reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 04 - CORPORATIONS DIVISION › Section .0300 - FILING OF DOCUMENTS › Section 04 .0315 - REPEALED - FILING PURSUANT TO G.S. 55-164.1

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
				  Repeal Eff. July 1, 1990 For a Period of 180 Days to Expire on December 27,
				  1990;
Authority
				  G.S.
				  55-164.1;
Eff. February 1,
				  1976;
Repealed Eff. February 1,
				  1991.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 04 - CORPORATIONS DIVISION › Section .0300 - FILING OF DOCUMENTS › Section 04 .0316 - FORM FOR ANNUAL REPORT

Current through Register Vol. 39, No. 2, July 15, 2024
A corporation filing its annual report in order to comply
				  with G.S.
				  55-16-22 or a limited liability company
				  filing an annual report pursuant to
				  G.S.
				  57C-2-23 shall use the annual report form
				  promulgated by the Secretary of State. Exact copies of the annual report form
				  provided by the Corporations Division may be made and used to satisfy the
				  annual filing requirement. However, annual reports with formats different from
				  the form prescribed by the Corporations Division shall not be accepted for
				  filing.
Authority
				  G.S.
				  55-1-21;
				  55-16-22;
				  55D-5;
				  57D-1-21;
				  57D-1-30;
				  57D-2-24;
				  59-84.4;
				  59-210;
Eff. February
				  1, 1991;
ARRC Objection Lodged June 21, 1990;
Temporary
				  Adoption Eff. July 1, 1990 For a Period of 180 Days to Expire on December 27,
				  1990;
ARRC Objection Removed August 20, 1990;
Amended
				  Eff. March 1, 1996;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 20,
				  2015.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 04 - CORPORATIONS DIVISION › Section .0300 - FILING OF DOCUMENTS › Section 04 .0317 - AUTHORIZATION OF CORRECTIONS ON DOCUMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
A document that is submitted to the Corporations Division for
				  filing but rejected because it does not satisfy the requirements of Chapter 55,
				  55A, 57C, or 59 may be corrected by the examiner in charge of examining the
				  document provided that the examiner is authorized by the person submitting the
				  document to make the correction. Upon receiving such authorization, the
				  examiner shall obtain and record by memorandum the following
				  information:
(1) the name of the
				entity to which the document relates;
(2) the type of document;
(3) the name of the person authorizing the
				correction;
(4) the name of the
				person or entity represented by the person authorizing the
				correction;
(5) the instructions
				received by the examiner making the correction;
(6) the time, date, and manner of the
				authorization, including a telephone number by which the person authorizing the
				correction may be reached; and
(7)
				the name of the examiner making the correction.
The memorandum of authorization shall be retained by the
				  Division with the original of the document so corrected. Upon request, a copy
				  of the memorandum of authorization shall be furnished to any person desiring
				  one.
Authority
				  G.S.
				  55D-5;
				  55D-15;
				  57D-1-20;
				  57D-1-30;
				  59-206;
Temporary
				  Adoption Eff. November 10, 1995;
Eff. March 1, 1996;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 20,
				  2015.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 04 - CORPORATIONS DIVISION › Section .0300 - FILING OF DOCUMENTS › Section 04 .0318 - AUTHORIZATION OF FOREIGN PROFESSIONAL CORPORATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
A foreign professional corporation (as defined in
				  G.S.
				  55B-16(b)) shall submit with
				  its application for a certificate of authority to transact business in this
				  State a written certification by the applicant corporation to the effect that
				  such corporation meets the definitional requirement of a "foreign professional
				  corporation" as set forth in
				  G.S.
				  55B-16(b).
Authority
				  G.S.
				  55-1-30;
				  55B-3;
				  55B-16;
				  55D-5;
				  57D-2-02;
				  57D-7-03;
Temporary
				  Adoption Eff. November 10, 1995;
Eff. March 1, 1996;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 20,
				  2015.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 04 - CORPORATIONS DIVISION › Section .0400 - CERTIFICATIONS › Section 04 .0401 - DOCUMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Copies of
				documents filed with respect to a limited liability company may be certified as
				its articles of organization only if such copies begin chronologically with the
				articles of organization, the latest restated articles of organization, or the
				latest articles of amendment or articles of merger purporting to rewrite the
				articles of organization in their entity. If requested, the copies to be
				certified as the limited liability company's articles of organization shall
				include only such beginning document, all subsequent articles of amendment, and
				all subsequent articles of merger. If not otherwise requested, copies to be
				certified as the articles of organization shall begin chronologically with the
				latest restatement and shall include all subsequent documents on
				file.
(b) Copies of documents filed
				with respect to corporations subject to the provisions of Chapter 55 or Chapter
				55A may be certified as the articles of incorporation of such corporation only
				if such copies begin chronologically with the articles of incorporation or
				other documents of incorporation, the latest restated articles of
				incorporation, or the latest articles of amendment or articles of merger
				purporting to rewrite the corporation's articles of incorporation in their
				entirety. If requested, the documents requested to be so certified shall
				include only such beginning document, all subsequent articles of amendment, and
				all subsequent articles of merger. If not otherwise requested, such documents
				to be certified shall begin chronologically with the latest restated or
				rewritten articles of incorporation and shall include all related documents
				subsequently filed.
(c) When
				certification of a certificate of limited partnership of a domestic limited
				partnership or a certificate of authority of a foreign limited partnership is
				requested, such certification shall include the original certificate of limited
				partnership or certificate of authority and all amendments or changes
				thereto.
Authority
				  G.S.
				  55-1-30;
				  55-1-40(1);
				  55-10-07(e);
				  55A-1-30;
				  55A-1-40(1);
				  55A-10-06(f);
				  55D-5;
				  57D-1-30(2);
				  57D-2-23(d);
				  59-206;
Eff. February
				  1, 1976;
ARRC Objection Lodged June 21, 1990;
Temporary
				  Amendment Eff. July 1, 1990 For a Period of 180 Days to Expire on December 27,
				  1990;
ARRC Objection Removed August 20, 1990;
Amended
				  Eff. March 1, 1996; February 1, 1991;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 20,
				  2015.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 04 - CORPORATIONS DIVISION › Section .0400 - CERTIFICATIONS › Section 04 .0402 - CERTIFICATION OF FACTS/CERTIFICATE OF EXISTENCE/AUTHORIZATION

