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Content Overview

In the complex landscape of nonprofit operations in Wisconsin, the Department of Financial Institutions (DFI) plays a crucial role in ensuring that unincorporated nonprofit associations are duly registered and accountable. With the Wisconsin DFI Corp 113 C form, specifically designed under Sec. 184.10 Wis. Stats., these associations are given a structured avenue to officially appoint an agent to receive service of process within the state. This critical procedure involves the disclosure of the association's name, which must denote its unincorporated status, and the address of both the association and the appointed agent. Additionally, the form requires a declaration from the designated agent, acknowledging their acceptance of this vital responsibility. Moreover, the option to amend a previously filed appointment highlights the form's flexibility in adapting to changes within the association's management structure. With a $15.00 filing fee, this mandatory form, complete with detailed instructions for submission, ensures that unincorporated nonprofit associations operate with certified agents, fortifying their legal presence within Wisconsin’s regulatory environment. Furthermore, the inclusion of specific instructions for those seeking acknowledgment of the filed statement underpins the state’s commitment to transparent and accessible record-keeping. Thus, the Wisconsin DFI Corp 113 C form serves as a cornerstone in the regulation and governance of unincorporated nonprofit associations in Wisconsin, fostering an organized and responsible sector.

Preview - Wisconsin Dfi Corp 113 C Form

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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Form Specifications

Fact Detail
Form Designation Wisconsin DFI Corp 113 C is designated for the Appointment of Agent for an Unincorporated Nonprofit Association.
Governing Law Governed by Section 184.10 of the Wisconsin Statutes (Wis. Stats.).
Mandatory Form Use Use of this form is mandatory for appointing an agent to receive service of process on behalf of the association.
Filing Fee There is a non-refundable filing fee of $15.00 associated with this form.
Amendment Process This form allows for the amendment of a previously filed appointment by marking the appropriate box and supersedes any prior filings.

Detailed Instructions for Using Wisconsin Dfi Corp 113 C

When it comes to the management of an unincorporated nonprofit association in Wisconsin, appointing an agent to receive service of process is a critical step. This procedure essentially involves selecting a designated person who will receive legal documents on behalf of the association. The State of Wisconsin Department of Financial Institutions provides a standardized form for this purpose, known as the Wisconsin DFI Corp 113 C. Completing this form with accuracy and attention is vital to ensure compliance with state requirements. Below are detailed steps that will guide you through the process of filling out the form.

  1. Start by entering the name of the unincorporated nonprofit association. Remember, the name must include "unincorporated association," "unincorporated assoc.," or end with "U.A." or "UA".
  2. Provide the complete address of the association. This includes the street name and number (if applicable), city, state, and ZIP code. It’s important to list an address where the association can reliably receive mail.
  3. Identify the name and address of the individual within Wisconsin who has agreed to act as the agent for the association. This is someone authorized to receive service of process. Ensure that the agent’s physical address is accurate, including the street name and number, city, and ZIP code in Wisconsin.
  4. Acknowledge that the agent named has accepted this responsibility. This is a confirmation that the individual is willing and able to act in this capacity for the association.
  5. If you are amending a previously filed appointment of agent, mark the designated checkbox to signal that this form serves as an update or correction to earlier information.
  6. Conclude by entering the date the document was filled out, the title of the person completing the form (indicating their role or authority within the association), and the required signature.

After completion, the form, along with the $15.00 filing fee, should be sent to the DEPARTMENT OF FINANCIAL INSTITUTIONS as directed. It's advisable to provide the form in duplicate if a filed statement acknowledgment is needed, ensuring to include a return address. By following these instructions carefully, you will successfully appoint an agent for your unincorporated nonprofit association, fulfilling a crucial legal requirement in the State of Wisconsin.

Listed Questions and Answers

What is the purpose of the Wisconsin DFI Corp 113 C form?

The Wisconsin DFI Corp 113 C form is designed for unincorporated nonprofit associations based in Wisconsin to officially appoint an agent who is authorized to receive service of process on their behalf. This ensures that, should there be any legal action against the association, there's a designated individual within the state who can accept legal documents. By filing this statement with the Department of Financial in the State of Wisconsin, an unincorporated nonprofit association formalizes the appointment of their agent, making it a matter of public record and ensuring compliance with Sec. 184.10 of the Wisconsin Statutes.

How do I file the form, and what is the cost?

To file the form, an unincorporated nonprofit association must submit it to the Department of Financial Institutithe Division of Corporate & Consumer Services, along with a filing fee of $15, which is non-refundable. The form and fee should be mailed to the specified address: P O Box 7846, Madison, WI 53707-7846. Payment should be made payable to the Department of Financial If you require an acknowledgment copy of the filed statement, you should submit the document in duplicate and provide a return address where the acknowledgment can be sent. Ensure that the information provided on the form is complete and accurate before submission to facilitate a smooth process.

