How to Resign as Agent for Service of Process (or Disclaim a Corporate Position)

In “Incorporation: Not All (States’) Agents are Created Equal“, I discussed how agents for service of process in California are less formal – in both their appointment and their responsibilities – than registered agents in other states. California agents can resign more easily, too.

Corporations Code Section 1503(a) states that an agent for service of process may resign simply by filing a signed and acknowledged written statement. The Secretary of State? has provided Form RA-100 for this purpose.

Contrast Delaware General Corporation Law Sections 135 and 136, which specify, respectively, the procedures for resignation of a registered agent with or without appointment of a successor.

Interesting aside: Corporations Code Section 1503(b) states that any agent for service of process, officer or director may resign by disclaiming having been properly appointed. The specifications for such a disclaimer are set forth in Title 2, Division 7, Chapter 9, Section 21906 of the California Code of Regulations. The Secretary of State used to provide Form DSCL-100 for this purpose. However, since the Secretary of State reorganized its website, the only place I can find this form is at a commercial provider’s site.

Dana H. Shultz, Attorney at Law  +1 510-547-0545  dana [at] danashultz [dot] com
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