Current through Register Vol. 39, No. 2, July 15, 2024
No certification of facts, certificate of existence, or
				  certificate of authorization shall contain information relating to more than
				  one corporation or limited liability company unless such information pertains
				  to a merger to which such corporations or limited liability companies were
				  parties.
Authority
				  G.S.
				  55-1-28;
				  55A-1-28;
				  55D-5;
				  57D-1-24;
				  59-209;
Eff. February
				  1, 1976;
ARRC Objection Lodged June 21, 1990;
Temporary
				  Amendment Eff. July 1, 1990 For a Period of 180 Days to Expire on December 27,
				  1990;
ARRC Objection Removed August 20, 1990;
Amended
				  Eff. March 1, 1996; February 1, 1991; September 1, 1988;
Pursuant
				  to G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 20,
				  2015.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 04 - CORPORATIONS DIVISION › Section .0500 - CORPORATE NAME › Section 04 .0501 - GENERAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Secretary
				of State expressly reserves the right pursuant to
				G.S.
				55-4-01,
				G.S.
				55A-4-01,
				G.S.
				55-15-06,
				G.S.
				55A-15-06,
				G.S.
				57C-2-30,
				G.S.
				57C-7-06,
				G.S.
				59-103, or any other applicable statute, to
				reject filing of any document conferring a corporate, limited liability
				company, or limited partnership name, if he determines that such name is
				contrary to law.
(b) When a
				corporation applies to the Secretary of State for authorization to use a name
				which is not distinguishable upon his records from a name used, reserved, or
				registered by another entity, and provides the consent of the other entity to
				such use, the undertaking required of the consenting entity shall consist of
				the consenting entity's amendment to the appropriate document filed with the
				division effecting a change of that entity's name to a name distinguishable on
				the records of the Secretary of State from the name sought to be used by the
				applying entity.
Authority
				  G.S.
				  55D-5;
				  55D-20;
				  55D-21;
				  57D-2-21(a)(2);
				  57D-7-03(a)(1);
				  59-103;
Eff. February
				  1, 1976;
ARRC Objection Lodged June 21, 1990;
Temporary
				  Amendment Eff. July 1, 1990 For a Period of 180 Days to Expire on December 27,
				  1990;
ARRC Objection Removed August 20, 1990;
Amended
				  Eff. March 1, 1996; February 1, 1991;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 20,
				  2015.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 04 - CORPORATIONS DIVISION › Section .0500 - CORPORATE NAME › Section 04 .0503 - DECEPTIVELY SIMILAR AND DISTINGUISHABLE NAMES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Designations of entities, such as "company", "co.", limited", "ltd.",
				"corporation", "corp.", "incorporated", "inc.", "professional association",
				"p.a.", "limited liability company", "L.L.C.", "professional limited liability
				company", and "limited partnership" shall be disregarded in determining if a
				proposed entity name is distinguishable upon the records of the Secretary of
				State, provided that such words appear at the end of the proposed entity name.
				Such words shall not be disregarded in such determination when they appear in
				the body, rather than at the ending, of the proposed entity name.
(b) Articles, conjunctions, prepositions,
				punctuation, spaces, and the substitution of an Arabic numeral for a word shall
				be disregarded in determining whether a proposed entity name is distinguishable
				upon the records of the Secretary of State or otherwise permissible for use in
				a proposed entity name.
Authority
				  G.S.
				  55D-5;
				  55D-20;
				  55D-21;
				  55D-22;
				  57D-1-30;
				  57D-2-21(a)(2);
				  59-103;
Eff. February
				  1, 1976;
ARRC Objection Lodged June 21, 1990;
Temporary
				  Amendment Eff. July 1, 1990 For a Period of 180 Days to Expire on December 27,
				  1990;
ARRC Objection Removed August 20, 1990;
Amended
				  Eff. March 1, 1996; February 1, 1991;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 20,
				  2015.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 04 - CORPORATIONS DIVISION › Section .0500 - CORPORATE NAME › Section 04 .0504 - FILING FICTITIOUS OR ASSUMED NAME FOR FOREIGN ENTITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				foreign corporation, limited liability company, or limited partnership whose
				name contains a word which is prohibited by statute or by Rule .0502 of this
				Chapter shall agree to use an assumed or fictitious name as a condition of the
				issuance of a certificate of authority to transact business in this
				State.
(b) A foreign entity which
				has been granted authority to transact business in this State, and which
				desires to add to or delete from a fictitious name or to adopt a fictitious
				name in order to avoid or remove a conflict over the use of a name, or which
				desires to change its assumed or fictitious name, shall file an application for
				an amended certificate of authority.
(c) No fictitious name shall be filed with
				the Division unless required by statute or rule.
Authority
				  G.S.
				  55-15-03;
				  55-15-04;
				  55A-15-03;
				  55A-15-04;
				  55D-5;
				  55D-21;
				  55D-22;
				  55D-24;
				  57D-7-03;
				  57D-7-03(a)(1);
				  57D-7-04;
				  59-103;
				  59-904;
				  59-905;
Eff. February
				  1, 1976;
ARRC Objection Lodged June 21, 1990;
Temporary
				  Amendment Eff. July 1, 1990 For a Period of 180 Days to Expire on December 27,
				  1990;
ARRC Objection Removed August 20, 1990;
Amended
				  Eff. March 1, 1996; February 1, 1991;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. December 20,
				  2015.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter A › Section .0100 - GENERAL PROVISIONS › Section 05A .0101-.0102

