reglab/statecodes huggingface dataset:
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 .0404 - ENTRY OF INDIVIDUAL AND ORGANIZATIONAL NAMES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) This Rule
				  sets forth basic indexing procedures for UCC documents and subsequently
				  provides index retrieval information to persons who search the indexes for UCC
				  data in the information management system.
(b) The names of debtors and secured parties
				  who are "individuals" (human beings, or decedents in the case of a debtor that
				  is such decedent's estate) shall be stored in files that include only the names
				  of individuals, and not the names of organizations. Separate data entry fields
				  shall be established for first (given), middle (given), and last names
				  (surnames) of individuals. A filer shall place the name of a debtor with a
				  single name (e.g., "Cher") in the last name field on the UCC form. The filing
				  officer shall not be responsible for the accurate designation of the components
				  of a name but shall accurately enter the data in accordance with the filer's
				  designations.
(c) The names of
				  debtors and secured parties that are organizations shall be stored in files
				  that include only the names of organization and not the names of individuals. A
				  single field shall be used to store an organization name.
(d) If a trust is named in its organic
				  document(s), its full legal name, as set forth in such document(s), shall be
				  used. Such trusts shall be treated as organizations. If the trust is not so
				  named, the name of the settlor shall be used. If a settlor is indicated to be
				  an organization, the name shall be treated as an organization name. If the
				  settlor is an individual, the name shall be treated as an individual name. A
				  UCC document that uses a settlor's name shall include other information
				  provided by the filer to distinguish the debtor trust from other trusts having
				  the same settlor and all financing statements filed against trusts or trustees
				  acting with respect to property held in trust shall indicate the nature of the
				  debtor. If this is done in, or as part of, the name of the debtor, it shall be
				  entered as if it were part of the name under Rule .0407 of this
				  Section.
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 .0405 - FILING DATES AND LAPSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The filing date
				  of a UCC document shall be the date the UCC document is received with the
				  proper processing fee if the filing office is open to the public on that date
				  or, if the filing office not so open on the date, the filing date is the next
				  date the filing office is so open, except that, in each case, UCC documents
				  received after 5:00 p.m. shall be deemed received on the following day. The
				  filing officer shall perform any duty relating to the document on the filing
				  date or on a date after filing date.
(b) The filing time of a UCC document shall
				  be determined as provided in Rule .0103 of this Subchapter.
(c) A lapse date shall be calculated for each
				  initial financing statement (unless the debtor is indicated to be a
				  transmitting utility as provided in Rule .0303 of this Subchapter). The lapse
				  date shall be the same date of the same month as the filing date in the fifth
				  year after the filing date or relevant subsequent fifth anniversary thereof if
				  a timely continuation statement is filed, but if the initial financing
				  statement indicates that it is filed with respect to a public-finance
				  transaction or a manufactured-home transaction, the lapse date shall be the
				  same date of the same month as the filing date in the thirtieth year after the
				  filing date. The lapse shall take effect at midnight at the end of the lapse
				  date. The relevant anniversary for a February 29 filing date shall be March 1
				  in the fifth year following the year of the filing date.
Authority
					 G.S.
					 25-9-515;
					 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 .0406 - FILING ERRORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) 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
				  an administrative action 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.
(b) An error by a filer is the responsibility
				  of such filer. It may be corrected by filing an amendment or a correction
				  statement may disclose it.
Authority
					 G.S.
					 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 .0400 - FILING AND DATA ENTRY PROCEDURES › Section 05B .0407 - DESIGNATED NAME FIELDS

Current through Register Vol. 39, No. 2, July 15, 2024
A filing shall designate whether a name is a name of an
					 individual or an organization and, if an individual also designates the first,
					 middle and last names and any suffix. When this is done, the following rules
					 shall apply:
(1) Organization names.
				  Organization names shall be entered into the UCC information system exactly as
				  set forth in the UCC document, even if it appears that multiple names are set
				  forth in the document or if it appears that the name of an individual has been
				  included in the field designated for an organization name.
(2) Individual names. On a form that
				  designates separate fields for first, middle, and last name and suffix, the
				  filing office shall enter the names into the first, middle, and last name and
				  suffix fields in the UCC information management system exactly as set forth on
				  the form.
(3) The filing office
				  shall use only those forms that designate separate fields for individual and
				  organization names and separate fields for first, middle, and last names and
				  suffix. Such forms shall reduce the possibility of filing office error and help
				  assure that filers' expectations are met.
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 .0408 - VERIFICATION OF DATA ENTRY

