shares or on the holders thereof after the original subscription price or par value of such shares shall have been paid. 2117. Agent for Service of Process. All corporations organized under this chapter shall appoint a bona fide resident of this state, who has been a resident of this state for at least three years, its agent, upon whom all notices and processes, including service of summons, may be served, and when so served shall be deemed taken and held to be lawful personal service on such corporation. Such appointment of such agent shall be filed in the office of the corporation commission. Duty to appoint. It is the duty of the directors to appoint the agent, but an appointment made by the president and secretary, who are directors, instead of by the board, is a mere irregularity, and the corporation will be estopped to deny the legality of such appointment, and service upon the person so appointed is a good and legal service upon it. Big 4 Advertising Co. v. Clingan, 15 Ariz. 34, 135 Pac. 713. A director who does not join in such appointment cannot procure a dissolution on the ground that no agent has been legally appointed. Id. Service on the statutory agent is service on the corporation, though the return recites service upon him as defendant, and the return may be corrected after judgment. Lucky Boy Min. & M. Co. v. Moore, 23 Ariz. 291, 203 Pac. 556. 2118. Service on Corporation Commissioner. Whenever any corporation incorporated under the laws of this state does not have an officer or agent in this state, upon whom legal service or process can be made, of which the return thereof shall be prima facie evidence, an action or proceeding against such corporation may be commenced in the county where the state capitol is located, or in any county where the cause of the action or proceeding may arise or said corporation may own property; and service may be had upon such corporation by depositing a copy of the summons, writ or other process in the office of the corporation commission, which shall be taken, deemed and treated as personal service on such corporation. Provided, that whenever any summons, writ or other process against or affecting any such corporation is served upon the corporation commission, the same shall be by duplicate copies, one of which shall be filed in the office of the corporation commission, and the other by said corporation commission immediately mailed, postage prepaid, to the office of the corporation, or to the president, secretary or any director or officer of such corporation as may appear or be ascertained by the said corporation commission, from the articles of incorporation on file in his office. 2272. Papers to be Filed With Corporation Commission; Duties of Commission. That hereafter all articles of incorporation of corporations organized under the laws of this state, and certified copies of articles of incorporation of foreign companies transacting business in this state, and all appointments of statutory agents of such corporations now required to be filed in the office of the state auditor shall be filed in the office of the corporation commission in Phoenix, and all acts now required to be performed by the auditor of the state relating to the organization of such corporations or the transacting by them of business in this state, shall be performed by the corporation commission. 2273. Commission may Employ Clerks. That the corporation commission is hereby empowered to appoint such additional clerk or clerks in its office as may be necessary for the economical performance of the duties imposed by this chapter upon said corporation commission, at a salary to be fixed by said commission by and with the advice of the board of control, and the state auditor is hereby authorized and directed to draw his warrant upon the general fund of the state for such salary or salaries, and the state treasurer is hereby authorized and directed to pay the same. Salary of clerk. State auditor has no discretion to reject a claim for salary of a clerk appointed, and whose salary has been fixed by, the commission. Callaghan v. Boyce, 17 Ariz. 433, 153 Pac. 773. 2274. Fees; Annual Report (a) Every corporation organized under the laws of this state, and every foreign corporation doing business in this state, except purely charitable, social, fraternal, benevolent, and religious institutions, not used or held for profit, shall, during the month of June in each year, pay an annual registration fee of fifteen dollars, such fee shall be paid to the corporation commission, and shall be paid irrespective of any specific license or other tax imposed by law upon such corporation for the privilege of carrying on its business in this state or upon its franchises or property. (b) At the time of paying such registration fee, every such corporation, domestic or foreign, shall file with the said corporation commission a report subscribed and sworn to by its president and secretary showing: 1. Its assets, liabilities and accumulations. 2. The amount of its capital stock paid up and issued. 3. A statement showing in detail all property both real and personal owned, leased or controlled by the corporation, and in what place or places the same is situated, and the value thereof. (c) The corporation commission shall charge and collect in advance the following fees for the performance of the duties herein required: Filing articles of incorporation or certified copy thereof...$10.00 Filing annual report at the time of payment of regis tration fees Filing appointment of statutory agent. 5.00 5.00 For issuing certificate of filing articles of incorporation... 5.00 For issuing certificate of incorporation of companies organized under the laws of this state..... ... For copy of any document on file in the office of the corporation commission, not otherwise provided for, 20 cents per folio. 