Can you amend a previously filed appointment of agent with this form?

Yes, the Wisconsin DFI Corp 113 C form also serves to amend a previously filed appointment of an agent for receiving service of process. If there have been changes to the appointed agent's information or if you need to appoint a new agent, you can indicate this by checking the box on the form that specifies the statement is amending a previously filed one. This amendment supersedes and replaces any original, amended, or restated statement previously filed, making it the current valid document on record for the association's agent appointment.

What information is required when completing the form?

When completing the Wisconsin DFI Corp 113 C form, the association must provide specific information to ensure the accurate appointment of their agent. This includes the name of the unincorporated nonprofit association, with the required naming conventions; the address of the association, which may be within or outside Wisconsin; and the name and Wisconsin street address of the person designated as the agent to receive service of process. Additionally, the form must include an affirmation that the designated agent has accepted this responsibility. An authorized individual, who manages the affairs of the association, must sign and date the form, proving their authority to make such appointments on behalf of the association. Correctly filling out all sections of the form is crucial for its acceptance and the legal validity of the agent's appointment.

Common mistakes

Completing the Wisconsin DFI Corp 113 C form, which is necessary for unincorporated nonprofit associations in Wisconsin to appoint an agent for service of process, can look straightforward. However, people often make mistakes that can delay the processing of their form or even lead to its rejection. These mistakes can be easily avoided with careful attention to detail and a thorough understanding of the instructions provided.

First, a common mistake is not including the required phrase "unincorporated association" or the appropriate abbreviation within the name of the association. The form is specific about how an association's name should appear to clearly indicate its unincorporated status. This detail is easy to overlook but is essential for the form's acceptance.

Another frequent error is incorrect or incomplete address information. Both the address of the association and the address of the agent authorized to receive service of process must be complete, including the street name and number, city, state, and ZIP code. For the agent, especially, it’s crucial that their address is in Wisconsin and includes a physical location, not a P.O. Box.

Not affirming that the registered agent has accepted their appointment is also a mistake that can invalidate the form. It's not enough to simply name an agent; the form requires explicit confirmation that the person named has agreed to act as the agent for the association.

Forgetting to mark the statement as amending a previous filing can create confusion and inconsistency in the records. If the form is meant to update or replace a previously filed statement, the appropriate box must be checked to indicate this change clearly.

Signatures and dates are often the most overlooked sections, yet they are crucial. The form must be signed by someone authorized to manage the association's affairs, and the date of signing must be included. Failing to sign, dating incorrectly, or having an unauthorized person sign the form can all lead to its rejection.

Paying the wrong amount or not including the filing fee can also be problematic. The form specifies a $15 filing fee, which must accompany the document for it to be processed. Overlooking or misunderstanding this requirement can delay the entire process.

Lastly, not utilizing the form for its intended purpose — that is, appointing an agent for an unincorporated nonprofit association — is a mistake. This form is not suitable for incorporated associations, which have a different process for appointing agents. Making sure you are filling out the right form for your organization's status is crucial.

In summary, while filling out the Wisconsin DFI Corp 113 C form may seem simple, paying attention to details such as naming conventions, address completeness, affirmations of agent acceptance, correctly marking amendments, signatures, the filing fee, and using the correct form for your association's status are all essential steps to ensure the process goes smoothly.

Documents used along the form

When establishing or managing an unincorporated nonprofit association in Wisconsin, completing the Wisconsin DFI Corp 113 C form, which is used for appointing an agent to receive service of process on behalf of the association, is a crucial step. However, this is often one of several documents needed to ensure your organization is compliant, protected, and well-structured. Understanding what other forms and documents might be necessary can help streamline the process and ensure you're fully prepared for the responsibilities of running an unincorporated nonprofit association.

  1. Articles of Association: Although not required by law, creating Articles of Association provides a solid foundation for your organization. This document outlines the association's purpose, membership criteria, governance structure, and meeting procedures.
  2. Bylaws: Bylaws are essential for detailing the internal rules governing the association. These might include member rights, officer roles and responsibilities, meeting schedules, and the processes for making decisions.
  3. Conflict of Interest Policy: This policy is crucial for clarifying how potential conflicts of interest are identified, disclosed, and resolved to maintain trust and integrity within the association.
  4. Financial Policies: Implementing financial policies helps manage the association's finances responsibly. These policies can cover budgeting, reporting, audits, and other financial operations.
  5. Membership Application Forms: If your association plans to have members, creating a standardized membership application form is a practical way to gather essential information from prospective members.
  6. Annual Reports: While these may not be required for unincorporated associations, preparing and maintaining annual reports can help keep records of activities, financial transactions, and changes within the organization.
  7. Meeting Minutes: Keeping detailed records of what is discussed and decided in meetings is vital for transparency and accountability. Meeting minutes can also serve as a legal document when necessary.

