The Wisconsin DFI Corp 113 C form is a critical document for unincorporated nonprofit associations within the state, detailing the appointment of an agent authorized to receive service of process. This form, mandated by Sec. 184.10 Wis. Stats, requires specific information such as the association's name, address, and the appointed agent's details to ensure legal integrity and accountability. By filling out this form, an unincorporated nonprofit association solidifies the necessary legal framework to operate within Wisconsin's regulatory environment.
The State of Wisconsin provides a structured avenue for unincorporated nonprofit associations to streamline their legal processes, specifically concerning the appointment of an agent through the DFI Corp 113 C Form, under Section 184.10 of the Wisconsin Statutes. This essential document, managed by the Department of Financial Institutions’ Division of Corporate and Consumer Services, facilitates these associations in designating an authorized individual to receive service of process on their behalf, essentially acting as a bridge for legal and formal communications. The form requires detailed information on the association’s name, which must conform to specific naming guidelines; the association’s and the agent’s addresses; and an acknowledgement by the appointed agent of their acceptance of this responsibility. Additionally, it offers an option to amend previous filings, ensuring that the record remains current and reflective of any changes to the appointment. To complete this procedure, a filing fee of $15 is mandatory, emphasizing the state’s effort to maintain a nominal cost for maintaining legal proprieties. The document is not only pivotal for the operational legitimacy and legal compliance of an unincorporated nonprofit association but also underscores the importance Wisconsin places on clear and accessible processes for these entities to navigate the complexities of legal documentation and representational duties.
Sec. 184.10 Wis. Stats.
State of Wisconsin
Department of Financial Institutions
Division of Corporate and Consumer Services
UNINCORPORATED NONPROFIT ASSOCIATION – APPOINTMENT OF
AGENT
1. Name of the unincorporated nonprofit association:
(Name must include the words “unincorporated association,” “unincorporated assoc.” or end with the
abbreviation “U.A.” or “UA”.)
2. Address of the association:
(including street name and number, if any, city, state and ZIP code)
3.Name and address of the person in this state authorized to receive service of process on behalf of the association:
Name:
Address:
(including street name and number, city in Wisconsin, and ZIP code)
4.The person named in this statement has accepted the appointment to act as agent to receive service of process on behalf of the association.
5.Check the box below if this statement amends a previously filed appointment of agent to receive service of process.
!This statement supersedes and takes the place of any original, amended or restated statement previously filed.
6. Date:
(Signature)
Title:
,
a person authorized to manage the affairs
of the association.
FILING FEE - $15.00 See instructions, suggestions and procedures on following page.
DFI/CORP/113-C(R2/10/03) Use of this form is mandatory.
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UNINCORPORATED NONPROFIT ASSOCIATION –
APPOINTMENT OF AGENT (sec. 184.10, Wis. Stats.)
▲ Your return address and phone number during the day: (
) ______ - ____________
INSTRUCTIONS
Submit statement to DEPARTMENT OF FINANCIAL INSTITUTIONS, Div. of Corporate & Consumer Services, P O Box 7846, Madison WI, 53707-7846, together with a $15 FILING FEE, payable to Dept. of Financial Institutions. Filing fee is non-refundable. If you want an acknowledgment copy of the filed statement, submit the document in duplicate and specify an address in the space above for its return. NOTICE: This form may be used to accomplish a filing required or permitted by statute to be made with the department. Information requested may be used for secondary purposes. If you have any questions, please contact the Division of Corporate & Consumer Services at 608-261-7577. Hearing-impaired may call 608-266-8818 for TDY.
Sec. 184.10, Wis. Stats., provides that an unincorporated nonprofit association may appoint a person as agent to receive service of process by filing a statement with the Department of Financial Institutions, using the form prescribed by the department.
1.Enter the name of the unincorporated nonprofit association.
2.Provide the address of the association, including street and number, if any. The address may be in Wisconsin or elsewhere.
3.Provide the name and address of the person designated by the association to receive service of process on its behalf. The address must reflect the agent’s physical location, i.e., street name, number, city in Wisconsin, and ZIP code.
4.This association must affirm that the registered agent has accepted the appointment to act as to receive service of process on behalf of the association.
5.If the statement is amending a statement previously filed, indicate that by marking (X) this item.
6.Enter the date the statement is signed, the title of the signer, and a signature. The statement is to be signed by a person who is authorized to manage the affairs of the unincorporated nonprofit association.
This form is not appropriate for use by an incorporated association. If the association is incorporated, request and file “Change of Registered Agent and/or Registered Office” as provided by the statutory chapter under which it is organized.
DFI/CORP113-CI(R2/10/03)
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When the time arrives for an unincorporated nonprofit association in Wisconsin to appoint an agent for the purpose of receiving service of process, the Wisconsin Dfi Corp 113 C form stands ready as the central tool for this requirement. Proper completion and filing of this form not only ensure compliance with Section 184.10 of the Wisconsin Statutes but also secure a designated channel through which the association can be reliably contacted in legal matters. It is paramount for the association to follow each step meticulously, understanding that this action fosters an orderly legal framework necessary for its operation within the state.
