ASSUMED BUS.NAME/IC CONTEMPT/PARKS (NEW).

View NCGA Bill Details2015-2016 Session
Senate Bill 124 (Public) Filed Wednesday, February 25, 2015
AN ACT TO MODERNIZE THE LAW GOVERNING THE USE OF ASSUMED BUSINESS NAMES AND TO MAKE RELATED CONFORMING AND TECHNICAL AMENDMENTS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, TO CLARIFY HOW THE INDUSTRIAL COMMISSION REFERS MATTERS OF INDIRECT CRIMINAL CONTEMPT TO THE DISTRICT COURT, TO REMOVE CERTAIN PROPERTY FROM THE STATE NATURE AND HISTORIC PRESERVE, AND TO AUTHORIZE THE DELETION OF VARIOUS PROPERTIES FROM THE STATE PARKS SYSTEM.
Intro. by Hartsell.

Status: Ch. SL 2016-100 (Senate Action) (Jul 18 2016)

SOG comments (2):

Long title change

Senate committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO MODERNIZE THE LAW GOVERNING THE USE OF ASSUMED BUSINESS NAMES, TO APPROPRIATE FUNDS FOR THE PURPOSE, AND TO MAKE RELATED CONFORMING AND TECHNICAL AMENDMENTS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

Long title change

House committee substitute to the 3rd edition changed the long title. Previous long title was AN ACT TO MODERNIZE THE LAW GOVERNING THE USE OF ASSUMED BUSINESS NAMES AND TO MAKE RELATED CONFORMING AND TECHNICAL AMENDMENTS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION.

Bill History:

S 124/S.L. 2016-100

Bill Summaries:

  • Summary date: Jul 20 2016 - More information

    AN ACT TO MODERNIZE THE LAW GOVERNING THE USE OF ASSUMED BUSINESS NAMES AND TO MAKE RELATED CONFORMING AND TECHNICAL AMENDMENTS, AS RECOMMENDED BY THE GENERAL STATUTES COMMISSION, TO CLARIFY HOW THE INDUSTRIAL COMMISSION REFERS MATTERS OF INDIRECT CRIMINAL CONTEMPT TO THE DISTRICT COURT, TO REMOVE CERTAIN PROPERTY FROM THE STATE NATURE AND HISTORIC PRESERVE, AND TO AUTHORIZE THE DELETION OF VARIOUS PROPERTIES FROM THE STATE PARKS SYSTEM. Enacted July 18, 2016. Sections 1 through 9 are effective July 1, 2017, and are effective only if funds are appropriated in 2016 to implement the provisions of GS 66-71.9, as enacted by this act. Section 10 is effective October 1, 2016. Section 11 is effective July 18, 2016.


  • Summary date: Jun 21 2016 - More information

    House committee substitute makes the following changes to the 3rd edition.

    Amends the act's long and short titles.

    Amends proposed GS 66-71.3, definitions, to define assumed business name, in the case of an individual, to mean any name other than a real name of the individual (previously, other than the real name of the individual). Clarifies that the assumed business name, in the case of a partnership other than a limited liability partnership or limited partnership, means any name other than a real name of each of the general partners of the partnership (previously, any name other than the real names of all the general partners of the partnership). Defines assumed business name, in the case of any other person, to mean any name other than a real name of the person (previously, other than the real name of a person). Makes conforming changes to proposed GS 66-71.5(2) (concerning the required contents of an assumed business name certificate), proposed GS 66-71.7(1) (concerning the amendment of a certificate), and proposed GS 66-71.8 (concerning the withdrawal of an assumed business name).

    Amends proposed GS 66-71.4, concerning the filing of a certificate, by deleting the language of subsection (b). Instead, provides that a person who engages in business in the State under more than one assumed business name must file an assumed business name certificate for each assumed business name. Prohibits a person from including more than five assumed business names for one assumed business name certificate if the same person is or will be engaging in business under each of the assumed business names listed on the certificate. Adds new subsection (c) to establish that proposed Article 14A (Assumed Business Name Act) of GS Chapter 66 does not apply to a political committee or a referendum committee that has filed a statement of organization with the State Board of Elections or a county board of elections as required by GS 163-278.7 (appointment of political treasurers) or GS 163-278.9A (statements filed by referendum committees), as applicable.

    Amends proposed GS 66-71.5 to require an assumed business name certificate to include the nature of the business (previously, the type of business).

    Amends proposed GS 66-71.6, concerning the execution of the certificate, to require that, in the case of a corporation or limited liability company, the certificate must be signed in the name of the corporation or limited liability company (1) by an officer of the corporation or a manager of the limited liability company or (2) by another individual authorized by law to act for the corporation or limited liability company (previously, only provided that the certificate must be signed in the name of the person by an individual authorized to act for the person).

