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The Adm 9050 form is an essential document used in California for the appointment of the Director of Motor Vehicles as an agent for service of process. When a principal is applying for a specific type of license, this form allows them to designate the DMV Director as the official person upon whom legal documents can be served. This appointment is crucial, as it ensures that a reliable and consistent point of contact exists for any legal matters that may arise, especially concerning claims related to violations of the California Vehicle Code. Should personal service not be possible, this form stipulates that the Director can be served on behalf of the principal, making the legal process smoother and more efficient. The agency created by this appointment remains valid as long as the principal’s license is in effect and maintains relevance even after the license expires as long as the principal can be held liable for any violations. The form also includes a section for notarization, confirming the identity of the principal, which adds an extra layer of authenticity and legal backing. This straightforward process aids both the principal and the DMV in navigating potential legal challenges effectively.

Adm 9050 Example

APPOINTMENT OF DIRECTOR AS AGENT

FOR SERVICE OF PROCESS

DMV USE ONLY

O l number

KNOW ALL MEN BY THESE PRESENTS: That I/We

 

PrInCIPAl’s True Full nAme(s) AnD DbA(s)

 

 

 

As Principal, who has applied for a license as a

 

, hereby appoint(s) the Director of Motor Vehicles

 

TyPe lICense

as principal’s true and lawful agent upon whom all process may be served in any action, or actions which may hereafter be commenced against said principal, arising out of any claim for damages suffered by any firm, person, association, organization, corporation or limited liability partnership, or company, by reason of the violation by said principal of any of the terms and provisions of the California Vehicle Code or any condition of the bond.

Principal further stipulates and agrees that, when personal service of process upon principal cannot be made in this State after due diligence, that service can be made upon the Director of Motor Vehicles. In the event of the Director’s absence from his/her office, that service can be made upon any employee of the State of California in charge of the Director’s office, and that such service of process shall be of the same legal force and effect as if served upon the principal personally.

The principal further stipulates and agrees that the agency created by said appointment shall continue for and during the period covered by any license that may be issued by the Department of Motor Vehicles, and so long thereafter as the principal may be made to answer in damages for a violation of the California Vehicle Code, or any condition of principal’s bond. The principal further agrees that for purposes of venue, whenever service is made upon the Director, the service shall be deemed to have been made upon principal in the county in which principal has or last had his/her established place of business.

IN WITNESS WHEREOF, the said principal has hereunto set his hand the

DATe

X

sIGnATure OF PrInCIPAl

NOTARY CERTIFICATE OF ACkNOwLEDGEMENT

Print

Clear Form

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate

is attached, and not the truthfulness, accuracy or validity of that document.

State of California

)

 

 

 

County of

 

 

)

 

 

 

On

 

 

before me,

 

 

,

personally appeared

 

 

 

who proved to me on the basis

of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

sIGnATure OF nOTAry

(seAl)

OR DMV/CHP OFFICER ACkNOwLEDGEMENT OF SIGNATURE

On this day,

 

, at this city,

 

 

I witnessed the signature of

the Principal, who based on satisfactory identification, executed under authorized capacity their

signature before me.

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.

DePArTmenT OFFICIAl nAme & TITle

*nOTe:

Officers and employees of the Department of motor Vehicles (DmV) and the Department of the California Highway Patrol (CHP) are, for the purposes of

this code, authorized to administer oaths and acknowledge signatures, for which no fee shall be charged.

CVC section 18

The instrument appointing the director as agent for the applicant for service of process shall be acknowledged by the applicant before a notary public. CVC sections 11102(a)(5)(C), CVC 11202(a)(6)(C), 11403(d), 11710(d)

ADm 9050 (reV. 7/2015) www

Form Characteristics

Fact Name Description
Purpose The ADM 9050 form serves to appoint the Director of Motor Vehicles as an agent for service of process, allowing legal documents to be served on the principal through the DMV.
Applicable Law This form is governed by provisions found in the California Vehicle Code, specifically CVC sections 11102(a)(5)(C), 11202(a)(6)(C), 11403(d), and 11710(d).
Execution Requirement The form must be acknowledged before a notary public to be valid. This ensures the signature's authenticity.
Service of Process If personal service cannot be made after due diligence, service can be executed on the Director of Motor Vehicles or any employee in charge of the office.
Continuity of Agency The appointment of the Director as agent continues as long as the principal may be liable for damages under the California Vehicle Code or their bond conditions.
Venue For purposes of venue, when service is made upon the Director, it is considered to have been made upon the principal in the county where they have or had their established business.
Document Version The ADM 9050 form was last revised in July 2015, and it is crucial to use the most updated version for compliance.

Guidelines on Utilizing Adm 9050

Completing the Adm 9050 form is a straightforward process. This form is essential for designating the Director of Motor Vehicles as your agent for service of process. To ensure your submission is successful, follow the outlined steps below carefully.