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 25-9-401;
					 44-68.1;
Eff. February
					 1, 1976;
Amended Eff. March 1, 1996; September 1, 1988;
Temporary Repeal Eff. July 2, 2001;
Repealed Eff. August 1,
					 2002.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter A › Section .0200 - FILING PROCEDURE › Section 05A .0201-.0209

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 25-9-402(9); .25-9-403;
					 25-9-403(5); 25-9-404; 25-9-405; 25-9-406; 25-6-407;
147-37;
Eff. February 1, 1976;
Amended Eff. March 1,
					 1996; September 1, 1988; July 1, 1979;
Temporary Repeal Eff. July
					 2, 2001;
Repealed Eff. August 1,
					 2002.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter A › Section .0300 - INFORMATION FROM THE FILING OFFICER › Section 05A .0301-.0303

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 25-9-407;
Eff. February 1,
					 1976;
Temporary Repeal Eff. July 2, 2001;
Repealed Eff.
					 August 1, 2002.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter A › Section .0300 - INFORMATION FROM THE FILING OFFICER › Section 05A .0304 - REPEALED - OVER THE COUNTER SEARCHES

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 25-9-407;
Eff. February 1,
					 1976;
Repealed Eff. March 1,
					 1996.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter A › Section .0300 - INFORMATION FROM THE FILING OFFICER › Section 05A .0305-.0306

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 25-9-407;
Eff. February 1,
					 1976;
Amended Eff. March 1, 1996;
Temporary Repeal Eff.
					 July 2, 2001;
Repealed Eff. August 1,
					 2001.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter A › Section .0400 - FEDERAL TAX LIENS › Section 05A .0401-.0403

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 44-68.3;
					 44-68.4;
Eff. February
					 1, 1976;
Temporary Repeal Eff. July 2, 2001;
Repealed
					 Eff. August 1, 2002.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter A › Section .0400 - FEDERAL TAX LIENS › Section 05A .0404 - REPEALED - TELEPHONE REQUEST FOR TAX LIENS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 44-68.3;
Eff. February 1,
					 1976;
Repealed Eff. March 1,
					 1996.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0100 - GENERAL PROVISIONS › Section 05B .0101 - EXPIRED - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 25-9-526;
					 143A-23;
Temporary
					 Adoption Eff. July 2, 2001;
Temporary Adoption Expired Eff. March
					 29, 2002.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0100 - GENERAL PROVISIONS › Section 05B .0103 - PLACE OF FILING, TIME OF FILING, AND METHODS OF DELIVERY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The filing party shall have the
				  responsibility to determine if filing is necessary in the UCC Section. The UCC
				  Section shall not give legal assistance to any individual to determine if
				  filing is necessary.
(b) UCC
				  records may be tendered for filing at the filing office as follows:
(1) Personal delivery at the filing office's
				  street address: Old Revenue Building, 2 S. Salisbury Street, P.O. Box 29622,
				  Raleigh, NC 27626-0622. Regular business hours: 8:00 a.m. - 5:00 p.m., Monday
				  through Friday. The file time for a UCC record delivered by this method is when
				  delivery of the UCC record is accepted by the filing office even though the UCC
				  record may not yet have been accepted for filing and subsequently may be
				  rejected.
(2) Courier delivery at
				  the filing office's street address. The file time for a UCC record delivered by
				  this method is, notwithstanding the time of the delivery, at the earlier of the
				  time the UCC record is first examined by a filing officer for processing even
				  though the UCC record may not yet have been accepted for filing and may be
				  subsequently rejected. A UCC record delivered after regular business hours or
				  on a day the filing office is not open for business will shall have a filing
				  time of the close of business on the next day the filing office is open for
				  business.
(3) Postal service
				  delivery, to the filing office's mailing address. The file time for a UCC
				  record delivered by this method is the next close of business following the
				  time of delivery even though the UCC record may not yet have been accepted for
				  filing and may be subsequently rejected. A UCC record delivered after regular
				  business hours or on a day the filing office is not open for business shall
				  have a filing time of the close of business on the next day the filing office
				  is open for business.
(4)
				  Electronic filing: UCC filings, excluding correction statements and filing
				  officer statements, may be transmitted through web site submission, using the
				  current XML standard approved by the International Association of Corporate
				  Administrators. Documentation for the current standard can be obtained at
				  www.sosnc.com/ucc. The file time for a UCC record delivered by this method is
				  the time that the filing office's E-filing system analyzes the relevant
				  transmission and determines that all the required elements of the transmission
				  have been received in a required format and are machine-readable. An E-filing
				  account number shall be assigned to the remitter prior to electronic
				  filings.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0100 - GENERAL PROVISIONS › Section 05B .0104 - CONTENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The filing office shall not be responsible for the
					 sufficiency of the contents of any record submitted for filing. The filing
					 party shall be responsible for seeing that the record meets all of the
					 statutory requirements for a sufficient financing statement. The fact that a
					 record has been accepted for filing shall not indicate that the record is
					 sufficient as a financing statement.
Authority
					 G.S.
					 25-9-516;
					 25-9-526;
Temporary
					 Adoption Eff. July 2, 2001;
Eff. August 1,
					 2002.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0100 - GENERAL PROVISIONS › Section 05B .0105 - APPROVED