    Amends proposed GS 66-71.14, concerning the consequences of signing a false certificate or violating new Article 14A, to delete the provision of proposed subsection (b) that allows expenses to be awarded in a civil action, and instead adds the following. Provides that, notwithstanding subsection (b), a person is not liable for expenses caused by an error or ambiguity in describing the nature of the business in an assumed business name certificate under proposed GS 66-71.5 or a certificate of amendment under proposed GS 66-71.7.

    Amends proposed GS 66-71.15(a) to provide that all certificates of assumed name filed under former Article 14 of GS Chapter 66 expire July 1, 2022 (previously, July 1, 2021). Amends proposed subsection (c) to provide that no person can file a new certificate of assumed name under former Article 14 of GS Chapter 66 on or after July 1, 2017 (previously, July 1, 2016). Amends proposed subsection (f) to prohibit the register of deeds from transmitting a scanned image to the Secretary of State, or enter any of the information required by proposed GS 66‑71.10 into the central database maintained by the Secretary of State, of any withdrawal or transfer of an assumed name or any amendment to a certificate of assumed name when the certificate of assumed name to which the withdrawal, transfer, or amendment relates was filed before July 1, 2017 (previously, July 1, 2016).

    Changes the effective date for Sections 1-9 of the act to July 1, 2017 (previously, July 1, 2016), and provides that Sections 1-9 do not affect a civil action or proceeding commenced or a right accrued before July 1, 2017 (previously July 1, 2016). Additionally, provides that Sections 1-9 become effective only if funds are appropriated by the 2015 General Assembly, 2016 Regular Session, to implement the provisions of GS 66-71.9, as enacted by Section 2. Section 10 is effective October 1, 2016, and applies to proceedings for indirect criminal contempt filed on or after that date.

    Amends GS 97-80(h) by adding that to initiate plenary proceedings in district court for indirect criminal contempt, the Industrial Commission must issue and file an order to appear and show cause and, if appropriate, an order for arrest.  Effective October 1, 2016.

    Enacts GS 143-260.10H to remove the parcel specified in Gorges State Park from the State Nature and Historic Preserve, and delete the specified parcel from the State Parks System pursuant to GS 143B-135.54. Establishes that the State may only exchange the specified parcel for other property for the expansion of Gorges State Park or sell the land and use the proceeds for that purpose. Prohibits the State from otherwise selling or exchanging the specified parcel.

    Enacts GS 143-260.10I to remove the parcel specified in Jockey's Ridge State Park from the State Nature and Historic Preserve.

    Enacts GS 143-260-10J to remove the parcel specified in Mitchells Millpond State Natural Area from the State Nature and Historic Preserve and delete the specified parcel from the State Parks System pursuant to GS 143B-135.54. Establishes that the State may only exchange the specified parcel for other property for the expansion of Mitchells Millpond State Natural Area or sell the land and use the proceeds for that purpose. Prohibits the State from otherwise selling or exchanging the specified parcel.

    Authorizes the deletion of three parcels, as specified in Section 11(a) of the act, from the State Parks System, pursuant to GS 143B-135.54.  Establishes that the State may only exchange the specified parcel for other property for the expansion of Hanging Rock State Park or sell the land and use the proceeds for that purpose. Prohibits the State from otherwise selling or exchanging the specified parcel.


  • Summary date: Apr 29 2015 - More information

    Senate amendment makes the following changes to the 2nd edition.

    Deletes GS 66-71.4(c) which provided that a limited liability partnership, limited partnership, limited liability company, or corporation engaging in business under its real name with the legal entity designation omitted, was not required to file an assumed business name certificate.


  • Summary date: Apr 28 2015 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Deletes the appropriation of $214,535 to the Department of the Secretary of State. Makes conforming changes to the effective date provisions.


  • Summary date: Feb 27 2015 - More information

    Repeals GS Chapter 66, Article 14, which regulated business under an assumed name. Enacts new GS Chapter 66, Article 14A, creating the "Assumed Business Name Act. State the purpose of the new Article as giving the public a way to ascertain the real names of persons engaging in business in this State under an assumed business name by requiring those persons to register the assumed business name. Defines assumed business and persons for use in the article.