  1. Obtain the Form: Download the Adm 9050 form from the official DMV website or procure a physical copy from your local DMV office.
  2. Fill in Principal Information: In the designated area, write the full legal name(s) and any "Doing Business As" (DBA) names of the principal(s).
  3. Specify License Type: Identify the type of license for which you are applying by checking the appropriate box or providing the required information.
  4. Sign the Form: The principal must provide their signature in the section labeled "Signature of Principal." Ensure the date is also included.
  5. Notarization: The form must be acknowledged by a notary public. Present the signed form to a notary, who will verify your identity and complete the notary certificate included in the document.
  6. DMV/CHP Officer Acknowledgment: If applicable, have a Department of Motor Vehicles (DMV) or California Highway Patrol (CHP) officer acknowledge your signature as outlined in the form.
  7. Retain a Copy: After completing and signing the form, make a photocopy for your records before submitting the original to the DMV.
  8. Submit the Form: Submit the completed form in person at your local DMV office or via mail, depending on the submission guidelines provided by the DMV.

When you've completed these steps, the form will be ready for processing. This appointment allows for efficient handling of any legal actions against the principal in compliance with the California Vehicle Code.

What You Should Know About This Form

What is the purpose of the Adm 9050 form?

The Adm 9050 form is used to appoint the Director of Motor Vehicles as an agent for service of process. This means that if a lawsuit arises against a business or individual related to violations of the California Vehicle Code, legal notices can be delivered to the Director instead of the principal personally. It streamlines the process of serving legal documents, ensuring that they are received even if the principal cannot be contacted directly.

Who needs to fill out the Adm 9050 form?

How long does the appointment last?

The appointment of the Director of Motor Vehicles as an agent for service of process continues for the duration of the license issued by the DMV. It also remains in effect as long as the principal may be held liable for any damages linked to violations of the California Vehicle Code. This provides ongoing legal coverage for the principal, ensuring that they can be reached for any follow-up actions.

Is it mandatory to have the Adm 9050 form notarized?

Yes, the Adm 9050 form must be acknowledged before a notary public. This step is crucial as it verifies the identity of the person signing the document. Notarization adds a layer of authenticity, ensuring that the appointment is valid and legally binding. Without proper notarization, the form may not be accepted by the DMV.

What happens if the Director is unavailable?

If the Director of Motor Vehicles is absent when legal documents need to be served, the law allows for service to be made on any employee in charge of the Director's office. This ensures that there is always a reliable means of delivering important legal documents, even in the Director's absence, maintaining the legal process's integrity.

Common mistakes

Filling out the Adm 9050 form can be straightforward, but mistakes often occur. One common mistake is not providing the full legal name of the principal. This includes ensuring that any Doing Business As (DBA) names are also precisely stated. Incomplete names can lead to processing delays and potential legal issues.

Another frequent error involves the appointment of the Director of Motor Vehicles (DMV) as the agent for service of process. Some applicants forget to clearly state their intention for this appointment. The language needs to reflect that the DMV is the lawful agent for all processes—a vague or confusing statement might invalidate the appointment.

Many tend to miss the signature section entirely or fail to sign in the correct space. The principal's signature must be present, and it must match the name provided at the top of the form. Signatures that are unclear or do not conform to the printed names can raise questions about authenticity.

Additionally, failing to acknowledge the document before a notary public is a mistake that can prevent the form from being accepted. It is crucial to have a notary verify the identity of the signer. Without this step, the validity of the document comes into question.

Another common oversight is neglecting to date the form. Providing an execution date is important for record-keeping and legal purposes. Without a date, it may be difficult to ascertain when the agreement was formally created.

Applicants sometimes forget to indicate their type of license when filling out the form. This information is essential and should be accurately specified. Incomplete information can cause processing delays and potential rejection.

Finally, some individuals fail to keep a copy of the filled-out Adm 9050 form for their records. Having a copy provides proof of submission and can be essential in resolving any future disputes or questions regarding the appointment. Maintaining proper documentation is critical in legal matters.

Documents used along the form

The Adm 9050 form is a critical document that facilitates the appointment of the Director of Motor Vehicles as the agent for service of process. It is often used in conjunction with several other forms and documents that support the licensing and legal processes inherent to vehicle operations in California. Below are descriptions of six commonly associated forms that help ensure compliance and proper legal standing.

  • Application for Title or Registration (REG 343): This form is necessary for individuals seeking to register a vehicle or obtain its title in California. It collects essential details about the vehicle, the owner, and any lienholders.
  • Statement of Facts (REG 256): This document allows applicants to provide additional information relevant to the vehicle's registration. It is often used to clarify specific circumstances that may affect the registration process.
  • Power of Attorney (DS 10): A Power of Attorney is used by individuals to designate another person to act on their behalf concerning vehicle registration and transactions. This form is particularly useful for individuals unable to personally attend to their official business.
  • Vehicle/Vessel Transfer and Reassignment Form (REG 262): This form is essential for transferring ownership of a vehicle. It includes areas for both the current and new owners to provide their information, ensuring a clear chain of ownership.
  • Application for Replacement Title (REG 227): When a vehicle's title is lost or damaged, this form helps individuals request a replacement title. It provides a straightforward process for maintaining accurate ownership documents.
  • Certificate of Incorporation or Good Standing: For businesses applying for vehicle registration, this document verifies the entity's legal status. It assures that the business is compliant with state regulations and can operate legitimately.