Current through Register Vol. 39, No. 2, July 15, 2024
The filing officer shall use visual verification to verify
					 the accuracy of data entry tasks.
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 .0409 - CREATION OF NEW RECORDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Initial
				  financing statement. A new record shall be opened in the UCC information
				  management system for each initial financing statement that bears the file
				  number of the financing statement and the date and time filing.
(1) The name and address of each debtor that
				  are legibly set forth in the financing statement shall be entered into the
				  record of the financing statement. Each such debtor name shall be included in
				  the searchable index and shall not be removed until one year after the
				  financing statement lapses. Debtor addresses shall be included in the
				  searchable index.
(2) The name and
				  address of each secured party that are legibly set forth in the financing
				  statement shall be entered into the record of the financing
				  statement.
(3) The record shall be
				  indexed according to the name of the debtor(s) and shall be maintained for
				  public inspection.
(4) A lapse date
				  shall be established for the financing statement, unless the initial financing
				  statement indicates it is filed against a transmitting utility, and the lapse
				  date shall be maintained as part of the record.
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 .0410 - ARCHIVAL DOCUMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Financing
				  statements shall remain active and searchable for one year after they lapse.
				  The following describes the maintenance of archives of inactive financing
				  statements and the ability of those archived records to be searched.
(1) Paper UCC records shall be on file in the
				  filing office for at least six years, and shall include an additional one year
				  after the record has lapsed. After the six years has lapsed, the records shall
				  be purged and recycled. Paper UCC records may be searched by submitting an
				  Information Request Form to the filing office.
(2) Microfilm of all UCC records dating from
				  1960 shall be kept on file for public inspection in the record and research
				  areas in the filing office. The availability of these microfilmed records shall
				  be kept until these UCC records are imaged in the information management
				  system. The microfilm shall also be sent to the state records center for
				  archiving. Searches on UCC records on microfilm may be conducted in the filing
				  office.
(3) Electronic images of
				  UCC records dating from 1998 shall be available through the information
				  management system and may be searched through the filing office's web
				  site.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 05 - UNIFORM COMMERCIAL CODE DIVISION › Subchapter B - UNIFORM COMMERCIAL CODE SECTION › Section .0500 - SEARCH REQUESTS AND REPORTS › Section 05B .0501 - GENERAL REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
The filing officer shall maintain for public inspection a
					 searchable index for all records of UCC records. The index shall provide for
					 the retrieval of a record by the name of the debtor and by the file number of
					 the initial financing statement and each filed UCC record relating to the
					 initial financing statement.
Authority
					 G.S.25-9-523;
					 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 .0500 - SEARCH REQUESTS AND REPORTS › Section 05B .0502 - SEARCH REQUESTS AND REPORTS

Current through Register Vol. 39, No. 2, July 15, 2024
Search requests shall contain the following
					 information:
(1) Name searched. A
				  search request shall set forth the correct name of the debtor to be searched
				  and must specify whether the debtor is an individual or an organization. A
				  search request shall be processed using the name in the exact form it is
				  submitted.
(2) Requesting party. A
				  search request shall include the name and address of the person to whom the
				  search report is to be sent.
(3)
				  Fee. The appropriate fee shall be enclosed, payable by a method described in
				  Rule .0105 of this Subchapter.
(4)
				  Search request with filing. If a filer requests a search at the time a UCC
				  record is filed, the name searched shall be the debtor name as set forth on the
				  form. The requesting party shall be the remitter of the UCC record, and the
				  search request shall be deemed to request a search that would retrieve all
				  financing statements filed on or prior to the date the UCC record is
				  filed.
Authority
					 G.S.
					 25-9-523;
					 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 .0500 - SEARCH REQUESTS AND REPORTS › Section 05B .0503 - RULES APPLIED TO SEARCH REQUESTS

