Keep Your Corporation in Good Standing With the Arizona Corporation Commission !



Once you start your Corporation or Limited Liability Company, there are some very important issues to consider in order to stay in good standing with the Commission. When a Corporation falls out of good standing, it can be marked delinquent and subsequently administratively dissolved or revoked if you do not rectify the problem within the time period listed on the delinquency notice. Staying in good standing is easy. Here are six simple steps that will help to keep your company in good standing:

1. Publish your Articles of Incorporation. Within 60 days of approval, your articles must be published in a newspaper of general circulation in the county of the Corporationís known place of business in Arizona for three consecutive publications. To obtain a list of acceptable newspapers for publishing, click here.  The corporation may be subject to dissolution if it fails to publish.

2. File your Annual Reports! Corporations are required to file an annual report once a year. You may download your annual report on our website, or even better ñ many profit and non profit corporations may now  e-file annual reports. THE FOLLOWING OPTIONS ARE AVAILABLE TO FILE YOUR ANNUAL REPORT:

    Option 1:   FILE ELECTRONICALLY. File the annual report online. Please go to our quick link  at  http://starpas.azcc.gov. Enter the file number, indicated above, in the box under ëElectronic Filingsí for Annual Report and click ëGOí.  On the next screen, select the box ëE-File an Annual Report Onlineí. Please follow all instructions. If you have any problems, please contact us by e-mail at ARRequest@azcc.gov or call (602) 542-3285.

    Option 2:   PRINT & MAIL THE ANNUAL REPORT. You can print a form or complete a fillable annual report form on our website. Please go to our quick link at http://starpas.azcc.gov.  Enter the file number, indicated above, in the box under ëElectronic Filingsí for Annual Report and click ëGOí. On the next screen,  select the box listed ëForms for Annual Reports to be printed and mailedí. If you have any problems, please contact us by e-mail at ARRequest@azcc.gov or call (602) 542-3285. 

    Option 3:   REQUEST THE ANNUAL REPORT FORM. Have the annual report MAILED OR FAXED to you. Please contact us by e-mail at ARRequest@azcc.gov or call (602)-542-3285.  

    If you choose not to e-file your report, make sure that you complete the entire form, follow the instructions  provided, and then mail the report to the Arizona Corporation Commission alongwith a check for the filing fee and late penalties (if applicable) that are due. Please note: Monthly late  penalties do not apply to non-profit corporations. Late penalties are $9.00 per  month; they begin the day after your report was due, and continue to accrue up to the date it is received by the Commission.   

3. If you move, tell us! Maintain deliverable addresses for your Corporation on our records! If you move the known place of business address for your Corporation, or if your StatutoryAgentís address changes, you must submit a Statement of Change of Known place of Business or Statutory Agent. Click here to download the form or you can make the changes on your annual report (if it is due). Please note that we DO NOT allow the Postal Service to forward mail, so once you move you will no longer receive critical documents such as annual reports. Therefore, it is extremely important that you notify us of any address changes. 

4. Maintain a Statutory Agent at all times! If your statutory agent has resigned, you must appoint a new agent immediately. The form, Statement of Change of Known place of Business or Statutory Agent, can be downloaded by clicking here or you can also appoint a new agent on your annual report. There is no fee associated with this form unless you wish to have the document expedited.

5. Make sure that your corporate life has not expired! When you originally incorporated, you may have chosen a specified period of time that your Corporation would exist. If you intend to operate your Corporation beyond that original life span, you must file an amendment with the Corporate Filings Section to extend the life period of your corporation. You may obtain the amendment form by clicking here. The fee to file an amendment is $25.00. Expedited service is available for an additional $35.00. 

6. Make good on any Non-sufficient funds (NSF) checks! If any payment that you have submitted to the Arizona Corporation Commission has not cleared, for whatever reason, you must submit the payment amount plus a $10.00 fee, which is imposed on all NSF checks. The payment you submit cannot be a personal check or business check. The payment must be a cashierís check, money order, or cash (accepted only at our counter). 

If your corporation has been dissolved or your authority revoked for any of the above reasons, you have six years from the delinquency date to correct the deficiency. This may be accomplished by filing the necessary documents, paying all fees that are due, and including the proper reinstatement fee. For profit corporations, the reinstatement fee is $100.00 and for non-profit corporations it is $25.00. Please note: Your Corporationís name will only be held for six months after the date of delinquency. Another corporation can use your name after six months. If that happens and you decide to reinstate, you will also be required to file an amendment to change the corporate name.