Current through Register Vol. 39, No. 2, July 15, 2024
UCC forms may be obtained at the Department's web page at
https://www.sosnc.gov
.
Authority
					 G.S.
					 25-9-521;
					 25-9-526;
Temporary
					 Adoption Eff. July 2, 2001;
Eff. August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 12, 2014;
Amended Eff.
					 October 1, 2019.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0100 - GENERAL PROVISIONS › Section 05B .0106 - PROCESSING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A list of
				  processing fees required by
				  G.S.
				  25-9-525 and
				  G.S.
				  147-37 is available upon request.
(b) Processing fees for public records
				  services may be paid by the following methods:
(1) Cash. Payment in cash shall be accepted
				  if paid in person at the filing office.
(2) Checks. Personal checks, cashier's checks
				  and money orders made payable to the NC Department of the Secretary of State
				  shall be accepted for payment.
(3)
				  Electronic funds transfer. E-filing accounts shall be established through an
				  agreement between the filing office and the remitter. Payments shall be made
				  through an automated contract. The filing officer shall deduct processing fees
				  from the remitter's prepaid account when authorized to do so when the remitter
				  files a UCC record with the remitter's E-filing account number.
(4) Prepaid account. A remitter shall open an
				  E-filing account for prepayment of fees by submitting an application prescribed
				  by the filing officer and prepaying an amount not less than five hundred
				  dollars ($500.00), the balance of which shall not fall below thirty dollars
				  ($30.00). The filing officer shall issue an E-filing account number to be used
				  by a remitter who chooses to pay processing fees by this method. The filing
				  officer shall deduct processing fees from the remitter's prepaid account when
				  authorized to do so when the remitter files a UCC record with the remitter's
				  E-filing account number.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0100 - GENERAL PROVISIONS › Section 05B .0107 - PUBLIC

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The following methods shall be available
				  for obtaining copies of UCC records and copies of data from the UCC information
				  management system:
(1) Copies of individually
				  identified records shall be available in the following forms:
(A) "B2G" Relationship by
				  subscription;
(B) Paper;
				  and
(C) Web-based access.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0100 - GENERAL PROVISIONS › Section 05B .0108 - FEES

Current through Register Vol. 39, No. 2, July 15, 2024
Fees for public records services shall be established as
					 follows:
(1) Paper copies of
				  individual records shall be two dollars ($2.00) per page.
(2) Reserved.
(3) Bulk Copies of records.
(a) Reserved.
(b) Reserved.
(c) Reserved.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0200 - ACCEPTANCE AND REFUSAL OF RECORDS › Section 05B .0201 - ROLE OF FILING OFFICER

Current through Register Vol. 39, No. 2, July 15, 2024
The duties and responsibilities of the filing officer with
					 respect to the administration of the UCC are ministerial. In accepting for
					 filing or refusing to file a UCC record pursuant to the rules in this
					 Subchapter, the filing officer shall do none of the following:
(1) Determine the legal sufficiency or
				  insufficiency of a record;
(2)
				  Determine that a security interest in collateral exists or does not
				  exist;
(3) Determine that
				  information in the record is correct or incorrect, in whole or in part;
				  and
(4) Create a presumption that
				  information in the record is correct or incorrect, in whole or in
				  part.
Authority
					 G.S.
					 25-9-516;
					 25-9-526;
Temporary
					 Adoption Eff. July 2, 2001;
Eff. August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 12,
					 2014.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0200 - ACCEPTANCE AND REFUSAL OF RECORDS › Section 05B .0203 - PROCEDURE UPON REFUSAL

Current through Register Vol. 39, No. 2, July 15, 2024
If the filing officer finds grounds to refuse acceptance of
					 a UCC record, the filing officer shall comply with
					 G.S.
					 25-9-520. All filing and indexing fees are
					 nonrefundable.
Authority
					 G.S.
					 25-9-520;
					 25-9-526;
Temporary
					 Adoption Eff. July 2, 2001;
Eff. August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 12,
					 2014.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0200 - ACCEPTANCE AND REFUSAL OF RECORDS › Section 05B .0204 - NOTIFICATION OF DEFECTS

