Arizona Laws 29-3210. Duty of commission to file; refusal to file; delivery of record by commission
A. The commission shall file a record that is delivered to the commission for filing and that satisfies this chapter. The duty of the commission under this section is ministerial.
Terms Used In Arizona Laws 29-3210
- Commission: means the corporation commission. See Arizona Laws 29-3102
- Person: means an individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, general cooperative association, limited cooperative association, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate, trust, association, joint venture, public corporation or government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Arizona Laws 29-3102
- Principal address: means the mailing address of a limited liability company or foreign limited liability company, whether or not located in this state. See Arizona Laws 29-3102
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in a perceivable form. See Arizona Laws 29-3102
- Statutory agent: means the agent of a limited liability company or foreign limited liability company that is authorized to receive service of any process, notice or demand required or permitted by law to be served on the company. See Arizona Laws 29-3102
B. When the commission files a record, the commission shall record the record as filed on the date and at the time of its delivery. After filing a record, the commission shall deliver to the person that submitted the record an acknowledgment of the date and time of filing.
C. If the commission refuses to file a record, the commission shall both:
1. Return the record or notify the person that submitted the record of the refusal.
2. Provide a brief explanation in a record of the reason for the refusal.
D. If the commission refuses to file a record, the person that submitted the record may petition a court of competent jurisdiction to compel filing of the record. The record and the explanation of the commission of the refusal to file must be attached to the petition. The court may decide the matter in a summary proceeding.
E. The filing of or refusal to file a record does not do either of the following:
1. Affect the validity or invalidity of the record in whole or in part.
2. Create a presumption that the information contained in the record is correct or incorrect.
F. Except as otherwise provided by section 29-3119 or by a law other than this chapter, the commission may deliver any record to a person by delivering the record in any of the following manners:
1. In person to the person that submitted the record.
2. To the address of the person’s statutory agent.
3. To the principal address of the person.
4. To another address or e-mail address that the person provides to the commission for delivery.