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The Dbo 260 165 form, also known as the Consent to Service of Process, serves a vital role for businesses and individuals in California under the Corporate Securities Law of 1968. This form allows entities organized in California, such as corporations, partnerships, or limited liability companies, to designate the Commissioner of Financial Protection and Innovation as their authorized representative for receiving legal documents. By signing this form, the undersigned grants the Commissioner the authority to accept service of any lawful process related to noncriminal suits, actions, or proceedings. This includes actions that may arise after the form has been filed, ensuring that legal notices can be effectively delivered even if the entity itself is not available to receive them. Once completed, it is crucial for the form to be properly dated and notarized, indicating the signatory’s acknowledgment of their capacity to execute the document. Additionally, the undersigned must provide an address for the service of notice and a copy of any process, reinforcing the form's primary function of maintaining clear lines of communication during legal proceedings. Understanding the nuances involved in the Dbo 260 165 form is essential for ensuring compliance with state securities laws and protecting legal rights.

Dbo 260 165 Example

STATE OF CALIFORNIA – DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION

CONSENTFPI TO SERVICE OF PROCESS1-20

D –260.165 (Revision 2009, No. 39) (Rev. 1 )

TO THE COMMISSIONER OF FINANCIAL PROTECTION

AND INNOVATION OF THE STATE OF CALIFORNIA KNOW ALL MEN BY THESE PRESENTS:

That the undersigned, _______________________________________ (a corporation,

partnership or limited liability company organized under the laws of the State of

________________________),

OR

____________________________________________________ (an individual),

OR

_____________________________________________________ (other entity),

hereby irrevocably appoints the Commissioner of Financial Protection and Innovation of the State of California, or the Commissioner's successor in office, to be the undersigned's attorney to receive service of any lawful process in any noncriminal suit, action or proceeding against the undersigned, or the undersigned's successor, executor, or administrator which arises under the Corporate Securities Law of 1968 or any rule or order thereunder after this consent has been filed, with the same force and validity as if served personally on the undersigned.

For the purpose of compliance with the Corporate Securities Law of 1968 of the State of California, notice of the service and a copy of the process should be sent by registered or certified mail to the undersigned at the following address:

____________________________________________________________________________________

(Name and Address)

Dated: _________________________, _________.

__________________________________

__________________________________

[Insert name of corporation, partnership, limited liability company or other entity]

By _____________________________

Title ____________________________

OR

[Insert name of individual]

________________________________

STATE OF CALIFORNIA – DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION

CONSENTFPI- TO SERVICE OF PROCESS1-20

D 260.165 (Revision 2009, No. 39) (Rev. 1 ) Page 2 of 2

State of California___________________)

County of _________________________)

On __________________________ before me, ___________________________________,

(Name of Notary)

personally appeared ________________________________________________________________

(Here, insert Name and Title of the Officer)

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 ____________________________

(Seal)

Any certificate of acknowledgement taken in another place shall be sufficient in the State of California if it is taken in accordance with the laws of the place where the acknowledgment is made.

Form Characteristics

Fact Name Description
Governing Law The form is governed by the Corporate Securities Law of 1968 of the State of California.
Purpose This form allows entities to appoint the Commissioner of Financial Protection and Innovation as an agent for service of process in noncriminal suits.
Entities That Can Use This Form Corporations, partnerships, limited liability companies, and individuals can use this form.
Filing Requirement This form must be filed to ensure proper notification in case of legal proceedings.
Date of Execution The form requires a date to be written in the designated area, confirming when it was signed.
Notarization A notary public must acknowledge the execution of the form to validate it.
Mailing Requirement Notice of service and a copy of the legal process must be sent to the address provided by registered or certified mail.

Guidelines on Utilizing Dbo 260 165

Completing the Dbo 260 165 form is an essential process for certain entities in California. After obtaining the necessary information and ensuring all signatures are gathered, the next step involves submitting the completed form to the appropriate authorities.