Current through Register Vol. 39, No. 2, July 15, 2024
Search results shall be produced by the application of
					 standardized search logic to the name presented to the filing officer. Human
					 judgment shall not play a role in determining the results of the search. The
					 following rules shall apply to searches:
(1) There shall be no limit to the number of
				  matches that may be returned in response to the search criteria.
(2) No distinction shall be made between
				  upper and lower case letters.
(3)
				  Punctuation marks and accents shall be disregarded.
(4) Words and abbreviations at the end of a
				  name that indicate the existence or nature of an organization as set forth in
				  the "Ending Noise Words" list as promulgated and adopted by IACA shall be
				  disregarded. This list may be viewed or obtained by contacting the UCC
				  Section.
(5) The word "the" at the
				  beginning of the search criteria shall be disregarded.
(6) For first and middle names of
				  individuals, initials shall be treated as the logical equivalent of all names
				  that begin with such initials, and first name and no middle name or initial
				  shall be equated with all middle names and initials. For example, a search
				  request for "John A. Smith" shall cause the search to retrieve all filings
				  against all individual debtors with "John" or the initial "J" as the first
				  name, "Smith" as the last name, and with the initial "A" or any name beginning
				  with "A" in the middle name field. If the search request were for "John Smith"
				  (first and last names with no designation in the middle name field), the search
				  shall retrieve all filings against individual debtors with "John" or the
				  initial "J" as the first name, "Smith" as the last name and with any name or
				  initial or no name or initial in the middle name field.
(7) After using the preceding paragraphs of
				  this Rule to modify the name to be searched, the search shall reveal only names
				  of debtors that are contained in unlapsed financing statements and, exactly
				  match the name requested, as modified.
Authority
					 G.S.
					 25-9-519;
					 25-9-523;
					 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 .0500 - SEARCH REQUESTS AND REPORTS › Section 05B .0504 - OPTIONAL INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
A UCC search request may contain any of the following
					 information:
(1) The request may limit
				  the records requested by limiting them by the city and state of the debtor, and
				  the date of filing or a range of filing dates. A report created by the filing
				  officer in response to such a request shall contain the statement: "A limited
				  search may not reveal all filings against the debtor searched and the searcher
				  bears the risk of relying on such a search".
(2) The request may ask for copies of UCC
				  records identified on the primary search response.
(3) Instructions on the mode of delivery
				  desired may be requested, if other than by ordinary mail, and shall be honored
				  if the requested mode is available to the filing office.
Authority
					 G.S.
					 25-9-523;
					 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 .0500 - SEARCH REQUESTS AND REPORTS › Section 05B .0505 - SEARCH RESPONSES

Current through Register Vol. 39, No. 2, July 15, 2024
Reports created in response to a search request shall
					 include the following:
(1) Filing
				  officer. Identification of the filing officer and the certification of the
				  filing officer required by law.
(2)
				  Report date. The date the report was generated.
(3) Name searched. Identification of the name
				  searched.
(4) Certification date.
				  The certification date and time for which the search is effective.
(5) Identification of initial financing
				  statements. Identification of each unlapsed initial financing statement filed
				  on or prior to the certification date and time corresponding to the search
				  criteria, by name of debtor, by identification number, and by file date and
				  file time.
(6) History of financing
				  statement. For each initial financing statement on the report, a listing of all
				  related UCC records filed by the filing officer on or prior to the
				  certification date.
(7) Copies.
				  Copies of all UCC records revealed by the search and requested by the
				  searcher.
Authority
					 G.S.
					 25-9-519;
					 25-9-523;
					 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 .0600 - NOTICE OF FEDERAL TAX LIEN › Section 05B .0601 - POLICY STATEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of the rules in this Section is to describe
					 records of liens maintained by the filing office created pursuant to statutes
					 other than the UCC that are treated by the filing officer in a manner
					 substantially similar to UCC records and are included on request with the
					 reports described in Rule .0502 of this Subchapter.
Authority
					 G.S.
					 25-9-519;
					 25-9-526;
					 44-68.14(a)(1);
					 44-68.14(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 .0600 - NOTICE OF FEDERAL TAX LIEN › Section 05B .0602 - FILING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The UCC Section of the Department shall
				  file Federal Tax Liens on corporations and partnerships whose executive office
				  is located in North Carolina. These liens shall be indexed by the taxpayer's
				  name and shall be available for public inspection. The Internal Revenue Service
				  files Federal tax liens with the Department.
(b) The fee schedule for filing tax liens
				  shall be available upon request.
(c) A notice of a tax lien filed by the
				  Internal Revenue Service shall be filed and indexed in the filing office in the
				  same manner as a UCC initial financing statements as provided in
				  G.S.
				  25-9-519.
(d) A certificate of release or nonattachment
				  shall be filed and indexed in the same manner as a UCC termination as provided
				  in G.S.
				  25-9-519, except that the original notice of
				  the tax lien shall not be removed or purged from the information management
				  system in the filing office.
(f) A
				  certificate of discharge or subordination shall be filed and indexed in the
				  same manner as a UCC release of collateral as provided in
				  G.S.
				  25-9-519.
Authority
					 G.S.
					 25-9-519;
					 25-9-526;
					 44-68.14;
					 44-68.15;
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 .0600 - NOTICE OF FEDERAL TAX LIEN › Section 05B .0603 - REQUESTS FOR INFORMATION

