GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	1
HOUSE BILL 1396
     

 
Short Title:	Fees for Corporate Certificate of Existence.	()	
Sponsors:	Representative Michaux.	
Referred to:	Finance.	
April 26, 2001

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH A FEE FOR CERTIFICATES OF EXISTENCE AND AUTHORIZATION FOR CORPORATIONS, NONPROFIT CORPORATIONS, AND LIMITED LIABILITY COMPANIES AND TO PROVIDE FOR CERTIFICATES OF EXISTENCE, CERTIFICATES OF AUTHORIZATION, AND FEES FOR THOSE CERTIFICATES FOR LIMITED LIABILITY PARTNERSHIPS AND LIMITED PARTNERSHIPS.

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 55‑1‑22(a)(25), 55A‑1‑22(a)(26), and 57C‑1‑22(a)(24) are repealed.
SECTION 2.  G.S. 55‑1‑28 is amended by adding a new subsection to read:
"(d)	The Secretary of State shall establish a reasonable fee, not to exceed fifteen dollars ($15.00), for furnishing a certificate of existence or certificate of authorization pursuant to this section. The establishment of the fee by the Secretary of State shall not be subject to the rulemaking procedures contained in Article 2A of Chapter 150B of the General Statutes. The amount of any fee received by the Secretary of State pursuant to this subsection that is in excess of five dollars ($5.00) shall not revert to the General Fund, but shall be used by the Secretary of State for the administration of Chapters 55, 55A, 55B, 57C, and 59 of the General Statutes. Monies received and spent pursuant to this subsection shall be subject to audit pursuant to the Executive Budget Act, Article 1 of Chapter 143 of the General Statutes."
SECTION 3.  Effective July 1, 2003, G.S. 55‑1‑28(d), as enacted in Section 2 of this act, reads as rewritten:
"(d)	The Secretary of State shall collect a fee of fifteen dollars  ($15.00) for furnishing a certificate of existence or certificate of authorization pursuant to this section.  The amount of any fee received by the Secretary of State pursuant to this subsection that is in excess of five dollars ($5.00) shall not revert to the General Fund, but shall be used by the Secretary of State for the administration of Chapters 55, 55A, 55B, 57C, and 59 of the General Statutes. Monies received and spent pursuant to this subsection shall be subject to audit pursuant to the Executive Budget Act, Article 1 of Chapter 143 of the General Statutes."
SECTION 4.  G.S. 55A‑1‑28 is amended by adding a new subsection to read:
"(d)	The Secretary of State shall establish a reasonable fee, not to exceed fifteen dollars ($15.00), for furnishing a certificate of existence or certificate of authorization pursuant to this section. The establishment of the fee by the Secretary of State shall not be subject to the rulemaking procedures contained in Article 2A of Chapter 150B of the General Statutes. The amount of any fee received by the Secretary of State pursuant to this subsection that is in excess of five dollars ($5.00) shall not revert to the General Fund, but shall be used by the Secretary of State for the administration of Chapters 55, 55A, 55B, 57C, and 59 of the General Statutes. Monies received and spent pursuant to this subsection shall be subject to audit pursuant to the Executive Budget Act, Article 1 of Chapter 143 of the General Statutes."
SECTION 5.  Effective July 1, 2003, G.S. 55A‑1‑28(d), as enacted in Section 4 of this act, reads as rewritten:
"(d)	The Secretary of State shall collect a fee of fifteen dollars  ($15.00) for furnishing a certificate of existence or certificate of authorization pursuant to this section.  The amount of any fee received by the Secretary of State pursuant to this subsection that is in excess of five dollars ($5.00) shall not revert to the General Fund, but shall be used by the Secretary of State for the administration of Chapters 55, 55A, 55B, 57C, and 59 of the General Statutes. Monies received and spent pursuant to this subsection shall be subject to audit pursuant to the Executive Budget Act, Article 1 of Chapter 143 of the General Statutes."
SECTION 6.  G.S. 57C‑1‑28 is amended by adding a new subsection to read:
"(d)	The Secretary of State shall establish a reasonable fee, not to exceed fifteen dollars ($15.00), for furnishing a certificate of existence or certificate of authorization pursuant to this section. The establishment of the fee by the Secretary of State shall not be subject to the rulemaking procedures contained in Article 2A of Chapter 150B of the General Statutes. The amount of any fee received by the Secretary of State pursuant to this subsection that is in excess of five dollars ($5.00) shall not revert to the General Fund, but shall be used by the Secretary of State for the administration of Chapters 55, 55A, 55B, 57C, and 59 of the General Statutes. Monies received and spent pursuant to this subsection shall be subject to audit pursuant to the Executive Budget Act, Article 1 of Chapter 143 of the General Statutes."
