in this state in
accordance with paragraph (1) or, if the unincorporated association
does not have an office in this state, designating the complete
address of the unincorporated association to which the Secretary of
State shall send any notices required to be sent to the association
under Sections 18210 and 18215, and (B) designating as agent of the
association for service of process any natural person residing in
this state or any corporation that has complied with Section 1505 and
whose capacity to act as an agent has not terminated.
(b) If a natural person is designated as agent for service of
process, the statement shall include the person's complete business
or residence address. If a corporate agent is designated, no address
for it shall be included.
(c) Filing is deemed complete on acceptance by the Secretary of
State of the statement, a copy of the statement, and the filing fee.
The Secretary of State shall return the copy of the statement to the
unincorporated association, with notations that indicate the file
number and filing date of the original.
(d) At any time, an unincorporated association that has filed a
statement under this section may file a new statement superseding the
last previously filed statement. If the new statement does not
designate an agent for service of process, the filing of the new
statement shall be deemed to revoke the designation of an agent
previously designated. A statement filed under this section expires
five years from December 31 following the date it was filed in the
office of the Secretary of State, unless previously superseded by the
filing of a new statement.
(e) Delivery by hand of a copy of any process against the
unincorporated association (1) to any natural person designated by it
as agent, or (2) if the association has designated a corporate
agent, to any person named in the last certificate of the corporate
agent filed pursuant to Section 1505 at the office of the corporate
agent shall constitute valid service on the association.
(f) For filing a statement as provided in this section, the
Secretary of State shall charge and collect the fee provided in
paragraph (1) of subdivision (b) of Section 12191 of the Government
Code for filing a designation of agent.
(g) Notwithstanding Section 18055, a statement filed by a
partnership under former Section 24003 is subject to this chapter
until the statement is revoked or expires.
18205. (a) The Secretary of State shall mark each statement filed
under Section 18200 with a consecutive file number and the date of
filing. In lieu of retaining the original statement, the Secretary of
State may retain a copy in accordance with Section 14756 of the
Government Code.
(b) The Secretary of State shall index each statement filed under
Section 18200 according to the name of the unincorporated association
as set out in the statement and shall enter in the index the file
number and the address of the association as set out in the statement
and, if an agent for service of process is designated in the
statement, the name of the agent and, if a natural person is
designated as the agent, the address of that person.
(c) Upon request of any person, the Secretary of State shall issue
a certificate showing whether, according to the Secretary of State's
records, there is on file on the date of the certificate, any
presently effective statement filed under Section 18200 for an
unincorporated association using a specific name designated by the
person making the request. If a statement is on file, the certificate
shall include the information required by subdivision (b) to be
included in the index. The fee for the certificate is the fee
provided in Section 12183 of the Government Code.
(d) When a statement has expired under subdivision (d) of Section
18200, the Secretary of State shall enter that fact in the index
together with the date of the expiration.
(e) Four years after a statement has expired, the Secretary of
State may destroy or otherwise dispose of the statement and delete
information concerning that statement from the index.
18210. (a) An agent designated by an unincorporated association for
the service of process may file with the Secretary of State a signed
and acknowledged written statement of resignation as agent of the
unincorporated association. The resignation is effective when filed.
The Secretary of State shall mail 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. 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.
18215. Between the first day of October and the first day of
December immediately preceding the expiration date of a statement
filed under Section 18200, the Secretary of State shall send by
first-class mail a notice, indicating the date on which the statement
will expire and the file number assigned to the statement, to the
unincorporated association at its address as set out in the
statement. Neither the failure of the Secretary of State to mail the
notice as provided in this section nor the failure of the notice to
reach the unincorporated association shall continue the statement in
effect after the date of its expiration. Neither the state nor any
officer or employee of the state is liable for damages for failure to
mail the notice as required by this section.
18220. If designation of an agent for the purpose of service of
process has not been made as provided in Section 18200, or if the
agent designated cannot with reasonable diligence be found at the
address specified in the index referred to in Section 18205 for
delivery by hand of the process, and it is shown by affidavit to the
satisfaction of a court or judge that process against an
unincorporated association cannot be served with reasonable diligence
upon the designated agent by hand or the unincorporated association
in the manner provided for in Section 415.10 or 415.30 of the Code of
Civil Procedure or subdivision (a) of Section 415.20 of the Code of
Civil Procedure, the court or judge may make an order that service be
made upon the unincorporated association by delivery of a copy of
the process to one or more of the association's members designated in
the order and by mailing a copy of the process to the association at
its last known address. Service in this manner constitutes personal
service upon the unincorporated association.
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