Current through Register Vol. 39, No. 2, July 15, 2024
Requests for information on a tax lien shall be handled by
					 the filing officer in the same manner as provided in
					 G.S.
					 25-9-523(c). The fee for
					 copies, certificates, and requests for information on tax liens is available
					 upon request.
Authority G.S.
					 44.68.14(d); 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 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .0100 - GENERAL PROVISIONS › Section 06A .0101-.0103

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 78A-1;
					 78A-45;
					 147-36;
Eff. February
					 1, 1976;
Repealed Eff. April 1,
					 1981.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .0200 - REGISTRATION OF DEALERS AND SALESMEN › Section 06A .0201-.0213

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 78A-17(3);
					 78A-36(a);
					 78A-36(b);
					 78A-37(a);
					 78A-38(a);
					 78A-38(b);
					 78A-39;
					 78A-39(a);
					 78A-39(d);
					 78A-49(c);
					 78A-63(f);
Eff. February 1, 1976;
Repealed Eff. April 1,
					 1981.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .0300 - SECURITIES OF DEALER › Section 06A .0301-.0302

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 78A-49(a);
Eff.
					 February 1, 1976;
Repealed Eff. April 1,
					 1981.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .0400 - REGISTRATION OF SECURITIES › Section 06A .0401-.0407

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 78A-2(2);
					 78A-28(b);
					 78A-29(b)(2);
					 78A-49(a);
					 78A-50(c);
					 132-1.1;
Eff.
					 February 1, 1976;
Repealed Eff. April 1,
					 1981.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .0500 - EXEMPTIONS › Section 06A .0501-.0504

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 78A-17(9);
					 78A-18(b);
					 78A-50(e);
Eff. February 1, 1976;
Repealed Eff. April 1,
					 1981.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .0600 - GENERAL REGISTRATION REQUIREMENTS ADDITIONAL: REGISTRATION › Section 06A .0601-.0607

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 78A-10(a);
					 78A-26(c);
					 78A-28(b);
					 78A-29(f);
					 78A-49(a);
Eff. February 1, 1976;
Repealed Eff. April 1,
					 1981.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .0700 - SECURITIES OF INSURANCE COMPANIES AND LIMITED PARTNERSHIPS › Section 06A .0701-.0704

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 78A-16(5);
					 78A-49(a);
					 78A-49(b);
Eff. November 10, 1980;
Repealed Eff. April 1,
					 1981.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .0800 - ESCROW AGREEMENTS › Section 06A .0801-.0803

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 78A-28(9);
Eff.
					 February 1, 1976;
Repealed Eff. April 1,
					 1981.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .0900 - OIL AND GAS DRILLINGS › Section 06A .0901-.0902

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 78A-29(a)(2)(f);
					 78A-28(b);
					 78A-49(a);
Eff. February 1, 1976;
Repealed Eff. April 1,
					 1981.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .1000 - APPLICATION TO EXCHANGE SECURITIES › Section 06A .1001-.1004