SECTION 7.  Effective July 1, 2003, G.S. 57C‑1‑28(d), as enacted in Section 6 of this act, reads as rewritten:
"(d)	The Secretary of State shall collect a fee of fifteen dollars  ($15.00) for furnishing a certificate of existence or certificate of authorization pursuant to this section.  The amount of any fee received by the Secretary of State pursuant to this subsection that is in excess of five dollars ($5.00) shall not revert to the General Fund, but shall be used by the Secretary of State for the administration of Chapters 55, 55A, 55B, 57C, and 59 of the General Statutes. Monies received and spent pursuant to this subsection shall be subject to audit pursuant to the Executive Budget Act, Article 1 of Chapter 143 of the General Statutes."
SECTION 8.  Article 3B of Chapter 59 of the General Statutes is amended by adding a new section to read:
"§ 59-84.5.  Certificate of existence.
(a)	Anyone may apply to the Secretary of State to furnish a certificate of existence for a domestic registered limited liability partnership or a certificate of authorization for a foreign limited liability partnership.
(b)	A certificate of existence or authorization shall set forth all of the following:
(1)	The domestic registered limited liability partnership's name or the foreign limited liability partnership's name used in this State.
(2)	That (i) the domestic registered limited liability partnership is duly registered under the law of this State and the date of its registration; or (ii) that the foreign limited liability partnership is registered to transact business in this State.
(3)	That the registration of the domestic registered limited liability partnership or foreign limited liability partnership has not been suspended for failure to comply with Subchapter I of Chapter 105 of the General Statutes, The Revenue Act, and that the registration of the limited liability partnership has not been revoked.
(4)	That its most recent annual report required by G.S. 59-84.4 either has been delivered to the Secretary of State or is not delinquent.
(5)	That its registration has not been withdrawn.
(6)	Other facts of record in the office of the Secretary of State that may be requested by the applicant.
(c)	Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the Secretary of State may be relied upon as conclusive evidence that the domestic or foreign limited liability partnership has registered as required by this Chapter.
(d)	The Secretary of State shall establish a reasonable fee, not to exceed fifteen dollars ($15.00), for furnishing a certificate of existence or certificate of authorization pursuant to this section. The establishment of the fee by the Secretary of State shall not be subject to the rulemaking procedures contained in Article 2A of Chapter 150B of the General Statutes. The amount of any fee received by the Secretary of State pursuant to this subsection that is in excess of five dollars ($5.00) shall not revert to the General Fund, but shall be used by the Secretary of State for the administration of Chapters 55, 55A, 55B, 57C, and 59 of the General Statutes. Monies received and spent pursuant to this subsection shall be subject to audit pursuant to the Executive Budget Act, Article 1 of Chapter 143 of the General Statutes."
SECTION 9.  Effective July 1, 2003, G.S. 59‑84.5(d), as enacted in Section 8 of this act, reads as rewritten:
"(d)	The Secretary of State shall collect a fee of fifteen dollars  ($15.00) for furnishing a certificate of existence or certificate of authorization pursuant to this section.  The amount of any fee received by the Secretary of State pursuant to this subsection that is in excess of five dollars ($5.00) shall not revert to the General Fund, but shall be used by the Secretary of State for the administration of Chapters 55, 55A, 55B, 57C, and 59 of the General Statutes. Monies received and spent pursuant to this subsection shall be subject to audit pursuant to the Executive Budget Act, Article 1 of Chapter 143 of the General Statutes."
SECTION 10.  Part 2 of Article 5 of Chapter 59 of the General Statutes is amended by adding a new section to read:
"§ 59-206.3.  Certificate of existence.
(a)	Anyone may apply to the Secretary of State to furnish a certificate of existence for a domestic limited partnership or a certificate of authorization for a foreign limited partnership.
(b)	A certificate of existence or authorization shall set forth all of the following:
(1)	The domestic limited partnership's name or the foreign limited partnership's name used in this State.
(2)	That (i) the domestic limited partnership has filed a certificate of limited partnership under the law of this State and the date the certificate of limited partnership was filed; or (ii) that the foreign limited partnership is authorized to transact business in this State.
(3)	That the domestic limited partnership or foreign limited partnership has not been suspended for failure to comply with Subchapter I of Chapter 105 of the General Statutes, The Revenue Act.
(4)	That its registration has not been cancelled.
(5)	Other facts of record in the office of the Secretary of State that may be requested by the applicant.
(c)	Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the Secretary of State may be relied upon as conclusive evidence that the domestic or foreign limited partnership has registered as required by this Chapter.
