Affidavit of Efforts to Locate Written Appointment (Petition to Enjoin)

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Affidavit of Efforts to Locate Written Appointment (Petition to Enjoin)

Form CM 227 is an affidavit used in the Delaware Court of Chancery in which petitioners state they could not locate the written document appointing an agent for a principal. Fill it out online on FillingPDF and download or print the PDF.

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CM227 is the Affidavit of Efforts to Locate Written Appointment (Petition to Enjoin), a form of the Delaware Courts' Court of Chancery. In it, the petitioner or petitioners swear that, despite reasonable diligence, they could not find the written document appointing a named agent for the Principal. The form lists the steps taken to look for the document and is signed under penalty of perjury; no notary is needed. On this page you can fill out the form online on FillingPDF and download or print the completed PDF. The official PDF is published by the Delaware Courts.

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What is CM 227?

Affidavit of Efforts to Locate Written Appointment (Petition to Enjoin), Form CM 227, is a sworn statement used in the Court of Chancery of the State of Delaware in which petitioners confirm they could not locate the written document that appoints an agent for a principal.

The form is captioned "In the matter of" the Principal and carries a C.M. number, so it belongs to a specific matter before the Court of Chancery. It has four numbered paragraphs. Paragraph 1 states that the petitioner or petitioners, after exercising reasonable diligence, have been unable to find the written document appointing the named Agent as agent for the Principal. Paragraph 2 gives the approximate date the document was created. Paragraph 3 lists the efforts made to get a copy: asking the Principal, asking the Agent, asking other interested parties, searching the Principal's known records and effects, or another effort described in writing. Paragraph 4 promises to notify the Court within 10 days if the document is later located.

The printed form states that, under Court of Chancery Rule 178B, the notary requirement is waived. Instead, each signer declares under penalty of perjury under the laws of Delaware that the statements are true and correct. The form has one signature section for the petitioner and one for any co-petitioner. The revision printed on the form is Rev. 08/2025.

Who needs to file CM 227?

The main group is the petitioner or petitioners in a Court of Chancery matter who cannot find the written document appointing an agent for the Principal and need to say so under oath. The form speaks in the first person ("I/We, ... petitioner(s) in the above matter"), so it is completed by the petitioner.

  • Petitioner: completes the paragraphs and signs the petitioner signature section.
  • Co-petitioner: if there is more than one petitioner, any co-petitioner signs in the separate co-petitioner signature section, with their own date and printed name.

The affidavit only fits a situation where reasonable diligence has failed to turn up the document. The form states that you will notify the Court within 10 days if you later find it. The form does not describe any representative signing for a petitioner. A notary is not needed: the form says the requirement is waived under Court of Chancery Rule 178B.

When to file CM 227

The triggering event is that you, as petitioner, have been unable after reasonable diligence to locate the written document appointing the Agent. You complete the affidavit once those efforts have been made, because paragraph 3 asks you to record them. The form prints no filing deadline of its own.

After signing, paragraph 4 sets one time limit: if you later locate the document or documents, you will notify the Court within 10 days.

How to fill out CM 227

  1. Enter the case caption

    Under "In the matter of," write the name of the Principal, and enter your Court of Chancery case number on the C.M. # line.

  2. Name the petitioner and the Agent

    In paragraph 1, enter your name (or names) after "I/We," and the name of the Agent in the bracketed [Name of the Agent] space.

  3. Give the approximate creation date

    In paragraph 2, write the date on or about which you believe the appointing document was created.

  4. Check your efforts to find it

    In paragraph 3, check every box that applies: asking the Principal, asking the Agent, asking other interested parties, or searching the Principal's known records and effects.

  5. Describe any other efforts

    If you checked Other:, describe the effort on the two lines below it. Leave them empty if you did not check that box.

  6. Read the notice commitment

    Paragraph 4 states that you will notify the Court within 10 days if you later locate the document. No entry is needed, but confirm you accept it.

  7. Complete the petitioner signature section

    Enter the date and your printed name, then sign. The printed form says the notary requirement is waived under Court of Chancery Rule 178B.

  8. Complete the co-petitioner section

    If there is a co-petitioner, that person enters their own date and printed name and signs in the second signature section.

  9. Review and download the PDF

    Check the case number, names, date and checked boxes. Download or print the completed PDF from FillingPDF and file it with the Court of Chancery as described under How to submit.

How to submit CM 227

The form names no filing address, portal or fee. It is captioned for the Court of Chancery of the State of Delaware and carries the C.M. number of your matter, so it belongs with that matter. Ask the Court of Chancery how it accepts filings for your case.

The Delaware Courts publish this form with their other Court of Chancery forms at https://courts.delaware.gov/forms/list.aspx. Sign it yourself; the printed form says the notary requirement is waived under Court of Chancery Rule 178B, and each signer declares under penalty of perjury that the statements are true.

FillingPDF lets you fill out and download the PDF; submission follows the channels of the Court of Chancery.

Common mistakes to avoid

  • Leaving the C.M. # blank, so the affidavit is not tied to the Court of Chancery matter.
  • Not entering the Agent's name in paragraph 1 or the Principal's name in the caption.
  • Skipping the date in paragraph 2 instead of giving the approximate date the appointment was created.
  • Checking none of the boxes in paragraph 3, or checking efforts you did not make; the form asks you to check all that apply.
  • Checking Other: without writing the effort on the lines provided.
  • Forgetting that the form promises notice to the Court within 10 days if the document is later found.
  • Leaving the date, printed name or signature blank in the signature section.
  • Leaving out the co-petitioner's own signature section when there is more than one petitioner.

Frequently asked questions

What is CM227?

CM227 is Form CM 227, the Affidavit of Efforts to Locate Written Appointment (Petition to Enjoin), of the Delaware Court of Chancery. Petitioners use it to state under penalty of perjury that, after reasonable diligence, they could not find the written document appointing an agent for the Principal.

Does the CM227 affidavit need to be notarized?

No. The printed form says that, pursuant to Court of Chancery Rule 178B, the notary requirement is waived. Each signer instead declares under penalty of perjury under the laws of Delaware that the foregoing is true and correct.

Can I fill out CM227 online?

Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file anything with the Court of Chancery; you file the completed form through the court's own channels.

What efforts can I list on the CM227 affidavit?

Paragraph 3 lists four: asking the Principal for a copy, asking the Agent, asking other interested parties, and searching the Principal's known records and effects. Check all that apply, and use the Other: lines to describe any additional effort.

What if I find the written appointment after signing?

Paragraph 4 says you will notify the Court within 10 days if you subsequently locate the document or documents. The form does not describe how to give that notice, so ask the Court of Chancery how it wants to receive it.

Who signs the CM227 affidavit?

The petitioner signs the first signature section, with date and printed name. If there is a co-petitioner, that person signs in the separate co-petitioner section. Both declare under penalty of perjury under the laws of Delaware that the statements are true.

What goes on the C.M. # line of the CM227 form?

Enter the case number of your matter before the Court of Chancery. The form is captioned "In the matter of" the Principal and uses the C.M. # to tie the affidavit to that matter.

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