Ariz. Admin. Code § R12-5-105 - Drafting, Terms, and Execution of Instruments and Contracts

A. Forms. All instruments and contracts issued by the Department shall be on forms prescribed by the Department.

B. Terms. All instruments and contracts shall contain such provisions, covenants, conditions, and restrictions as may be prescribed by the Department.

A.C. Process for execution of documents. Upon approval of an application, the Department shall mail out two unsigned, duplicate original copies of the document to be signed by the applicant. The applicant shall sign both duplicate originals of the document or instrument requiring signature in the same manner as the person's name appears of record with the Department or in the manner which the person is requesting the Department issue a new document or instrument. The applicant shall return both signed duplicate originals of the document or instrument to the Department. After execution by the Commissioner, one copy of the signed instrument shall be returned to the applicant.

D. Failure to execute document. If the Department offers out a contract for execution and an applicant does not execute and mail the contract, together with full payment as indicated by the included statement, within 60 days from the date of mailing by the Department, the application shall be deemed withdrawn; provided, however, that should the applicant object to an appraised rental value, they may appeal the appraisal as provided by law and the rules and regulations of the Department to the Board of Appeals of the State Land Department without prejudice to his rights to the offered contract.

B.E. If a document is executed for the benefit of:

1. One individual, the document shall be signed by that individual or by an authorized representative of the individual;

2. More than one individual, the document shall be signed by each individual or by the individual's authorized representative; or

3. A business entity or an association of any kind, the document shall be signed by an authorized representative of the entity or association.

Notes

Ariz. Admin. Code § R12-5-105

New Section made by final rulemaking at 11 A.A.R. 92, effective February 5, 2005 (Supp. 04-4). Amended by final rulemaking at 26 A.A.R. 3036, effective 1/5/2021. Amended by final rulemaking at 30 A.A.R. 2360, effective 8/19/2024.