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 78A-30;
Eff. September 1,
					 1979;
Repealed Eff. April 1,
					 1981.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .1100 - GENERAL PROVISIONS › Section 06A .1101 - LOCATION AND HOURS

Current through Register Vol. 39, No. 2, July 15, 2024
The Securities Division of the Department of the Secretary
					 of State is located at the Old Revenue Complex, 2 S. Salisbury Street, Raleigh,
					 North Carolina 27601. All REGULAR MAIL shall be sent to: North Carolina
					 Securities Division, Department of the Secretary of State, P.O. Box 29622,
					 Raleigh, North Carolina 27626-0622. All OVERNIGHT MAIL shall be sent to: North
					 Carolina Securities Division, Department of the Secretary of State, Old Revenue
					 Complex, 2 S. Salisbury Street, Raleigh, North Carolina 27601. Office hours for
					 the public are 8:00 a.m. to 5:00 p.m. Monday through Friday, except state
					 holidays.
Authority
					 G.S.
					 78A-49(a);
					 147-36;
Eff. April 1,
					 1981;
Amended Eff. April 1, 2003; October 1, 2000; October 1, 1988;
					 November 1, 1982;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 6,
					 2016.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .1100 - GENERAL PROVISIONS › Section 06A .1102 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of the North Carolina Securities Act is the
					 regulation of the sale of securities for the protection of the investing
					 public. This is accomplished by securities being registered or exempt, dealers
					 and salesmen being registered and other activities including investigating
					 complaints, conducting hearings and any other action required by the
					 Act.
Authority
					 G.S.
					 78A-1;
					 78A-49(a);
Eff. April 1, 1981;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 6,
					 2016.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .1100 - GENERAL PROVISIONS › Section 06A .1103 - REPEALED - ADMINISTRATION (REPEALED)

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 78A-45(a);
Eff.
					 April 1, 1981;
Amended Eff. January 1, 1984;
Repealed
					 Eff. April 1, 2009.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .1100 - GENERAL PROVISIONS › Section 06A .1104 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Chapter, the following terms mean:
(1) "Act" shall mean the North Carolina
				  Securities Act, Chapter 78A of the North Carolina General Statutes, as same has
				  been or may be from time to time amended.
(2) "Commercial Paper," as referred to in
				  G.S.
				  78A-16(10), shall mean any
				  note, draft, bill of exchange or bankers acceptance which arises out of a
				  current transaction or the proceeds of which have been or are to be used for
				  current transactions, and which has a maturity at the time of issuance not
				  exceeding nine months, exclusive of days of grace, or any renewal thereof, the
				  maturity of which is likewise limited or any guarantee of such paper or of any
				  such renewal. Commercial paper shall also exemplify the following
				  characteristics:
(a) prime quality negotiable
				  paper of a type not ordinarily purchased by the general public;
(b) issued to facilitate well recognized
				  types of current operational business requirements; and
(c) of a type eligible for discounting by
				  Federal Reserve Banks.
The Division hereby incorporates by reference the concepts
					 of "commercial paper" found in SEC Release No. 33-4412, September 20, 1961,
					 (1961 WL 61632).
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .1200 - EXEMPTIONS › Section 06A .1201 - REPEALED - DESIGNATED SECURITIES EXCHANGES (REPEALED)

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 78A-16(8);
Eff.
					 April 1, 1981;
Amended Eff. May 1, 1995;
Repealed Eff.
					 September 1, 2008.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .1200 - EXEMPTIONS › Section 06A .1202 - RECOGNIZED SECURITIES MANUALS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  publications recognized by the administrator as securities manuals for the
				  purposes set forth in
				  G.S.
				  78A-17(2)a. shall be:
(1) Standard and Poor's Corporation
				  Records,
(2) Mergent's Industrial
				  Manual,
(3) Mergent's
				  Over-the-Counter Industrial Manual,
(4) Mergent's International Manual,
				  and
(5) Periodic supplements to
				  each recognized securities manual.
Other publications may be recognized by the administrator,
					 on a case by case basis, upon a showing that the information required by
					 G.S.
					 78A-17(2)a. is actually
					 contained in the publication.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .1200 - EXEMPTIONS › Section 06A .1203 - INFORMATION FILED BY REGISTERED DEALER