  1. Download the Form: Obtain the Dbo 260 165 form from the California Department of Financial Protection and Innovation website or other official sources.
  2. Fill in the Entity Information: In the first blank space, write the complete name of your corporation, partnership, or limited liability company. If it is an individual or other entity, indicate that in the corresponding sections.
  3. Provide the State of Incorporation: Specify the state under which your entity is organized in the next blank space.
  4. Designate an Attorney: Confirm that you are irrevocably appointing the Commissioner of Financial Protection and Innovation as your attorney for service of process.
  5. Address Section: In the designated area, provide the complete mailing address where notice of service should be sent. Make sure this address is accurate and up to date.
  6. Date the Document: Write the date you are completing the form in the format: month, day, year.
  7. Sign the Form: The authorized individual must sign the form. If representing an entity, include the name of the person and their title.
  8. Notarization: Next, arrange for a notary public to witness the signing. The notary will fill in their information, confirming that they have verified the identity of the signatory.
  9. Obtain the Notary Seal: Ensure that the notary provides their official seal on the form to validate the notarization.
  10. Review for Completeness: Before submission, double-check that all sections of the form are filled out correctly and that all required signatures and the notary seal are present.
  11. Submit the Form: Send the completed form to the designated office as outlined in the instructions provided by the California Department of Financial Protection and Innovation.

What You Should Know About This Form

What is the DBO 260 165 form?

The DBO 260 165 form is a legal document used in the state of California. It serves as a consent form for the Commissioner of Financial Protection and Innovation to act as an attorney for service of process. This means that the Commissioner can receive legal documents on behalf of a corporation, partnership, limited liability company, or individual involved in proceedings under California's Corporate Securities Law of 1968.

Who needs to fill out the DBO 260 165 form?

Organizations or individuals that are seeking compliance with California's Corporate Securities Law may need to complete this form. If you're a corporation, partnership, or other entity registered in California, or even an individual under certain circumstances, this form is essential for designating the Commissioner as your representative for receiving legal notices.

How do I complete the DBO 260 165 form?

To fill out the form, start by providing the name of your organization or yourself, depending on the entity type. Specify your jurisdiction of organization and the address where you wish to receive notices. You'll also need to date the form, sign it, and include your title if applicable. Finally, the form must be notarized to ensure its validity.

Is notarization required for the DBO 260 165 form?

Yes, notarization is a crucial step in the process. It verifies that the signatures on the form are legitimate and that the individual signing has the authority to do so. Without proper notarization, the form may not be accepted, potentially leading to delays in service of process.

What happens after I submit the DBO 260 165 form?

Once the DBO 260 165 form is submitted to the Commissioner of Financial Protection and Innovation, it becomes effective immediately. The Commissioner is then authorized to receive service of legal documents on your behalf. It's wise to ensure you receive notification by registered or certified mail following any service, as required by the form.

Where do I send the completed DBO 260 165 form?

Your completed DBO 260 165 form should be sent to the Department of Financial Protection and Innovation. Make sure to keep a copy for your records, and consider obtaining proof of mailing for your own assurance.

Are there any fees associated with submitting the DBO 260 165 form?

Typically, there are no direct fees associated with filing the DBO 260 165 form itself. However, if you seek assistance from legal counsel or notaries during this process, there may be associated costs. Always check for any updates directly from the Department of Financial Protection and Innovation for the most current practices.

Can I revoke the consent given in the DBO 260 165 form?

Yes, while the consent given by filling out the DBO 260 165 form is typically irrevocable once filed, you can formally revoke it by submitting another document that clearly states your desire to do so. It’s essential to ensure proper communication with the Commissioner’s office regarding such changes to avoid any confusion regarding your service of process agent.

How often should I update the DBO 260 165 form?

Updating the DBO 260 165 form is advisable whenever there are significant changes to your organization's information, such as a change in address, name, or structure. Regularly reviewing the information ensures that your legal communications reach the correct entity, thus preventing potential legal complications.