Current through Register Vol. 39, No. 2, July 15, 2024
A filing officer from communicating to a filer or a
					 remitter that the filing officer noticed apparent potential defects in a UCC
					 record, whether or not it was filed or refused for filing. However, the filing
					 office is under no obligation to do so. The responsibility for the legal
					 effectiveness of filing rests with filers and remitters and the filing office
					 bears no responsibility for such effectiveness.
Authority
					 G.S.
					 25-9-520;
					 25-9-526(b);
Temporary Adoption Eff. July 2, 2001;
Eff. August 1,
					 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 12,
					 2014.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0200 - ACCEPTANCE AND REFUSAL OF RECORDS › Section 05B .0205 - REFUSAL ERRORS

Current through Register Vol. 39, No. 2, July 15, 2024
If a secured party or a remitter demonstrates to the
					 satisfaction of the filing officer that a UCC record that was refused for
					 filing should not have been, the filing officer shall file the UCC record as
					 provided in the rules in this Subchapter with a filing date and time assigned
					 when such filing occurs. The filing officer shall also file a filing officer
					 statementthat states the effective date and time of filing which shall be the
					 date and time the UCC record was originally tendered for
					 filing.
Authority
					 G.S.
					 25-9-516;
					 25-9-518;
					 25-9-526(b);
Temporary Adoption Eff. July 2, 2001;
Eff. August 1,
					 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 12,
					 2014.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0200 - ACCEPTANCE AND REFUSAL OF RECORDS › Section 05B .0206 - FILING OFFICER ERRORS

Current through Register Vol. 39, No. 2, July 15, 2024
The filing office may correct the errors of the filing
					 officer personnel in the UCC information management system at any time. If the
					 correction occurs after the filing officer has issued a certification date, the
					 filing officer shall file a filing officer statement in the UCC information
					 management system identifying the record to which it relates, the date of the
					 correction, and explaining the nature of the corrective action taken. The
					 record shall be preserved as long as the record of the initial financing
					 statement is preserved in the UCC information management
					 system.
Authority
					 G.S.
					 25-9-516;
					 25-9-517;
					 25-9-518;
					 25-9-526;
Temporary
					 Adoption Eff. July 2, 2001;
Eff. August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 12,
					 2014.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0200 - ACCEPTANCE AND REFUSAL OF RECORDS › Section 05B .0207 - NOTICE OF BANKRUPTCY

