AN ACT AMENDING THE NAME CHANGE STATUTE TO INCLUDE A CRIMINAL RECORD CHECK AND OTHER REQUIREMENTS BEFORE THE CLERK OF SUPERIOR COURT MAY GRANT OR DENY A NAME CHANGE APPLICATION. Summarized in Daily Bulletin 4/7/11, 5/23/11, and 5/24/11. Enacted June 24, 2011. Effective June 24, 2011.
Summary date: Jun 30 2011 - View summary
Summary date: May 24 2011 - View summary
House amendment makes the following changes to 2nd edition. Amends proposed GS 101-5(a) to remove a statement of whether or not an applicant has been adjudicated a bankrupt or is subject to a current judgment from the list of required submissions by name change applicants. Makes a conforming change. Clarifies that the act is effective when it becomes law.
Summary date: May 23 2011 - View summary
House committee substitute makes the following changes to 1st edition. Adds new subsection (g) to GS 101-5 to authorize the clerk of superior court (clerk), upon learning of fraud or material misrepresentation in the application for a name change, to set aside the order granting the name change on the clerk’s own motion after providing notice and an opportunity to be heard to the name change applicant. Directs the clerk to notify the State Registrar of Vital Statistics and the Division of Criminal Information if the name change order is set aside.
Summary date: Apr 7 2011 - View summary
Amends GS 101-5 to require additional information be submitted to the clerk of court from a person desiring a name change, including information from the person’s birth certificate, certified results of an official state and national criminal history record check, and a sworn statement concerning the person’s residence, involvement with bankruptcy proceedings, and outstanding tax or child support obligations. Requires clerk to forward an order granting a name change to the Division of Criminal Information at the State Bureau of Investigation. Creates process for the issuance of a denial of the requested name change by the clerk and for the appeal of such a denial by the applicant to the chief resident superior court judge within 30 days of the denial. Mandates that applicants who unsuccessfully appeal a denial must wait at least 12 months before submitting a new application.