10-122. Filing, service and copying fees;
expedited report filing and access; same day and next day services;
posted wait times; advance monies; definition
A. The commission shall collect and deposit, pursuant to sections 35-146 and
35-147, the following nonrefundable fees when the documents described in this subsection
are delivered to the commission:
Document Fee
1. Articles of incorporation $50
2. Application for use of indistinguishable name 10
3. Application for reserved name 10
4. Notice of transfer of reserved name 10
5. Application for registered name 10
6. Application for renewal of registered name 10
7. Agent's statement of resignation 10
8. Amendment of articles of incorporation 25
9. Restatement of articles of incorporation with
amendment of articles 25
10. Articles of merger or share exchange 100
11. Articles of dissolution 25
12. Articles of domestication 100
13. Articles of revocation of dissolution 25
14. Application for reinstatement following
administrative dissolution, in addition
to other fees and penalties due 100
15. Application for authority 150
16. Application for withdrawal 25
17. Annual report 45
18. Articles of correction 25
19. Application for certificate of good standing 10
20. Any other document required or permitted
to be filed by chapters 1 through 17
of this title 25
B. The commission shall collect a nonrefundable fee of twenty-five dollars each
time process is served on it under chapters 1 through 17 of this title. The party to a
proceeding causing service of process is entitled to recover this fee as costs if the
party prevails in the proceeding.
C. The commission shall charge and collect a reasonable fee for copying documents
on request, provided the fee does not exceed the cost of providing the service as
determined by the commission. The commission shall also charge a reasonable fee for
certifying the copy of a filed document, provided the fee does not exceed the cost of
providing the service as determined by the commission.
D. A penalty of one hundred dollars payable in addition to other fees accrues and
is payable if a foreign corporation fails to file an amendment, restated articles that
include an amendment, or articles of merger within sixty days of the time of filing in
the jurisdiction in which the corporation is domiciled. The penalty collected pursuant to
this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state
general fund.
E. One-third of the fees for the annual report of domestic and foreign corporations
paid pursuant to subsection A, paragraph 17 of this section shall be deposited in the
Arizona arts trust fund established by section 41-983.01 and two-thirds of these fees
shall be deposited, pursuant to sections 35-146 and 35-147, in the public access fund
established by section 10-122.01.
F. The commission shall provide for and establish an expedited service for the
filing of all documents and services provided pursuant to this title as follows:
1. The expedited filing shall be a priority service to be completed as soon as
possible after the documents are delivered to the commission.
2. In addition to any other fees required by this section or any other law, the
commission shall charge a nonrefundable fee for expedited services, including those
requested by fax. The fee shall be determined by a supermajority vote of the
commissioners.
3. The commission may provide for and establish same day and next day services for
the filing of any documents and services provided pursuant to this title as follows:
(a) The same day and next day services shall not be offered unless all expedited
services filed pursuant to this title are processed within a maximum of five business
days and all other documents and services filed pursuant to this title are processed
within a maximum of thirty business days.
(b) The commission shall suspend same day or next day service if the commission
determines that it does not have the necessary resources to perform the service within
the established time period.
(c) In addition to any other fees required by this section or any other law, the
commissioners may charge a nonrefundable fee for the same day or next day service or
both. The fee shall be determined by a supermajority vote of the commissioners.
4. The commission shall publicly post the current wait times for processing
regular, expedited and same day and next day services.
G. The commission may charge persons who access the commission's data processing
system that is maintained pursuant to section 10-122.01 from remote locations and persons
requesting special computer generated printouts, reports and tapes a reasonable fee that
does not exceed the cost of the time, equipment and personnel necessary to provide this
service or product as determined by the commission.
H. Except as provided in section 10-122.01, subsection B, paragraph 3, in addition
to any fee charged pursuant to this section, the commission may charge and collect the
following nonrefundable fees to help defray the cost of the improved data processing
system that is maintained pursuant to section 10-122.01:
1. Filing articles of incorporation of a domestic corporation, ten dollars.
2. Filing an application of a foreign corporation for authority to transact
business in this state, twenty-five dollars.
I. All monies received pursuant to subsections F, G and H of this section shall be
deposited, pursuant to sections 35-146 and 35-147, in the public access fund established
by section 10-122.01.
J. Fees charged pursuant to this section are exempt from section 39-121.03,
subsection A, paragraph 3.
K. Any person may advance monies to the commission to pay fees required pursuant to
this section for future filings and services. All monies received pursuant to this
subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the money on
deposit account in the public access fund established by section 10-122.01.
L. For the purposes of this section, "supermajority" means an affirmative vote of
at least four commissioners.
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