Arizona Revised Statutes - Title 29, Chapter 1 - GENERAL PROVISIONS

Source: https://www.azleg.gov/arsDetail/?title=29 (official Arizona State Legislature site). Retrieved 2026-07-11. Section range: Sec: 29-101-29-104. 4 sections.

Index of included sections


Article 1 - Names of Trading Firms

29-101. Effect of name of trading firm upon liability of firm property for personal debts

If a person transacts business as a merchant or trader, using the word agent, factor, company, co., or words of like significance or import, and fails to disclose the name of other persons interested in the business by a sign in letters easy to read placed conspicuously at the place where the business is transacted, or if a person transacts business in his own name, without using the word agent, factor, company, co., or words of like significance or import, all the property, stock, money and choses in action used or acquired in the business, except property which is exempt from execution shall, as to the creditors of such person, be liable for his debts, and shall in all respects be treated in favor of his creditors as his property.


29-102. Certificate of name required for certain firms

A. Every partnership transacting business in this state under a fictitious name, or a designation not showing the names of the persons interested as partners in the business, shall record with the county recorder of the county in which the place of business is located a certificate stating in full the names of all members of the partnership and their place of residence, signed by the partners and acknowledged. A new certificate shall be recorded upon any change in the membership of the partnership.

B. Persons doing business contrary to this section may not maintain an action upon or on account of a contract or transaction made in the partnership name in any court of this state until they have first recorded the certificate required by this section.


29-103. Partnerships not required to record certificate

A. A partnership transacting business under a firm name or style which contains the surnames of all persons interested as partners, or one formed for the practice of law, is not required to record a certificate as required by section 29-102.

B. A commercial or banking partnership established and transacting business without the state under a name which is fictitious or does not show the names of the persons interested as partners may, without recording a certificate as required by section 29-102, use in this state the partnership name used by it without the state.

C. A domestic limited partnership which has filed or recorded a certificate of limited partnership under applicable laws may transact business under the name set forth in such certificate without recording a certificate as required by section 29-102.

D. A foreign limited partnership which has registered pursuant to section 29-349 may transact business in this state under the name set forth in such registration without recording a certificate as required by section 29-102.

E. A partnership that is engaged in this state in the practice of public accounting as certified public accountants and that complies with section 32-731 is not required to record a certificate as required by section 29-102.

F. A domestic limited liability partnership that is registered pursuant to section 29-1101 may transact business in this state under the name set forth in its registration without recording a certificate as required by section 29-102.

G. A foreign limited liability partnership that is registered pursuant to section 29-1106 may transact business in this state under the name set forth in its registration without recording a certificate as required by section 29-102.


29-104. Service of summons in actions against partners; judgment

A. Pursuant to subsections B and C of this section, in actions against partners, the summons and complaint may be served upon one partner, and such service shall authorize a judgment against the partnership and against the partner actually served.

B. In actions against a registered limited liability partnership, the statutory agent appointed by a registered limited liability partnership is an agent of the registered limited liability partnership on whom process, notice or demand that is required or permitted by law to be served on the registered limited liability partnership may be served. Service on the statutory agent is lawful personal service on the registered limited liability partnership. Service on the statutory agent authorizes a judgment against the registered limited liability partnership subject to the limitations of section 29-215, subsection B or section 29-1027.

C. If a registered limited liability partnership fails to appoint or maintain a statutory agent at the address shown on the records of the secretary of state, the secretary of state is an agent of the registered limited liability partnership on whom any process, notice or demand may be served. Service on the secretary of state of any process, notice or demand shall be made by delivering to and leaving with the secretary of state duplicate copies of the process, notice or demand. On receipt, the secretary of state shall immediately cause one of the copies of the process, notice or demand to be forwarded by mail, addressed to the registered limited liability partnership at its registered office.

D. The secretary of state shall keep a permanent record of all processes, notices and demands served on the secretary of state under this section and shall record in the record the time of each service and his action with reference to each service.