(d)	The Secretary of State shall establish a reasonable fee, not to exceed fifteen dollars ($15.00), for furnishing a certificate of existence or certificate of authorization pursuant to this section. The establishment of the fee by the Secretary of State shall not be subject to the rulemaking procedures contained in Article 2A of Chapter 150B of the General Statutes. The amount of any fee received by the Secretary of State pursuant to this subsection that is in excess of five dollars ($5.00) shall not revert to the General Fund, but shall be used by the Secretary of State for the administration of Chapters 55, 55A, 55B, 57C, and 59 of the General Statutes. Monies received and spent pursuant to this subsection shall be subject to audit pursuant to the Executive Budget Act, Article 1 of Chapter 143 of the General Statutes."
SECTION 11.  Effective July 1, 2003, G.S. 59‑206.3(d), as enacted in Section 10 of this act, reads as rewritten:
"(d)	The Secretary of State shall collect a fee of fifteen dollars  ($15.00) for furnishing a certificate of existence or certificate of authorization pursuant to this section.  The amount of any fee received by the Secretary of State pursuant to this subsection that is in excess of five dollars ($5.00) shall not revert to the General Fund, but shall be used by the Secretary of State for the administration of Chapters 55, 55A, 55B, 57C, and 59 of the General Statutes. Monies received and spent pursuant to this subsection shall be subject to audit pursuant to the Executive Budget Act, Article 1 of Chapter 143 of the General Statutes."
SECTION 12.  G.S. 10A‑4 reads as rewritten:
"§ 10A‑4.  Commissioning.
(a)	Except as provided in subsection (c) of this section, the Secretary shall commission as a notary any qualified person who submits an application in accordance with this Chapter.
(b)	A person qualified for a notarial commission shall meet all of the following requirements:
(1)	Be at least 18 years of age.
(2)	Reside or work in this State.
(3)	Satisfactorily complete a course of study that is approved by the Secretary and consists of not less than three hours nor more than six hours of classroom instruction provided by community colleges throughout the State, unless the person is a licensed member of the Bar of this State.
(4)	Purchase and keep as a reference a manual approved by the Secretary that describes the duties, authority, and ethical responsibilities of notaries public.
(5)	Submit an application containing no significant misstatement or omission of fact. The application form shall be provided by the Secretary and be available at the register of deeds office in each county. Every application shall bear the signature of the applicant written with pen and ink, and the signature shall be acknowledged by the applicant before a person authorized to administer oaths. The applicant shall also obtain the recommendation of one publicly elected official in North Carolina whose recommendation shall be contained on the application.
(6)	 Pay a nonrefundable fee in an amount established pursuant to subsection (f) of this section.
(c)	The Secretary may deny an application for commission or recommission as a notary if any of the following applies to the applicant:
(1)	The applicant has been convicted of a crime involving dishonesty or moral turpitude.
(1a)	The applicant has been convicted of a felony and the applicant's rights have not been restored.
(2)	The applicant has had a notarial commission or professional license revoked, suspended, or restricted by this or any other state.
(3)	The applicant has engaged in official misconduct, whether or not disciplinary action resulted.
(d),  (e) Repealed by Session Laws 1998‑228, s. 3.
(f)	The Secretary of State shall establish a reasonable fee, not to exceed fifty dollars ($50.00), for applications submitted under this section. The establishment of the fee by the Secretary of State shall not be subject to the rulemaking procedures contained in Article 2A of Chapter 150B of the General Statutes. The amount of any fee received by the Secretary of State pursuant to this subsection that is in excess of thirty dollars ($30.00) shall not revert to the General Fund, but shall be used by the Secretary of State for the administration of this Chapter. Monies received and spent pursuant to this subsection shall be subject to audit pursuant to the Executive Budget Act, Article 1 of Chapter 143 of the General Statutes."
SECTION 13.  Effective July 1, 2003, G.S. 10A‑4(f), as enacted in Section 12 of this act, reads as rewritten:
"(f)	The Secretary of State shall  collect a fee of fifty dollars  ($50.00) for applications submitted under this section.  The amount of any fee received by the Secretary of State pursuant to this subsection that is in excess of thirty dollars ($30.00) shall not revert to the General Fund, but shall be used by the Secretary of State for the administration of this Chapter. Monies received and spent pursuant to this subsection shall be subject to audit pursuant to the Executive Budget Act, Article 1 of Chapter 143 of the General Statutes."
SECTION 14.  Sections 3, 5, 7, 9, 11, and 13 of this act become effective July 1, 2003.  The remainder of this act becomes effective October 1, 2001.