(a) A nonregistered foreign entity or domestic nonfiling entity may deliver to the Mayor for filing a statement designating a registered agent signed by the entity which states the:
(1) Name, type of entity, and jurisdiction of formation of the entity; and
(2) Information required by § 29-104.04(a).
(b) A statement designating a registered agent under subsection (a) of this section is effective on filing by the Mayor and shall be effective for 5 years after the date of filing unless canceled or terminated earlier.
(c) Designation of a registered agent under subsection (a) of this section does not register a nonregistered foreign entity to do business in the District.
(d) A statement designating a registered agent under subsection (a) of this section may not be rejected for filing because the name of the entity filing the statement is not distinguishable on the records of the Mayor from the name of another entity appearing in those records. The filing of the statement shall not make the name of the entity filing the statement unavailable for use by another entity.
(e) An entity that delivers to the Mayor for filing a statement under subsection (a) of this section designating a registered agent may cancel the statement by delivering to the Mayor for filing a statement of cancellation that states the name of the entity and that the entity is canceling its designation of a registered agent in the District. The statement shall be effective on filing by the Mayor.
(f) A statement designating a registered agent under subsection (a) of this section for a nonregistered foreign entity terminates on the date the entity becomes a registered foreign entity.
(g) A statement under subsection (a) of this section must be signed by a person authorized to manage the affairs of the nonregistered foreign entity or domestic nonfiling entity and by the person designated as the agent. The signing of the statement is an affirmation of fact that the person is authorized to manage the affairs of the entity and that the agent has consented to serve.
(July 2, 2011, D.C. Law 18-378, § 2, 58 DCR 1720; Mar. 5, 2013, D.C. Law 19-210, § 2(a)(25), 59 DCR 13171.)
Section ReferencesThis section is referenced in § 29-104.01.
Effect of AmendmentsThe 2013 amendment by D.C. Law 19-210 substituted “appoint” or its variants for “designate” or its variants throughout the section and in the section heading; substituted “nonregistered” for “nonqualified” throughout the section and in the section heading; substituted “by” for “on behalf of” in (a); substituted “designating a registered agent under subsection (a) of this section is” for “appointing a registered agent shall be” in (b); substituted “subsection (a) of this section does not register a nonregistered” for “this section shall not qualify a” in (c); substituted “designating a registered agent under subsection (a) of this section may” for “appointing a registered agent shall” in (d); substituted “designation of a registered agent” for “appointment of an agent for service of process” in (e); substituted “designating a registered agent under subsection (a) of this section” for “appointing a registered agent” in (f); and added (g).
Editor's NotesApplication of Law 19-210: Section 7 of D.C. Law 19-210 provided that the act shall apply as of January 1, 2012.