Current through Register Vol. 39, No. 2, July 15, 2024
The filing officer shall take no action upon receipt of a
					 notification, formal or informal, of a bankruptcy proceeding involving a debtor
					 named in the UCC information management system.
Authority
					 G.S.
					 25-9-522;
					 25-9-526;
Temporary
					 Adoption Eff. July 2, 2001;
Eff. August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 12,
					 2014.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0300 - UCC INFORMATION MANAGEMENT SYSTEM › Section 05B .0301 - POLICY STATEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
The filing officer shall use an information management
					 system to store, index, and retrieve information relating to financing
					 statements. The information management system shall include an index of the
					 names of debtors named on financing statements that have not lapsed. The rules
					 in this Section describe the UCC information management
					 system.
Authority
					 G.S.
					 25-9-526(b)(3);
Temporary Adoption Eff. July 2, 2001;
Eff. August 1,
					 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 12,
					 2014.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0300 - UCC INFORMATION MANAGEMENT SYSTEM › Section 05B .0302 - PRIMARY DATA ELEMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The primary data elements used in the UCC information
					 management system are the following:
(1) Identification numbers.
(a) Each initial financing statement shall be
				  identified by its file number as described in
				  G.S.
				  25-9-519(b). Identification
				  of the initial financing statement shall be stamped on written UCC records or
				  otherwise permanently associated with the record maintained for UCC records in
				  the UCC information management system. A record shall be created in the
				  information management system for each initial financing statement and all
				  information comprising such record shall be maintained in such system. Such
				  record shall be identified by the same information assigned to the initial
				  financing statement.
(b) A UCC
				  record other than an initial financing statement shall be identified by a
				  unique filing number assigned by the filing officer. In the information
				  management system, records of all UCC records other than initial financing
				  statements shall be linked to the record of their related initial financing
				  statement.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0300 - UCC INFORMATION MANAGEMENT SYSTEM › Section 05B .0303 - INITIAL FINANCING STATEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
Upon the filing of an initial financing statement the
					 status of the parties and the status of the financing statement shall be as
					 follows:
(1) Status of secured party.
				  Each secured party named on an initial financing statement shall be a secured
				  party of record, except that if the UCC record names an assignee, the secured
				  party/assignor shall not be a secured party of record and the secured
				  party/assignee shall be a secured party of record.
(2) Status of debtor. The status of a debtor
				  named on the record shall be active and shall continue as active until one year
				  after the financing statement lapses.
(3) Status of financing statement. The status
				  of the financing statement shall be active. A lapse date shall be calculated,
				  five years from the file date, unless the initial financing statement indicates
				  that it is filed with respect to a public-financing transaction or a
				  manufactured - home transaction, in which case the lapse date shall be 30 years
				  from the file date, or if the initial financing statement indicates that it is
				  filed against a transmitting utility, in which case there shall be no lapse
				  date. A financing statement shall remains active until one year after it
				  lapses, or if it is indicated to be filed against a transmitting utility, until
				  one year after it is terminated with respect to all secured parties of
				  record.
Authority
					 G. S.
					 25-9-511(a);
					 25-9-514;
					 25-9-515;
