§ 66-71.1 – Short title.
66-71.1. Short title. This Article may be cited as the "Assumed Business Name Act." (2016-100, s. 2; 2017-23, s. 1.)
§ 66-71.10 – Register of deeds to index certificates; transmission of data to central database.
66-71.10. Register of deeds to index certificates; transmission of data to central database. (a) The register of deeds of each county must index in accordance with Article 2 of Chapter 161 of the General Statutes every assumed business name with respect to which an assumed business name certificate, a certificate of amendment, or a certificate […]
§ 66-71.11 – Forms.
66-71.11. Forms. (a) The Land Records Management Advisory Committee established under G.S. 147-54.3 may develop forms for the documents required or permitted to be filed by this Article, but their use is not mandatory. (a1) An Assumed Business Name Certificate that substantially complies with the following form may be used and shall be sufficient to […]
§ 66-71.12 – Effect of filing certificate.
66-71.12. Effect of filing certificate. (a) An assumed business name certificate filed under this Article is effective upon filing and remains in effect until withdrawn under G.S. 66-71.8. (b) Compliance with this Article does not confer any exclusive rights to the use of an assumed business name in this State. (2016-100, s. 2; 2017-23, s. […]
§ 66-71.13 – Copy of certificate prima facie evidence.
66-71.13. Copy of certificate prima facie evidence. A copy of a certificate filed under this Article, duly certified by the register of deeds of the office in which it was filed, is prima facie evidence of the facts required to be stated in the certificate. (2016-100, s. 2; 2017-23, s. 1.)
§ 66-71.14 – Consequences of signing false certificate or violating Article.
66-71.14. Consequences of signing false certificate or violating Article. (a) A person signing a certificate under this Article that the person knows is false in any material respect with intent that the certificate be delivered to the register of deeds for filing is guilty of a Class 1 misdemeanor. (b) A person failing to file […]
§ 66-71.15 – Expiration of certificates filed under Article 14; transition provisions.
66-71.15. Expiration of certificates filed under Article 14; transition provisions. (a) All certificates of assumed name filed under former Article 14 of this Chapter expire December 1, 2022, and the provisions of that former Article continue to apply to them until that date except as provided in this section. On or after that date, any […]
§ 66-71.2 – Statement of purpose.
66-71.2. Statement of purpose. The purpose of this Article is to afford the public a means of ascertaining the real name of persons engaging in business in this State under an assumed business name by requiring those persons to register the assumed business name as provided in this Article. (2016-100, s. 2; 2017-23, s. 1.)
§ 66-71.3 – Definitions.
66-71.3. Definitions. The following definitions apply in this Article: (1) Assumed business name. a. In the case of an individual, any name other than a real name of the individual. b. In the case of a partnership other than a limited liability partnership or limited partnership, any name other than a real name of each […]
§ 66-71.4 – Filing of certificate; exception.
66-71.4. Filing of certificate; exception. (a) Before any person engages in business in this State under an assumed business name, the person must file an assumed business name certificate in the office of the register of deeds of the county in which the person is or will be engaged in business. If the person is […]
§ 66-71.5 – Contents of certificate.
66-71.5. Contents of certificate. (a) An assumed business name certificate must include all of the following: (1) The assumed business name, subject to the requirements of subsection (b) of this section. (2) A real name of the person engaging in business under the assumed business name. If the business is a partnership other than a […]
§ 66-71.6 – Execution of certificate.
66-71.6. Execution of certificate. An assumed business name certificate must be executed as follows: (1) In the case of an individual, the certificate must be signed by the individual. (2) In the case of a partnership or limited partnership, the certificate must be signed by a general partner. (3) In the case of a corporation […]
§ 66-71.7 – Amendment of certificate.
66-71.7. Amendment of certificate. Any person that has filed an assumed business name certificate must, within 60 days after a change in any of the information required in the assumed business name certificate, file a certificate of amendment in the office of the register of deeds of the county in which the assumed business name […]
§ 66-71.8 – Withdrawal of assumed business name.
66-71.8. Withdrawal of assumed business name. Any person filing an assumed business name certificate as required by this Article may, upon ceasing to engage in business in this State under the assumed business name, withdraw the assumed business name by filing a certificate of withdrawal in the office of the register of deeds of the […]
§ 66-71.9 – Secretary of State to maintain a centralized, statewide database of assumed business name information.
66-71.9. Secretary of State to maintain a centralized, statewide database of assumed business name information. (a) The Secretary of State shall develop, implement, and maintain a searchable online database of assumed business name information reported under G.S. 66-71.10. The system must allow information to be entered and retrieved from the system by the registers of […]