A. Any person may submit a development application for a public report, a certificate of authority, or a special order of exemption, provided the applicant has a recorded ownership interest in the land, such as a deed, option, beneficial interest in a trust, or other recorded interest approved by the Commissioner. The application for a public report or certificate of authority shall contain the following information, as applicable:
- 1. The name of the development or cemetery, as shown on the recorded map, and the marketing name or names if one will be used;
- 2. The list of the lots to be offered, including the description of the sales offering;
- 3. The name, address, telephone number, and email address, if any, of the applicant; and
- 4. The applicable information in this Article, Parts A and B.
B. If the applicant is a corporation, the application shall contain the following information:
- 1. A current Certificate of Good Standing from the Arizona Corporation Commission;
- 2. A corporate resolution or other formation document, identifying the person or persons authorized to discuss, negotiate, and sign the application on behalf of the corporation; and
- 3. The name, address, and email address of each officer, director, and shareholder controlling or holding more than 10% of the issued and outstanding common shares, or 10% of any other proprietary, beneficial, or membership interest in the entity.
C. If the applicant is a partnership, the application shall contain the following information:
- 1. A copy of all partnership agreements;
- 2. Proof of registration with the Secretary of State if any partnership is a limited partnership, foreign or domestic;
- 3. If the general partner is a corporation, the information requested in subsection (B);
- 4. If the general partner is a limited liability company, the information requested in subsection (D); and
- 5. The name, address, and email address of each partner in the partnership.
D. If the applicant is a limited liability company, the application shall contain the following information:
- 1. A copy of the current Articles of Organization;
- 2. A copy of the current operating agreement and any amendments;
- 3. If not included in the operating agreement or Articles of Organization, a copy of the company resolution signed by all members stating whether management of the limited liability company is established as manager-controlled or member-controlled and the name of the member or manager appointed to act on behalf of the company and sign the application;
- 4. The name, address, and email address of each member, manager, and managerial employee, and the name and address of any person controlling or holding more than 10% of the membership interest in the limited liability company;
- 5. If a member is a corporation, the information requested in subsection (B);
- 6. If a member is a partnership, the information requested in subsection (C).
- E. If the applicant is a trust, the application shall contain the name, address, and email address of each trustee, beneficiary, and anyone in control of the trust.
- F. If the applicant is a subsidiary corporation, the application shall contain the name, address, and appropriate contact information for an individual within the parent corporation.
Historical Note
Section R4-28-A1201 adopted by final rulemaking at 5 A.A.R. 650, effective February 3, 1999 (Supp. 99-1). Amended by final rulemaking at 31 A.A.R. 4267 (November 7, 2025), effective December 13, 2025 (Supp. 25-4).