					 25-9-519(g);
					 25-9-526;
Temporary
					 Adoption Eff. July 2, 2001;
Eff. August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 12,
					 2014.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0300 - UCC INFORMATION MANAGEMENT SYSTEM › Section 05B .0305 - ASSIGNMENT OF POWERS OF SECURED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				  assignment shall have no effect on the status of the parties to the financing
				  statement, except that each assignee named in the assignment shall become a
				  secured party of record.
(b) An
				  assignment shall have no effect upon the status of the financing
				  statement.
Authority
					 G.S.25-9-514;
					 25-9-526;
Temporary
					 Adoption Eff. July 2, 2001;
Eff. August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 12,
					 2014.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0300 - UCC INFORMATION MANAGEMENT SYSTEM › Section 05B .0306 - CONTINUATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon the timely
				  filing of one or more continuations by any secured party(ies) of record, the
				  lapse date of the financing statement shall be postponed for five
				  years.
(b) The filing of a
				  continuation shall have no effect upon the status of any party to the financing
				  statement.
(c) Upon the filing of a
				  continuation statement, the status of the financing statement shall remains
				  active.
Authority
					 G.S.
					 25-9-515(e);
					 25-9-526;
Temporary
					 Adoption Eff. July 2, 2001;
Eff. August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 12,
					 2014.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0300 - UCC INFORMATION MANAGEMENT SYSTEM › Section 05B .0307 - TERMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The filing of a
				  termination shall have no effect upon the status of any party to the financing
				  statement.
(b) A termination shall
				  have no effect upon the status of the financing statement and the financing
				  statement shall remain active in the information management system until one
				  year after it lapses, unless the termination relates to a financing statement
				  that indicates it is filed against a transmitting utility, in which case the
				  financing statement shall become inactive one year after it is terminated with
				  respect to all secured parties of record.
Authority
					 G.S.
					 25-9-513;
					 25-9-526;
Temporary
					 Adoption Eff. July 2, 2001;
Eff. August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 12,
					 2014.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0300 - UCC INFORMATION MANAGEMENT SYSTEM › Section 05B .0308 - CORRECTION STATEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
The filing of a correction statement shall have no effect
					 upon the status of the financing statement or any party to the financing
					 statement.
Authority
					 G.S.
					 25-9-518;
					 25-9-526;
Temporary
					 Adoption Eff. July 2, 2001;
Eff. August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 12,
					 2014.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0300 - UCC INFORMATION MANAGEMENT SYSTEM › Section 05B .0309 - PROCEDURE UPON LAPSE

Current through Register Vol. 39, No. 2, July 15, 2024
If there is no timely filing of a continuation with respect
					 to a financing statement, the financing statement shall lapse on its lapse date
					 but no action shall be taken by the filing office. On the first anniversary of
					 such lapse date, the information management systems shall render or shall cause
					 to render the financing statement inactive and the financing statement shall no
					 longer be made available to a searcher unless inactive statements are requested
					 by the searcher and the financing statement is still retrievable by the
					 information management system.
Authority
					 G.S.
					 25-9-515(c);
					 25-9-526;
Temporary
					 Adoption Eff. July 2, 2001;
Eff. August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 12,
					 2014.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0300 - UCC INFORMATION MANAGEMENT SYSTEM › Section 05B .0310 - IACA STANDARD ADOPTED