Common mistakes

Filling out the Dbo 260 165 form can be a straightforward process, but many individuals and businesses make common mistakes that can lead to unnecessary delays or issues. One frequent error is failing to properly identify the type of entity completing the form. It’s crucial to clearly state whether the form is being submitted by a corporation, partnership, limited liability company, or an individual. Leaving this section blank or misidentifying the entity type can invalidate the form.

Another mistake concerns the address section. Participants often forget to include the complete address where notices should be sent. This oversight can result in missed communications, making it harder to track important legal information. Ensure that every line of the address is filled out completely and accurately.

Many also neglect to pay attention to the date on the form. This date should reflect when the consent is signed and submitted. Providing an incorrect or outdated date can lead to confusion regarding the timeline of legal processes. Always double-check the date before submission.

Signature issues are quite common as well. Individuals sometimes fail to sign the document altogether or forget to provide their title if representing an entity. An unsigned form is not valid and will not be processed. Additionally, those signing as representatives must indicate their title to clarify their authority to act on behalf of the entity.

It's important to note that notaries play a significant role in the process. Some individuals mistakenly believe a notary is not necessary, but the form requires a notary's acknowledgement. Forgetting to have the document notarized can hinder the submission process. Always ensure that the form is accompanied by a proper notarization when required.

Lastly, many overlook the need for proper compliance with the Corporate Securities Law of 1968 in California. Without understanding the implications of the form, signers might not be aware of their obligations under the law. Familiarizing oneself with the law's requirements can prevent complications in the future. Taking time to carefully review these aspects can help ensure a smoother experience with the Dbo 260 165 form.

Documents used along the form

When dealing with the DBO 260.165 form, there are several other important documents that can complement it. Each of these documents serves a critical role, ensuring that the entire process runs smoothly. Below is a list of commonly used forms that you should be aware of.

  • DBO 260.140 – Application for a Permit to Offer and Sell Securities: This form is essential for businesses looking to sell securities in California. It provides the necessary information for regulatory review and must be completed accurately to initiate the approval process.
  • DBO 260.161 – Notice of Exempt Offering of Securities: If your offering qualifies for exemption from registration under California law, this form lets the California Department of Financial Protection and Innovation know about the offering. It helps maintain transparency and ensures compliance with state regulations.
  • DBO 260.162 – Request for Hearing: Should disputes arise regarding the denial of an application or a regulatory action, this document is used to formally request a hearing. It outlines the reasons for the appeal and sets the stage for a more detailed review of the situation.
  • DBO 260.170 – Annual Report for Issuers: Companies that have successfully sold securities must file this report annually. It provides updates on the company's financial status and operations, helping ensure ongoing compliance with California's financial laws.

Understanding these accompanying documents can empower individuals or businesses navigating the complexities of financial regulations. By staying informed and organized, you can facilitate a more straightforward compliance process while fostering transparency in your financial dealings.

Similar forms

  • Form I-9 (Employment Eligibility Verification): This document verifies the identity and employment authorization of individuals hired for employment in the U.S. Similar to the Dbo 260 165, it requires accurate completion and may necessitate notarization in some cases.
  • Form W-9 (Request for Taxpayer Identification Number): Used by individuals and entities to provide their taxpayer identification number to certain parties, this form also serves a similar purpose in representing the interests of the filer to comply with U.S. regulations.
  • Power of Attorney (POA): A POA allows one individual to authorize another to act on their behalf, similar to appointing the Commissioner as the attorney in the Dbo 260 165 for legal matters.
  • Certificate of Incorporation: This document establishes a corporation's formation and grants it legal standing, like how the Dbo 260 165 gives official notice of consent for legal process.
  • Articles of Organization: For LLCs, these are necessary to formally create the entity, mirroring how the Dbo 260 165 signifies the company's legal presence in California.
  • Non-Disclosure Agreement (NDA): An NDA protects sensitive information shared between parties, similar to how the Dbo 260 165 protects the interests and rights of the entity by allowing designated legal representation.