Arizona Corporations Division Contact Information



Corporations Division
Jeff Grant - Director

Contact Information:

Annual Reports ...............................................................................................(602) 542-3285  
(Including address and statutory agent changes, delinquencies and revocations) or contact by email at: annrpts.corp@azcc.gov

FAX .......................................................................................................(602) 542-4100  

Please do not fax your document more than once. Your own fax machine printout is your confirmation that your faxed document was properly transmitted to the A.C.C. Corporations Division.

Customer Service Information.......................................................................(602) 542-3026

(Including inquiries about entities and documents submitted,  such as filing status, records requests, forms requests and information, and certifications) or contact by e-mail at: records.corp@azcc.gov

FAX (Corporate Records) ........................................................................(602) 542-3414

Please do not fax your document more than once. Your own fax machine printout is your confirmation that your faxed document was properly transmitted to the A.C.C. Corporations Division.    

Corporate Filings ............................................................................................(602) 542-3026  
(Inquiries by telephone go through the Customer Service Information) or contact by email at: filings.corp@azcc.gov

FAX (Corporate Filings main fax line).......................................................(602) 542-4100

Fax (Corporate Filings alternate fax line)..................................................(602) 542-8813 

Please do not fax your document more than once. Your own fax machine printout is your confirmation that your faxed document was properly transmitted to the A.C.C. Corporations Division.

Director & Deputy Director Offices ................................................................(602) 542-3521
Contact by email at:  director.corp@azcc.gov

FAX........................................................................................................(602) 542-0900

Arizona Corporation Commission Background and Organization



Article 15 of the Arizona Constitution establishes the Arizona Corporation Commission. Only 7 states have constitutionally formed Commissions. Arizona is one of only 13 states with elected Commissioners. In the 37 other states, Commissioners are appointed by either the governor or the legislature.
In most states, the Commission is known as the Public Service Commission or the Public Utility Commission. Our Commission, however, has responsibilities that go beyond traditional public utilities regulation. These additional roles include facilitating the incorporation of businesses and organizations, securities regulation and railroad/pipeline safety.
By virtue of the Arizona Constitution, the Commissioners function in an Executive capacity, they adopt rules and regulations thereby functioning in a Legislative capacity, and they also act in a Judicial capacity sitting as a tribunal and making decisions in contested matters.

The Commission is required by the Arizona Constitution to maintain its chief office in Phoenix and it is required by law to conduct monthly meetings.

Organization

In November 2000, the voters of Arizona approved a measure, placed on the ballot by the State Legislature, which expanded the size of the Commission from three to five Commissioners. The measure also changed the term of office from one six-year term to a four-year term with the possibility of reelection to one additional (consecutive) four-year term. The initial terms of the two new seats are for two years. In the case of a vacancy, the Governor appoints a Commissioner to serve until the next general election. The Commissioners choose one member from among themselves to serve as Chairman.
The Commissioners have the ultimate responsibility for final decisions on granting or denying rate adjustments, enforcing safety and public service requirements, and approving securities matters.
Executive Director
The Director of the Commission Staff is the Executive Director. The Executive Director serves at the pleasure of the Commissioners, and is responsible to the Commissioners for the day to day operations of all Divisions. Section 40-105, Arizona Revised Statutes, outlines the powers and duties of the Executive Director's position.

Divisions

The Commission staff is organized into six Divisions. Each Division is headed by a Director who reports to the Executive Director.
Administration
The Administration Division plans, coordinates and directs the administrative and fiscal activities necessary to support the Commissioners and all Divisions of the Commission. The Division also provides information to the general public and media on all Commission activities.

Hearings

The Hearings Division exercises the Commission's authority to hold public hearings on matters involving the regulation of public service corporations, the sale of securities and the registration of non-municipal corporations. The Hearings Division is also responsible for the Commission's Docket Control Section.