Once filled accurately, the form, accompanied by the $15 filing fee, should be sent to the Department of Financial Institutions, Division of Corporate & Consumer Services. For those desiring an acknowledgment copy, submitting the document in duplicate with a specified return address is necessary. This process, while procedural, ensures that the nonprofit association designates a reliable point of contact for all legal matters, a crucial step in maintaining its compliance and operational integrity within Wisconsin.
What is the purpose of the Wisconsin DFI Corp 113 C form?
The Wisconsin DFI Corp 113 C form serves a specific purpose for unincorporated nonprofit associations in the State of Wisconsin. Its primary role is to formally establish the appointment of an agent who is authorized to receive service of process on behalf of the association. This means that the designated agent is the official point of contact for legal documents, notices, and other legally significant materials. Completing and filing this form with the Department of Financial Institutions is a statutory requirement for unincorporated nonprofit associations that wish to appoint such an agent.
Who needs to sign the Wisconsin DFI Corp 113 C form?
The Wisconsin DFI Corp 113 C form must be signed by an individual who has the authority to manage the affairs of the unincorporated nonprofit association. This ensures that the appointment of the agent to receive service of process is made with the full consent and under the authorization of the nonprofit's management structure. The signature, along with the title of the signer, validates the form and signifies the association's compliance with the legal process of appointing an agent in the State of Wisconsin.
Is there a filing fee associated with the Wisconsin DFI Corp 113 C form?
Yes, there is a filing fee associated with the Wisconsin DFI Corp 113 C form, which amounts to $15.00. This fee is required when submitting the form to the Department of Financial Institutions and is non-refundable. Payment of the filing fee is an essential part of the application process for the appointment of an agent to receive service of process for unincorporated nonprofit associations. The fee supports the administrative costs associated with processing the form.
Can this form be used for incorporated associations?
No, the Wisconsin DFI Corp 113 C form cannot be used for incorporated associations. It is specifically designed and mandated for use by unincorporated nonprofit associations that wish to appoint an agent for service of process within the State of Wisconsin. Incorporated associations, on the other hand, are required to request and file a "Change of Registered Agent and/or Registered Office" form as governed by the statutory chapter under which they are organized. This distinct separation ensures that the specific legal and procedural requirements applicable to each type of entity are adequately met.
Filling out the Wisconsin Department of Financial Institutions (DFI) Corp 113 C form, concerning the Appointment of Agent for an Unincorporated Nonprofit Association, is a pretty straightforward task. However, mistakes can happen and they often do. Here are nine common errors people make on this form:
Understanding these common pitfalls and taking steps to avoid them will ensure a smoother and more efficient filing process. It is always beneficial to read through the form instructions carefully and double-check all entries before submission. Keeping a copy for your records is also a good practice. In case there are any questions or uncertainties, reaching out to the Division of Corporate & Consumer Services is advisable. Taking the time to accurately complete the Corp 113 C form is not only a matter of compliance but also a testament to the professionalism and integrity of your unincorporated nonprofit association.
When dealing with the administrative needs of an unincorporated nonprofit association in Wisconsin, completing and submitting the Wisconsin Dfi Corp 113 C form is a pivotal step. This form solidifies the appointment of an agent for service of process, ensuring that the association can be legally reached if necessary. However, this form is often just one of several documents needed to fully establish or maintain the operational and legal standing of an unincorporated nonprofit association. Below is a list of other common forms and documents that may be required or beneficial alongside the Dfi Corp 113 C form.
Together, these documents play a significant role in the functioning and legal compliance of an unincorporated nonprofit association. While the Dfi Corp 113 C form ensures the association can be served legally, the other documents help in the organization's governance, financial management, and transparency. It's important to consult with a legal advisor to understand the specific requirements and best practices for your association.
The Articles of Incorporation form is notably similar to the Wisconsin Dfi Corp 113 C form, primarily because it serves the foundational role of legally establishing an entity, in this case, a corporation. Like the 113 C form, it requires essential information about the organization, including its name, purpose, and the address of its principal office, as well as the name and address of the agent for service of process. Both documents necessitate a signature from an authorized individual, affirming the information provided and the intention to form a recognized legal entity under state law.
The Statement of Change of Registered Office and/or Registered Agent form shares similarities with the 113 C form by allowing an entity to update or change the appointed agent or the address where the agent can be served. The necessity of such a form arises from the importance of maintaining current and accurate information with the state to ensure proper service of process. Both forms facilitate a crucial aspect of legal compliance: ensuring that the entity can be reliably contacted or legally notified.
The Certificate of Assumed Name operates similarly to the 113 C form in that it is often used by entities to publicly declare a name under which they conduct business, other than their legal name. This form, much like the 113 C, requires filing with a state department and serves to inform the public and the state of a key aspect of an entity's identity. Both documents contribute to the legal framework within which entities operate, providing clarity and transparency in business dealings and legal processes.