Current through Register Vol. 39, No. 2, July 15, 2024
The exemption for nonissuer distributions, other than by a
					 controlling person of an outstanding security, under
					 G.S.
					 78A-17(2)b. shall be
					 applicable to the offer and sale of any security, the issuer of which is
					 required to file reports under Section 13 or 15(d) of the Securities Exchange
					 Act of 1934, has been so required for at least 15 months prior to such sale and
					 has filed all such required reports during such 15 month period if, prior to
					 such sale, the registered dealer files with the administrator a statement
					 certifying that copies of the following documents, and amendments thereto, with
					 respect to the issuer of such security are on file with the dealer:
(1) the most recent Annual Report of the
				  issuer on Securities and Exchange Commission Form 10-K filed with the
				  Securities and Exchange Commission;
(2) all quarterly and current reports of the
				  issuer on Securities and Exchange Commission Form 10-Q and 8-K filed with the
				  Securities and Exchange Commission subsequent to the end of the fiscal year for
				  which the Annual Report referred to in Part (1) was filed and prior to the
				  sale;
(3) all amendments to any of
				  the reports referred to in Parts (1) and (2) filed with the Securities and
				  Exchange Commission prior to such sale;
(4) all definitive proxy statements and
				  information statements filed with the Securities and Exchange Commission under
				  Section 14 of the Securities Exchange Act of 1934:
(a) within 12 months prior to the sale
				  and
(b) with respect to meetings of
				  shareholders of the issuer held within 12 months prior to such sale;
				  and
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .1200 - EXEMPTIONS › Section 06A .1204 - REPEALED - LIMITED OFFERINGS (REPEALED)

Current through Register Vol. 39, No. 2, July 15, 2024
Filed as a Temporary
					 Repeal Eff. October 1, 1983, for a Period of 120 Days to Expire
on
					 January 29, 1984;
Authority
					 G.S.
					 78A-17(9)(a);
					 78A-18;
					 78A-49(a);
Eff. April 1, 1981;
Repealed Eff. January 1,
					 1984.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .1200 - EXEMPTIONS › Section 06A .1208 - TRANSACTIONS EXEMPT UNDER RULE .1206: FILING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Not less than 10 business days prior to
				  any sale of a security sold in reliance upon the exemption provided by Rule
				  .1206 of this Section, which sale shall include but not be limited to the
				  receipt by the issuer, or any person acting on the issuer's behalf of a signed
				  subscription agreement of, or the receipt of consideration from, a purchaser,
				  the issuer shall file with the administrator, or cause to be so filed, the
				  following:
(1) A Form D (Notice of Sales of
				  Securities Pursuant to Regulation D and/or Uniform Limited Offering Exemption).
				  All parts of this form, including the Appendix, shall be completed. The Form D
				  shall be signed by a person with express written authorization to do so by the
				  issuer, and shall be attached to a statement containing the supplemental
				  information required by Paragraph (c) of this Rule.
(2) A copy of any written document or
				  materials proposed to be used in connection with the offer and sale of the
				  securities to be sold; provided, however, if any such documents or materials
				  are not available to be filed 10 business days prior to any sale of the
				  securities to a person who resides in this State, they shall be filed when
				  available, but, in any event, no later than five business days before any such
				  sale. Supplements or amendments to any such written document or materials shall
				  be filed within 5 business days after delivery to any prospective purchaser of
				  the securities. Notwithstanding the foregoing, any written materials,
				  disclosures required by
				  G.S.
				  78A-13, and advertising subject to
				  G.S.
				  78A-14 proposed to be used in connection with
				  the offer and sale of viatical settlement contracts shall be filed with the
				  Administrator not later than 10 days before the first sale of such securities
				  in this State, and any supplements to such materials shall be filed with the
				  Administrator not later than 5 days prior to their delivery to any prospective
				  purchaser.
(3) A consent to service
				  of process naming the North Carolina Secretary of State as service agent using
				  the Uniform Consent to Service of Process (Form U-2) signed by the issuer and
				  acknowledged before a notary public or similar officer; and accompanied by a
				  properly executed Corporate Resolution (Form U-2A), if applicable.
(4) A non-refundable filing fee as
				  established by
				  G.S.
				  78A-17(17), payable to the
				  North Carolina Secretary of State.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .1200 - EXEMPTIONS › Section 06A .1209 - NONPROFIT SECURITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The exemption
				  provided by
				  G.S.
				  78A-16(9) from the
				  registration requirements of
				  G.S.
				  78A-24 for securities offered, or to be
				  offered, and sold by any person operated not for private profit but exclusively
				  for religious, educational, benevolent, charitable, fraternal, social,
				  athletic, or reformatory purposes, or as a chamber of commerce or trade or
				  professional association shall not be available where:
(1) The issuer is disqualified by Rule .1207
				  of this Section. For the purposes of determining the availability of the
				  exemption provided by
				  G.S.
				  78A-16(9), the issuer also
				  shall be disqualified under Rule .1207 of this Section where the trustee of a
				  trust indenture under which the securities are to be issued is subject to the
				  disqualifications of Subparagraphs (a)(1) through (6) of Rule .1207 of this
				  Section.
(2) The issuer, or any
				  affiliate or predecessor has had any material default within five years prior
				  to commencement of the offering in the payment of:
(A) principal, interest, dividend or sinking
				  fund installment on any security or indebtedness for borrowed money;
				  or
(B) rentals under material
				  leases with terms of three years or more.
(3) Any part of the net earnings of the
				  nonprofit issuer inures to the benefit of any other person.
(4) The issuer fails to comply with the
				  requirements of Paragraph (b) of this Rule and, if applicable or appropriate,
				  Paragraphs (c) and (d) of this Rule.
Provided, however, that the administrator may modify or
					 waive, upon the showing of good cause in writing, any disqualification that
					 results from Subparagraphs (a), (1), (2) or (3) of this Rule.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .1200 - EXEMPTIONS › Section 06A .1210 - SECURITIES EXCHGS/AUTO QUOTATION SYS APPROVED/ADMINISTRATOR