Utilities

The Arizona Corporation Commission has jurisdiction over the quality of service and rates charged by public service utilities. By state law, public service utilities are regulated monopolies given the opportunity to earn a fair and reasonable return on their investments. What is fair and reasonable in any particular case has been and always will be open to debate in rate hearings before the Commission. Generally, the Commission tries to balance the customers' interest in affordable and reliable utility service with the utility's interest in earning a fair profit.

The Utilities Division makes specific recommendations to the Commissioners to assist them in reaching decisions regarding public utility rates, utility finance and quality of service. The Division is responsible for researching and developing utility issues, providing information and evidence in Commission proceedings dealing with utility applications, and monitoring the quality of utility service, and the rates approved by the Commissioners. Additionally, Division staff inspects gas pipelines for safety, operates a railroad safety program and maintains the official documents of proceedings before the Commission.
All rate changes require approval of the Commission in an Open Meeting. Staff preparation for a major rate hearing begins at the time of utility's initial filing, and takes approximately four to six months before the hearing takes place. Work efforts between the time of filing and hearing include a review of past Commission actions, a review of documents on file with the Commission, an audit of the books and records of the utility, discussions with utility personnel and other interested parties, formulation of the staff recommendation, an analysis of the impacts of the recommendation, and preparation of written testimony and schedules.

Securities

The Securities Division strives to ensure the integrity of the securities marketplace through investigative actions as well as the registration and/or oversight of securities, securities dealers and brokers, investment advisers and their representatives; to enhance legitimate capital formation; and to minimize the burden and expense of regulatory compliance by legitimate business.
The Division reviews prospective offerings of securities to ascertain that full and fair disclosure is made to potential securities investors and that the terms of offerings are not inherently fraudulent.
Certain securities dealers, salespersons, investment advisers, and investment adviser representatives are required to register with the Division. The Division reviews these applications and monitors the conduct of investment advisers, dealers and salespersons; investigates possible violations; and when the evidence warrants, initiates administrative or civil actions, or refers cases for criminal prosecution.

Corporations

The Corporations Division approves for filing all articles of incorporation for Arizona businesses; all articles of organization for limited liability companies; grants authority to foreign corporations to transact business in this state; propounds interrogatories when necessary to determine a company's lawful purpose; and revokes the corporate charters of those corporations which choose to not comply with Arizona law. The Division collects from every corporation an annual report which reflects its current status, business, and financial condition; maintains this information in a format conducive to public access; responds to public questions concerning Arizona businesses and corporation law; and responds to the needs of the business sector by disseminating whatever information is mission-critical to them in the most expedient and cost-effective manner possible.
Any significant changes to Articles of Incorporation or Articles of Organization for Limited Liability Companies in the form of amendments, mergers, consolidations, dissolutions or withdrawals are also filed with the Division. All filings are public record and available for inspection.

Legal

The Legal Division provides legal assistance, advice and representation to the Commissioners and each Division of the Corporation Commission except the Securities Division. Matters handled by the Legal Division fall into five general categories: Commission dockets, Federal regulatory dockets, litigation, other administrative matters and special projects.
Most of the Division's resources are devoted to Commission hearings. Major rate cases, such as those involving firms like the Arizona Public Service Company and Qwest, where tens of millions of dollars in potential rate increases are at stake, take several months to prepare and require close coordination with the Commissioners, staff and professional consultants.
Information Technology
The mission of the Information Technology (IT) Division is to provide accurate, efficient and timely technology design, development, implementation, communications and maintenance support services to the agency and its respective divisions in support of their missions and objectives

Arizona Corporation Commission Website

The Arizona Corporation Commission is the Public Utilities Commission of the State of Arizona, established by Article 15 of the Arizona Constitution. There are currently five members of the commission (recently expanded from three). Arizona is one of only a handful of states with elected commissioners. The Arizona constitution itself explicitly calls for an elected commission (as opposed to a governor-appointed commission, which is the standard in most states), because its drafters feared that governors would appoint industry-friendly officials.[1]  They are directly elected statewide, and serve staggered four-year terms.

The commission's scope of responsibility is generally larger than most commissions in other states. Some of its major duties are to regulate public utility companies, regulate/facilitate the incorporation of businesses and organizations, securities regulation, and railroad/pipeline safety.

Current corporation commissioners as of 2009 are Paul Newman (D), Gary Pierce (R), Kristin Mayes (R), Bob Stump (R), and Sandra Kennedy (D).