Each of these documents plays a specific role in the health and organization of your unincorporated nonprofit association. Whether you're appointing a service agent with the Wisconsin DFI Corp 113 C form or outlining your association's financial policies, having a comprehensive set of documents can provide a roadmap for current operations and future growth. Remember, while some documents are necessary for legal compliance, others are best practices that can significantly benefit your association.

Similar forms

The Wisconsin Dfi Corp 113 C form shares similarities with the "Articles of Incorporation" document often filed by new corporations. Both serve as official filings with a state's Department of Financial Institutions or similar agency, establishing key operational details about an entity. The Articles of Incorporation typically include the corporation's name, purpose, registered agent for service of process, and the names of the incorporators, similar to how the 113 C form details the unincorporated association's name, address, and agent for service of process. This parallel structure is crucial for both entities to be recognized legally and to conduct activities within the state.

Another related document is the "Statement of Change of Registered Agent and/or Office by a Domestic Entity." Like the 113 C form, this document allows an entity to update the information regarding who and where legal papers can be served. Both documents are vital for maintaining current records with the state, ensuring that the entity can be reached for legal purposes. The primary similarity lies in their function to designate or update the agent's details, which is fundamental for an entity's compliance and legal protection.

The "Foreign Qualification" application is also akin to the Wisconsin Dfi Corp 113 C form. When businesses incorporate in one state but want to operate in another, they must file a Foreign Qualification. This application, like the 113 C form, often requires information about the business's registered agent in the new state, emphasizing the necessity of a local agent capable of receiving service of process. Though one pertains to domestic operations and the other to interstate, both underscore the importance of delineating responsibility for legal notices.

The "Nonprofit Corporation Annual Report" is yet another document bearing resemblance. Nonprofit organizations often must file annual reports with their state's regulatory body, detailing current operational and contact information, including the registered agent's details. Similarly to the 113 C form, this keeps the organization's public records up-to-date, ensuring they remain in good standing and can be contacted for official or legal reasons. The focus on current information about the agent and organization’s status is crucial in both filings.

The "Certificate of Formation" for limited liability companies (LLCs) parallels the 113 C form as well. This document formally registers the LLC with the state, including naming a registered agent for service of process—much like the 113 C form does for unincorporated nonprofit associations. Both documents legally establish an entity's foundational details with the state, ensuring they're recognized for statutory and operational purposes, with a clear point of contact for legal matters.

An "Amendment to Articles of Incorporation" document also shares similarities, allowing a corporation to update or change information previously filed, including the name of the registered agent. This mirrors the option within the 113 C form to amend a previously filed agent appointment. Both processes allow entities to maintain accurate and current details with the state, aligning with regulatory requirements and enhancing the entity's legal standing and operational continuity.

Lastly, the "Business License Application" shares a connection to the 113 C form. Many states require businesses to obtain a license to operate legally within their jurisdictions, necessitating the submission of detailed information about the business, including its registered agent. While serving distinct purposes—one for licensure and the other for appointing an agent—both documents compile vital data for state records, ensuring entities are accountable and reachable for official communication and compliance matters.

Dos and Don'ts

When filling out the Wisconsin DFI Corp 113 C form for the Appointment of Agent for an Unincorporated Nonprofit Association, there are several do's and don'ts that should be taken into consideration to ensure the process is completed accurately and effectively. Below is a list of suggested practices:

  • Do include the name of the unincorporated nonprofit association exactly as it is recognized officially, ensuring to add "unincorporated association," "unincorporated assoc.," "U.A.," or "UA" at the end.
  • Do provide the complete address of the association, which includes the street name and number (if applicable), city, state, and ZIP code.
  • Do ensure the person named as the agent authorized to receive service of process on behalf of the association has a physical address in Wisconsin that is accurately listed on the form.
  • Do verify that the appointed agent has accepted the role to act on behalf of the association before submitting the form.
  • Don't leave out any required fields blank. Each section should be reviewed and filled out to provide all necessary information.
  • Don't use the form to appoint an agent if the association is incorporated. This form is exclusively for unincorporated nonprofit associations.
  • Don't forget to include the $15 filing fee with the submission. Note that this fee is non-refundable.
  • Don't neglect to sign and date the form by a person who has the authority to manage the affairs of the association, ensuring the title of the signer is also included.