Dos and Don'ts

When filling out the Dbo 260 165 form, there are several key points to keep in mind to ensure accurate submission.

  • Do provide complete and accurate information in all sections of the form.
  • Do use clear handwriting or type the information to ensure legibility.
  • Do sign and date the form once all information is correctly filled out.
  • Do make sure to include a valid address for service of process.
  • Don't leave any fields blank unless specified as optional.
  • Don't alter or modify the form in any way that could obscure its content.
  • Don't forget to check for required signatures from authorized persons.
  • Don't submit the form without making a copy for your records.

Following these guidelines will help facilitate the processing of your form without issues.

Misconceptions

Understanding the Dbo 260 165 form is critical for anyone involved in corporate legal matters within California. However, several misconceptions often arise regarding its purpose and use. Here is a breakdown of these misunderstandings.

  • Misconception 1: The Dbo 260 165 form only applies to corporations.
  • This form is not exclusive to corporations. Partnerships, limited liability companies (LLCs), and individuals can also use it. It is crucial for any legal entity operating in California to recognize its applicability.

  • Misconception 2: Filing the form is optional for businesses.
  • Many believe that they can choose whether or not to file the Dbo 260 165 form. However, if operating as a corporation, partnership, or LLC in California, filing this form is a requirement for compliance under the Corporate Securities Law of 1968.

  • Misconception 3: The form only serves as a notification mechanism.
  • While it does notify the commissioner of service of process, it also serves as an official appointment of the commissioner as an agent to receive legal documents. This means that the commissioner can accept legal notices on behalf of the entity, which is more than just an alert.

  • Misconception 4: Once filed, the Dbo 260 165 form remains valid indefinitely.
  • This form does not last forever. Entities must update or refile the form if there are changes, such as a change in address or entity structure. Keeping this form current is essential for ensuring legal communications reach the right parties.

  • Misconception 5: All processes can be served through this form.
  • This form specifically addresses non-criminal suits. While it facilitates the service of process for civil matters, it does not apply to criminal actions. Understanding the limitations of this form is key to navigating legal situations effectively.

By dispelling these misconceptions, stakeholders can ensure compliance and better navigate the legal landscape in California. Awareness of the importance of the Dbo 260 165 form is a vital part of corporate governance.

Key takeaways

Utilizing the Dbo 260 165 form is essential for entities operating within California's financial regulatory framework. Here are 10 key takeaways to consider when filling out and using this form:

  • Purpose of the Form: The Dbo 260 165 form provides consent for the Commissioner of Financial Protection and Innovation to receive legal documents on behalf of the entity.
  • Who Needs to Fill It Out: Corporations, partnerships, limited liability companies, and individuals who are subject to California's Corporate Securities Law must complete this form.
  • Irrevocability: Once submitted, the consent to appoint the Commissioner as the attorney for service of process cannot be revoked.
  • Validity of Service: Service of process on the Commissioner has the same legal effect as if it were made directly to the entity involved.
  • Notification Address: It's important to provide a correct mailing address where the entity can receive notices and copies of processes related to legal actions.
  • Notarization Requirement: The form must be notarized to validate the identity of the signer, ensuring authenticity and compliance.
  • Use Official Titles: When filling out the form, always include the official title of the individual signing on behalf of an entity.
  • Filing Instructions: Submit the completed form to the appropriate office of the Department of Financial Protection and Innovation in California.
  • Legal Implications: Understand that utilizing this form indicates agreement to comply with the Corporate Securities Law, which may have serious legal ramifications.
  • Deadline Awareness: There are typically no statutory deadlines associated with submitting this form, but timely completion is advisable to avoid complications.

Being informed and meticulous in completing the Dbo 260 165 form can greatly benefit entities and individuals conducting financial business in California. Each step in this process is vital, so taking the necessary time and care is essential.