Unincorporated Associations and Designation of Agents

Corporations Code Title 3, Part 1, Chapter 4 deals with the designation of an agent for service of process for an unincorporated association in this state.

Section 18200 provides that an unincorporated association may file with the Secretary of State, on a form prescribed by the Secretary of State, a statement containing specified information.

Section 18205 requires the Secretary of State to mark each statement filed 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. The Secretary of State is required to index each statement filed according to the name of the unincorporated association.

Section 18210 provides that 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 specified information.

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.

Section 18215 explains that, 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 is required to send by first-class mail a notice to the unincorporated association.

Section 18220 states that, if designation of an agent for the purpose of service of process has not been made, or if the agent designated cannot with reasonable diligence be found at the address specified in the index for delivery by hand of the process, 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.