Following these guidelines can help to ensure that the process of appointing an agent for service of process is completed smoothly and without error. It's important to review the entire form for accuracy and completeness before submission to the Department of Financial Institutions.

Misconceptions

When it comes to the State of Wisconsin Department of Financial Institutions Division of Corporate and Consumer Services Unincorporated Nonprofit Association – Appointment of Agent, also known as Form DFI Corp 113 C, there are several misconceptions that are important to clarify. Understanding these aspects correctly is crucial for nonprofit organizations operating in Wisconsin. Here's a closer look at some common misunderstandings:

  • Misconception 1: Any association can use this form, regardless of its incorporation status.
  • This misunderstanding could lead to incorrect filings. The form is specifically designed for unincorporated nonprofit associations. Incorporated entities must use different documentation for the appointment of agents to receive service of process.

  • Misconception 2: There is flexibility in how the association's name can be presented.
  • The name of the association, as entered on the form, must include “unincorporated association,” “unincorporated assoc.,” or end with “U.A.” or “UA” to correctly identify its status as an unincorporated entity.

  • Misconception 3: The association's address can be anywhere.
  • While the form allows for the association's address to be in Wisconsin or elsewhere, the agent designated to receive service of process must have a Wisconsin street address, ensuring the association has a local point of contact for legal documents.

  • Misconception 4: The registered agent does not need to formally accept their appointment.
  • On the contrary, there must be an affirmation that the person named as the agent has accepted the appointment. This ensures that the agent is aware of the responsibility and agrees to undertake it.

  • Misconception 5: Any change requires a completely new form.
  • If there are amendments to a previously filed appointment, such as changing the agent, this can be indicated on the form itself rather than having to start from scratch. This simplifies updates.

  • Misconception 6: Electronic signatures are acceptable for this filing.
  • The form requires the date, a signature, and the title of the person signing to complete the appointment. Digital or electronic signatures are not mentioned, emphasizing the need for a traditional signature.

  • Misconception 7: Filing this form is optional for unincorporated nonprofit associations.
  • Appointing an agent to receive service of process by filing this specific statement with the Department of Financial Institutions is not just recommended but mandated by statute for unincorporated nonprofit associations in Wisconsin.

  • Misconception 8: The filing fee is refundable if the application is rejected.
  • The filing fee is non-refundable, regardless of the application's outcome. This emphasizes the importance of submitting the form correctly on the first attempt.

  • Misconception 9: The form can be submitted electronically to the Department of Financial Institutions.
  • The instructions specify that the completed form, along with the filing fee, should be submitted by mail. This suggests that electronic submissions are not currently an option for this particular document.

  • Misconception 10: This form is the only step required to fully register an unincorporated nonprofit association in Wisconsin.
  • While important, the Appointment of Agent form is just one part of compliance for unincorporated nonprofit associations. Other statutory requirements may apply, emphasizing the necessity of further actions beyond just this form.

Addressing these misconceptions is vital for ensuring that unincorporated nonprofit associations in Wisconsin meet their legal obligations correctly and efficiently. Stakeholders should familiarize themselves with the specifics of Form DFI Corp 113 C to avoid common pitfalls and ensure smooth operations.

Key takeaways

Here are nine key takeaways regarding filling out and using the Wisconsin DFI Corp 113 C form for an unincorporated nonprofit association:

  • It's essential to include "unincorporated association," "unincorporated assoc.," or the abbreviation "U.A" or "UA" in the name of the association when filling out the form.
  • The address provided for the association must be complete, including the street name and number, city, state, and ZIP code, whether it is located in Wisconsin or elsewhere.
  • A person authorized to receive service of process on behalf of the association in Wisconsin must be named, with their physical address in the state clearly indicated.
  • The person appointed to receive service of process must formally accept this role on behalf of the association.
  • An option is available to amend a previously filed appointment of an agent. This is done by marking the relevant section in the form.
  • The form requires a signature, date, and the title of the person authorized to manage the affairs of the unincorporated nonprofit association. This confirms the accuracy and authority of the provided information.
  • There is a mandatory $15 filing fee that must accompany the form. This fee is non-refundable.
  • If you need an acknowledgment copy of the filed statement, you must submit the document in duplicate and specify a return address.
  • This form is exclusively for unincorporated nonprofit associations. Incorporated associations must use a different form, titled “Change of Registered Agent and/or Registered Office,” according to their organizing statute.

It's important to carefully follow the instructions and provide accurate information to ensure the form is correctly filed. This will facilitate the legal and formal processes related to the operation of an unincorporated nonprofit association in Wisconsin.

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