10.00 2.00 For affixing seal and certificate to copy... Annual registration fee of corporation as provided herein. 15.00 And the corporation commission shall on the first Monday of each month, deposit in the office of the state treasurer, all fees so collected, accompanied by an itemized and verified statement of said fees, without cost to the state, and such fees so deposited shall be placed in the general fund of the state. 2275. Effect of Former Filing of Papers With Auditor. All filings of all articles of incorporation, or certified copies thereof and appointments of statutory agents filed with the state auditor under the heretofore existing law, shall be considered a filing of said instruments with the corporation commission. All certificates of filing of articles of incorporation, or certified copies thereof, and all copies of any documents on file appertaining to corporations, and all receipts issued by the state auditor under the heretofore existing laws, shall be condemned and considered the act or acts of the corporation commission. 2276. Public Officer not to Act as Statutory Agent. All persons occupying state public offices are prohibited from acting as the statutory or resident agent for any corporation herein mentioned. Forfeiture for Failure to Pay Annual Registration or Report Filing Fee An act in relation to corporations; prescribing penalties for failure to comply with the corporation annual report and annual registration law; conferring authority upon the corporation commission in enforcement of the same; declaring void contracts entered into by corporations while delinquent under said law, and prescribing procedure to annul corporations failing to maintain standing according to law. Laws 1923, Chap. 36, p. 114 §1. Corporation Commission a Court. For the purpose of carrying out the provisions of this act, the corporation commission is hereby declared to be and shall be deemed a court of record of original jurisdiction. § 2. Complaint and Summons. Whenever any corporation has failed or hereafter shall fail for a period of two (2) years, to pay the annual state corporation registration fee or the annual report filing fee, or either or both such fees, as required by paragraph 2274 of the Revised Statutes of Arizona, 1913, Civil Code, or any act amendatory thereto, the corporation commission shall upon its own motion cause a complaint to be made before the corporation commission setting forth the failure of such corporation to pay the required fee or fees. Upon the filing of the complaint the commission shall have a summons issued. A copy of the complaint shall accompany the summons. The summons shall require the corporation named therein to appear and answer the complaint before the corporation commission within the time prescribed herein exclusive of the day of service, and shall state that if the corporation fails to appear and answer the said complaint judgment by default will be taken against it. The time in which summons shall require the corporation to answer the complaint shall be as follows: (1) If the corporation is a domestic corporation, twenty days. (2) If the corporation is a foreign corporation, thirty days. (3) If the corporation is an alien corporation, ninety days. Service of summons may be had in accordance with the provisions of the general laws of this state, and may be made personally or by mailing in a sealed envelope, registered, with postage prepaid. Whenever any corporation does not have an officer or agent in this state upon whom legal service of process can be made, the corporation commission will immediately mail such summons in a sealed envelope, registered, with postage prepaid, to the office of the corporation or to the president, secretary, or any director or officer of such corporation as may appear or be ascertained by the corporation commission from articles of incorporation or other papers on file in its office, or otherwise. If the corporation commission fails to find any officer or agent of such corporation upon whom process may be served in accordance with the provisions of this section, it shall cause such summons to be published in this state in a newspaper of general circulation in the county where the principal office of the corporation is located as shown. by the articles of incorporation or other papers on file in the office of the corporation commission, if such corporation is a domestic corporation, or in the county or counties in which the papers on file in the office of the corporation commission show that statutory agents were appointed, if such corporation is a foreign or alien corporation. Such publication shall be made for a period of two successive issues. Upon said publication being completed proof of publication shall be filed with the corporation commission by such newspaper. §3. When Cause at Issue. Whenever the time required to answer the summons of the commission shall have expired the cause shall be deemed at issue. § 4. Judgment on Default. Whenever the corporation served shall not have made answer within the required time judgment may be entered against it as herein provided. § 5. Calling Docket and Setting Case. On such days as may be fixed by the commission, the docket shall be called, and all causes at issue shall be set for hearing at such times as the commission may direct, or for good cause shown, the hearing of any cause shall be postponed. § 6. Judgment of Ouster; Reinstatement. Whenever the corporation commission after hearing shall find that any corporation has failed for a period of two (2) years to pay the annual registration fee as required by law, or to file the annual report as required by law, or either |