Current through Register Vol. 39, No. 2, July 15, 2024
For purposes of
					 G.S.
					 78A-16(15), the following
					 securities exchanges and automated quotation systems are approved provided such
					 exchanges or systems comply with the provisions of Paragraphs (1) through (4)
					 of the Memorandum of Understanding regarding a Model Uniform Marketplace
					 Exemption From State Securities Registration Requirements [SEC Release 33-6810
					 (December 16, 1988), CCH NASAA Reports, par. 2,351] or the Memorandum of
					 Understanding between The North American Securities Administrators Association,
					 Inc. and The Philadelphia Stock Exchange, Inc., incorporated herein by
					 reference. The incorporated material may be obtained, free of charge, from the
					 North Carolina Securities Division, Department of the Secretary of State, P.O.
					 Box 29622, Raleigh, North Carolina 27626-0622:
(1) New York Stock Exchange;
(2) American Stock Exchange;
(3) Pacific Stock Exchange;
(4) Midwest Stock Exchange;
(5) NASDAQ National Market System;
(6) Chicago Board Options Exchange;
				  and
(7) Philadelphia Stock
				  Exchange.
Authority
					 G.S.
					 78A-16(15);
					 150B-21.6; 78A-(49);
Eff. February 1, 1991;
Temporary Adoption Eff. December 8, 1990 for
					 a period of 180 days to expire on June 5, 1991;
Temporary Adoption
					 Eff. June 11, 1990 for a period of 180 days to expire on December 8,
					 1990;
ARRC Objection Lodged June 21, 1990;
ARRC
					 Objection Removed August 20, 1990;
ARRC Objection Lodged December
					 20, 1990;
Amended Eff. April 1, 2003; October 1, 2000; May 1, 1995;
					 August 1, 1991;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 6,
					 2016.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .1200 - EXEMPTIONS › Section 06A .1211 - NOTICE FILING PROCEDURES FOR RULE 506 OFFERINGS