Current through Register Vol. 39, No. 2, July 15, 2024
The XML Format as adopted by the International Association
					 of Corporate Administrators shall be adopted in North Carolina for electronic
					 transmission of UCC records. An E-filing account shall be created before
					 submitting an XML filing. The electronic filing shall pass verification to the
					 DTD (Document Type Definition). Failure to pass this verification shall result
					 in rejection of the record pursuant to
					 G.S.
					 25-9-516(b)(1).
Authority
					 G.S.
					 25-9-526(b);
					 25-9-516(b)(1);
Temporary Adoption Eff. July 2, 2001;
Eff. August 1,
					 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 12,
					 2014.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0300 - UCC INFORMATION MANAGEMENT SYSTEM › Section 05B .0311 - IMPLEMENTATION GUIDE

Current through Register Vol. 39, No. 2, July 15, 2024
The filing office shall publish an implementation guide
					 that prescribes the use of the XML Format. The guide shall be available on the
					 Department's web site and to the public upon request.
Authority
					 G. S.
					 25-9-526(b);
Temporary Adoption Eff. July 2, 2001;
Eff. August 1,
					 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 12,
					 2014.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0300 - UCC INFORMATION MANAGEMENT SYSTEM › Section 05B .0312 - DIRECT ON-LINE DATA ENTRY

Current through Register Vol. 39, No. 2, July 15, 2024
Upon application and approval of an E-filing account, the
					 remitter shall receive direct on-line data entry procedures to file UCC records
					 on-line. Persons interested in filing records in this manner shall contact the
					 Department at the addresses listed in Rule .0102 of this
					 Subchapter.
Authority
					 G.S.
					 25-9-526;
Temporary Adoption Eff.
					 July 2, 2001;
Eff. August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 12,
					 2014.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0400 - FILING AND DATA ENTRY PROCEDURES › Section 05B .0401 - POLICY STATEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
This Section contains rules describing the indexing and
					 filing procedures of the filing officer upon and after receipt of a UCC
					 document. The filing officer shall promptly file a document that conforms to
					 the rules in this Section. Except as provided in this Section, data shall be
					 transferred from a UCC document to the information management system exactly as
					 the data are set forth in the document. Personnel who create reports in
					 response to search requests shall enter search criteria exactly as set forth on
					 the search request. No effort shall be made to detect or correct errors of any
					 kind that are made by the filer.
Authority
					 G.S.
					 25-9-519;
					 25-9-526;
Temporary
					 Adoption Eff. July 2, 2001;
Eff. August 1, 2002;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. November 12,
					 2014.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0400 - FILING AND DATA ENTRY PROCEDURES › Section 05B .0402 - EXPIRED - MINIMUM STANDARDS FOR INDEXING AND FILING UCC RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 25-9-526;
Temporary Adoption Eff.
					 July 2, 2001;
Temporary Adoption Expired Eff. March 29,
					 2002.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0400 - FILING AND DATA ENTRY PROCEDURES › Section 05B .0403 - DOCUMENT FILING, REVIEW, AND ACKNOWLEDGMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Date and time stamp. The date and time of receipt shall be noted on the
				  document or otherwise permanently associated with the record maintained for a
				  UCC document in the UCC information management system at the earliest possible
				  time.
(b) Document review. The
				  filing office shall determine whether a ground exists to refuse the document
				  under Section .0200 of this Subchapter.
(1)
				  File stamp. If there is no ground for refusal of the document, the document
				  shall be stamped or deemed filed and a unique identification number and the
				  filing date shall be stamped on the document or permanently associated with the
				  record of the document maintained in the UCC information management system. The
				  sequence of the identification number shall not be an indication of the order
				  in which the document was received.
(2) Correspondence. If there is a ground for
				  refusal of the document, notification of refusal to accept the document shall
				  be prepared as provided in Section .0200 of this Subchapter. If there is no
				  ground for refusal of the document, an acknowledgment of filing shall be
				  prepared to send to the person who has requested the acknowledgment. If the
				  person who requests the acknowledgment desires an electronic acknowledgment, he
				  shall provide an email address to the filing officer. If the UCC document was
				  tendered in person, notice of the refusal or acknowledgment of the filing shall
				  be given to the remitter by personal delivery if possible. If the UCC document
				  was tendered by E-filing, the acknowledgment shall be in the form of an XML
				  document attached to an email and shall be electronically transmitted to the
				  remitter.