The Nonprofit Corporation Annual Report form, while serving a different primary function, embodies a similar importance as the 113 C form in the lifecycle of a nonprofit entity. This form requires updates on crucial information about the nonprofit, including details about its registered agent, address, and management. Both forms are integral to maintaining an entity’s good standing with the state, ensuring that the public and the state have access to current and accurate information.
The Application for Certificate of Authority is another document akin to the 113 C form, particularly for out-of-state entities seeking to operate legally within a new state. This form typically requires comprehensive information about the entity, including the appointment of an in-state agent for service of process, mirroring the 113 C’s function for unincorporated associations. Both are critical for entities to gain and maintain legal recognition and the ability to conduct activities within a state’s jurisdiction.
The Business License Application is related, as it often necessitates information about the entity's legal structure, including the designation of an agent for service of process, similar to the 113 C form. Although primarily serving as a gateway for obtaining the necessary permissions to conduct business, the application contributes to a larger regulatory ecosystem, ensuring entities are appropriately registered and accountable.
The Limited Liability Company (LLC) Operating Agreement, while not a form filed with the state, often contains stipulations similar to those found in the 113 C form, such as provisions regarding the process for legal notices. This agreement governs the operations of an LLC and includes details on how official communications will be handled, emphasizing the importance of designating an individual or entity to receive service of process.
The Trademark Registration form, besides serving its primary role of protecting a brand or logo, requires the registrant to provide contact information that could include details about a designated agent for service of process. This similarity points to a common legal underpinning with the 113 C form: establishing a point of contact or representation for legal purposes, ensuring rights and responsibilities are safeguarded.
The Professional Licensing form, which professionals in various fields complete to legally offer their services, parallels the 113 C form through its requirement for personal information and potentially the naming of a receiving agent for official correspondence or legal service. Both types of documents are integral in delineating the boundaries of legal and professional engagement within the state, ensuring that individuals and entities are authorized and reachable.
When filling out the Wisconsin DFI Corp 113 C form, specific steps should be followed to ensure accuracy and compliance with the state's requirements. Here are some tips on what to do and what to avoid:
By following these guidelines, one can navigate the process of filing the DFI Corp 113 C form effectively, ensuring that the unincorporated nonprofit association complies with Wisconsin's legal requirements for designating an agent to receive service of process.
Understanding the Wisconsin DFI Corp 113 C form, a pivotal document for unincorporated nonprofit associations in Wisconsin, is crucial for these entities. However, there are several common misconceptions about this document and its requirements. Clarifying these misunderstandings can ensure that nonprofit associations comply with state laws and procedures effectively.
Misconception #1: Any type of association can use this form.
This form is specifically designed for unincorporated nonprofit associations. Incorporated associations must use a different form, as the Corp 113 C is not applicable to them. This distinction is essential for ensuring that the correct legal procedures are followed.
Misconception #2: The filing fee is refundable.
The filing fee associated with this form is strictly non-refundable. This is a common misunderstanding that can lead to incorrect budgeting assumptions within the association's financial planning.
Misconception #3: The form can be submitted without a fee.
Submission of the form requires a $15 filing fee payable to the Department of Financial Institutions. This cost is mandatory and must accompany the form for the filing to be processed.
Misconception #4: The agent’s address does not need to be in Wisconsin.
The designated agent's address must indeed be in Wisconsin, reflecting the agent’s physical location within the state, including street name and number, city, and ZIP code. This requirement ensures that service of process can be carried out effectively within the state's jurisdiction.
Misconception #5: Electronic signatures are acceptable.
The submission process requires a physical signature from a person authorized to manage the affairs of the association. Electronic signatures are not mentioned as acceptable in the instructions, highlighting the formality of the document submission process.
Misconception #6: Any association name is acceptable.
The name of the unincorporated nonprofit association must include specific wording such as "unincorporated association," "unincorporated assoc.," or the abbreviation "U.A." or "UA." This requirement is crucial for legal clarity and distinction.
Misconception #7: The form serves multiple purposes beyond appointing an agent.
The primary and sole purpose of this form is to appoint an agent authorized to receive service of process on behalf of the unincorporated nonprofit association. It is not designed for any other declarations or legal procedures related to the association.
Misconpliance #8: The statement once filed is permanent.
If the association needs to amend a previously filed appointment of an agent, this can be indicated in the document, and the new statement will supersede and replace any previously filed statements. This allows for changes as needed, giving flexibility to the associations.
In conclusion, understanding these key points and clarifying misconceptions about the Wisconsin DFI Corp 113 C form can help unincorporated nonprofit associations navigate their legal obligations more smoothly, ensuring compliance with state requirements.
When working with the Wisconsin Dfi Corp 113 C form, several key points should be understood for a smooth process:
For those needing to ensure their information is processed correctly, double-checking that all sections of the form are accurately completed and understanding each requirement can save time and prevent potential issues. It's also important to remember that this form can't be used by incorporated associations, which have a different process for appointing agents. Always ensure the correct form is used for the specific type of association to adhere to Wisconsin statutes.
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