Current through Register Vol. 39, No. 2, July 15, 2024
An issuer offering a security that is a "covered security"
					 under Section 18(b)(4)(D) of the Securities Act of 1933 shall file a notice on
					 SEC Form D, a consent to service of process on a form prescribed by the
					 Administrator, and pay a fee as established by
					 G.S.
					 78A-31(b) no later than 15
					 days after the first sale in this State of such security covered under federal
					 law. An issuer is not required to file any amendments to a Form D unless the
					 amendment reflects a change in the offering in this State.
Authority
					 G.S.
					 78A-31(b);
					 78A-49(a);
Temporary Adoption Eff. October 1, 1997;
Eff. August 1,
					 1998;
Temporary Amendment Eff. November 1, 2002;
Amended Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 6,
					 2016.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .1200 - EXEMPTIONS › Section 06A .1213 - TRANSACTIONAL EXEMPTION PURSUANT TO G.S. 78A 17(19)

Current through Register Vol. 39, No. 2, July 15, 2024
Conditions of Eligibility for Exemption. For the purposes
					 of eligibility for the exemption provided at
					 G.S.
					 78A-17(19), an offer or sale
					 of any viatical settlement contract or any fractionalized or pooled interest
					 therein in a transaction must meet all of the following criteria:
(1) Suitability Standards. Sales of viatical
				  settlement contracts may be made only to purchasers meeting the requirements of
				  Rule .1320 of this Chapter.
(2)
				  Purchase Not for Resale. Each purchaser must represent in writing that the
				  purchaser is purchasing for investment and for the purchaser's own account or
				  trust account, if the purchaser is a trustee, and not with a view to or for
				  sale in connection with a distribution of the security.
(3) Required Disclosures. The information set
				  forth in G.S. 78A-13 and in Rule .1319
				  shall be disclosed in accordance with that section.
(4) Rescission by Purchaser. Each purchaser
				  shall be provided with written notice of his or her rights of rescission as set
				  forth in G.S. 78A-56 and in Rule .1501 of
				  this Chapter.
(5) Exemption Filing
				  and Fee. A notice of the issuer's intent to sell securities in reliance on
				  G.S.
				  78A-17(19), signed by the
				  issuer or by an authorized officer of the issuer and notarized, together with a
				  nonrefundable filing fee of five hundred dollars ($500.00), payable to the
				  Secretary of State, shall be filed with the Administrator not later than ten
				  business days before any offers or sales of securities are made pursuant to
				  G.S.
				  78A-17(19). Such notice
				  shall include:
(a) The issuer's name, the
				  issuer's type of business organization, the state in which the issuer is
				  organized, the date the issuer intends to begin selling securities within or
				  from this state, and the issuer's principal business;
(b) A consent to service of process naming
				  the Secretary of State as agent for service of process;
(c) Such financial statements as may be
				  required to be disclosed under
				  G.S.
				  78A-13;
(d) the names and CRD numbers, if any, of all
				  persons who will be offering the securities for sale in or from the State of
				  North Carolina; and
(e) an
				  undertaking to notify the Administrator in writing of any material change or
				  material omission in the information filed with the Administrator pursuant to
				  this Rule not later than five business days following the change or discovery
				  of the omission.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .1300 - REGISTRATION OF SECURITIES › Section 06A .1301 - REGISTRATION BY NOTIFICATION

Current through Register Vol. 39, No. 2, July 15, 2024
Application for registration by notification shall be filed
					 with the administrator using the Uniform Application to Register Securities
					 (Form U-1). Supplemental information demonstrating eligibility for registration
					 under this provision and the documents and information called for by
					 G.S.
					 78A-25(b) shall be
					 attached.
Authority
					 G.S.
					 78A-25;
					 78A-49(a);
Eff. April 1, 1981;
Amended Eff. October 1, 1988;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 6,
					 2016.
North Carolina Administrative Code › Title 18 - SECRETARY OF STATE › Chapter 06 - SECURITIES DIVISION › Subchapter A - RECODIFIED RULES › Section .1300 - REGISTRATION OF SECURITIES › Section 06A .1302 - REGISTRATION BY COORDINATION

Current through Register Vol. 39, No. 2, July 15, 2024
Application for registration by coordination shall be filed
					 with the administrator using the Uniform Application To Register Securities
					 (Form U-1). Documents necessary to establish eligibility for registration by
					 coordination shall be attached.
Authority
					 G.S.
					 78A-26;
					 78A-49(a);
Eff. April 1, 1981;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. December 6,
					 2016.