These forms, when utilized alongside the Adm 9050, create a comprehensive framework that aids both individuals and businesses in navigating the regulatory landscape of vehicle operation in California. Understanding the interplay between these documents is vital for ensuring lawful compliance and streamlined administrative processes.

Similar forms

  • Power of Attorney: Similar to the Adm 9050 form, a Power of Attorney allows one individual to appoint another to act on their behalf, particularly in legal matters. Both documents enable representation in situations where direct communication may not occur.
  • Agent for Service of Process: This document functions similarly by designating a specific individual or agency to receive legal notifications. Like the Adm 9050, it outlines the authority granted to the agent to accept legal papers on behalf of the principal.
  • Business Registration Forms: Often required for starting a business, these forms can include similar elements, such as the appointment of an agent for service. Both documents aim to ensure that there is a reliable point of contact for legal matters concerning a business.
  • Liability Waivers: Although not exactly the same, liability waivers can include clauses similar to the stipulations in the Adm 9050. They both serve to protect an entity from being sued without proper legal notice, outlining agreed-upon terms and conditions.
  • Contracts: Contracts often encompass terms that define the parties involved and how they can act on each other’s behalf, akin to the authority granted in the Adm 9050. Both documents aim to formalize relationships and responsibilities.
  • Notary Acknowledgments: Similar in nature, these documents provide verification of a person's signature and identity, which is also required in the Adm 9050. Both are important for ensuring the authenticity of the appointed agent's authority and the agreement itself.

Dos and Don'ts

When filling out the Adm 9050 form, there are several important guidelines to follow. Here are nine essential dos and don’ts to ensure the process goes smoothly.

  • DO carefully read all instructions provided on the form before starting.
  • DON'T leave any required fields blank; incomplete information could delay processing.
  • DO use clear legible handwriting if completing the form by hand.
  • DON'T use abbreviations unless specifically allowed; full names and terms are preferred.
  • DO ensure that all signatures are completed where necessary, including the notary section.
  • DON'T forget to include any necessary identifying information, such as license type and business address.
  • DO keep a copy of the completed form for your records.
  • DON'T attempt to submit the form without verifying that all information is correct and complete.
  • DO seek assistance if you have questions about the form or your eligibility.

Following these guidelines can help prevent errors and ensure that your submission is successful.

Misconceptions

The Adm 9050 form often brings confusion to many. Here are ten common misconceptions and clarifications regarding this form:

  • Misconception 1: The Adm 9050 form is only necessary for businesses.
  • This form is required for both individuals and businesses that need to designate the Director of Motor Vehicles as their agent for service of process.

  • Misconception 2: Filling out the form automatically grants a license.
  • Completing the Adm 9050 form does not guarantee a license. It is merely a prerequisite for certain licenses.

  • Misconception 3: The form is optional if the principal lives in California.
  • The form is mandatory if the principal is applying for a specific type of license and needs to appoint an agent for service of process.

  • Misconception 4: The principal can serve documents personally.
  • Service of process must be made through the appointed agent, which is the Director of Motor Vehicles, in most circumstances.

  • Misconception 5: The form does not require notarization.
  • The Adm 9050 form must be acknowledged by a notary public to be valid.

  • Misconception 6: Once completed, the appointment is permanent.
  • This appointment lasts only as long as the license issued by the DMV. It may be revoked or changed as needed.

  • Misconception 7: The service of process can be delivered to any DMV location.
  • Service must be made specifically to the Director of Motor Vehicles or an authorized employee at their designated office.

  • Misconception 8: The Adm 9050 form can be filled out by anyone.
  • Only the principal or their authorized representative can complete and sign this form.

  • Misconception 9: The form is just a formality and has no legal implications.
  • The form carries significant legal weight. It establishes how and where legal documents may be served.

  • Misconception 10: The DMV processes this form instantly.
  • The processing time can vary. It may take time for the DMV to update its records after the form is submitted.

Key takeaways

Filing the ADM 9050 form is an important step for those applying for a license related to the California Vehicle Code. Here are some key takeaways to consider when filling out and using this form:

  • Purpose of the Form: The ADM 9050 form appoints the Director of Motor Vehicles as the agent for service of process on behalf of the principal.
  • Service of Process: This appointment means that if personal service cannot be made, legal documents can be served to the Director, which has the same legal effect as serving the principal.
  • Duration of Appointment: The appointment remains effective for the period covered by any license issued and continues as long as the principal may be held accountable for violations.
  • Specific Identification: The individual filling out the form must provide their true full name and details associated with the license application, ensuring clear identification.
  • Notary Requirement: A notary public must acknowledge the form, asserting that the identity of the person signing has been verified.
  • Venue Consideration: When service is made upon the Director, it is deemed to occur in the county where the principal has their established place of business.
  • No Fees Charged: Officers from the DMV and CHP can administer the necessary acknowledgements without charging fees, ensuring accessibility for applicants.

Understanding these points can facilitate a smoother application process and ensure compliance with California's vehicle laws.