    Requires a person engaging in business in eh state under assumed business name to, before engaging in business, file an assumed business name certificate (certificate) in the office of the register of deeds of the county in which the person is or will be engaged in business; requires a separate certificate to be filed for each assumed business name under which a person engages in business. Exempts a limited liability partnership, limited partnership, limited liability company, or corporation that engages in business under a name that is its real name with the legal entity designation required by GS 55D‑20 from the certificate requirement. Sets out information that must be included in the certificate, including the real name of the person engaging in business under the assumed business name; and the street address of the principal place of business.

    Sets out the procedure for executing the certificate, detailing who must sign the certificate according to the organization of the business. Requires the certificate to be amended within 60 days after a change in any of the information required in the assumed business name certificate; specifies the content of and procedure for filing the amendment. Allows the certificate to be withdrawn upon ceasing to engage in business in this State under the assumed business name; sets out the withdraw procedure.

    Requires the Secretary of State to develop, implement, and maintain a searchable online database of assumed business name information. Requires the system to allow information to be entered and retrieved from the system by the registers of deeds and be available for searches by the public.

    Requires the register of deeds of each county to index, in accordance with GS Chapter 161 Article 2, every assumed business name with respect to which an assumed business name certificate, a certificate of amendment, or a certificate of withdrawal has been filed in that county. Also requires the register of deeds to transmit scanned images of the certificate to the Secretary of State no later than 30 days after the date a certificate if filed and to enter specified information into the central database.

    Allows the Land Records Management Advisory Committee to develop forms for the documents required or permitted to be filed by this Article, but states that their use is not mandatory.

    Provides that a copy of a certificate filed under this Article that is 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.

    Makes it a Class 1 misdemeanor for a person to sign a certificate knowing it is false in any material respect with the intent that the certificate be delivered to the register of deeds for filing. Makes a person failing to file an assumed business name certificate or a certificate of amendment liable to any person injured by the failure for the reasonable expenses, including attorneys' fees, incurred by the person in ascertaining, for a reasonable purpose, the information required to be stated in the assumed business name certificate or certificate of amendment.

    Sets all certificates of assumed name filed under repealed Article 14 to of expire July 1, 2021, and provides that the provisions of that former Article continue to apply to them until that date except as specified in the statute. Requires at least one person listed as an owner of the business in a certificate of assumed name under repealed Article 14 to file an assumed business name certificate before the certificate of assumed name expires if: (1) a general partnership would have been required to file a new certificate of assumed name under former GS 66‑68(c) due to the withdrawal or addition of a partner; or (2) any of the information in the certificate of assumed name required under former GS 66‑68(a) has changed and the person desires to continue engaging in business in this State. Prohibits filing a new certificate of assumed name under repealed Article 14 on or after July 1, 2016. Allows a person that filed a certificate of assumed name that has not expired to withdraw the assumed name under the provisions of former GS 66‑68(f).Prohibits filing a certificate of amendment under the new Article to a certificate of assumed name filed under the repealed Article. Prohibits the register of deeds from transmitting a scanned image to the Secretary of State, or enter any of the information required by GS 66‑71.10 into the central database maintained by the Secretary of State, of any withdrawal or transfer of an assumed name or any amendment to a certificate of assumed name when the certificate of assumed name to which the withdrawal, transfer, or amendment relates was filed before July 1, 2016.

    Amends GS 1‑69.1 (Unincorporated associations and partnerships; suit by or against) to make clarifying changes. Also requires any unincorporated association, organization, society, or general partnership bringing a suit in the name by which it is commonly known and called to allege that it has filed an assumed business name certificate (filed under either the repealed or new article, as applicable). Effective July 1, 2021, further amends GS 1‑69.1 to remove references to the repealed article.

    Amends GS 53‑208.7(a) to make clarifying changes, referring to assumed business name instead of assumed trade name.

    Amends GS 55D‑20(d) to provide that the use of assumed business names or fictitious names, is not affected by GS Chapter 55, 55A, 55D, 57D, or 59.

    Amends GS 58‑70‑5 to make clarifying changes. Also requires any person, firm, corporation or association desiring to secure a permit to operate a collection agency business, to include on their permit application, in addition to the already required information, if an assumed business name is used, certificates showing that the assumed business name has been filed as required by Article 14A of GS Chapter 66 (deleting requirements concerning the use of a trade name). Makes organizational and conforming changes to the statute. ;

    Amends GS 59‑84.1 and GS 62‑115 to update article references to new Article 14Aa and make clarifying changes. Makes clarifying changes to GS 66‑262.

    Appropriates $214,535 for the 2015‑16 fiscal year from the General Fund to the Department of Secretary of State to develop and implement the database required in new GS 66‑71.9. Effective July 1, 2015.

    Unless otherwise indicated, effective July 1, 2016. Specifies that this act does not affect a civil action or proceeding commenced or a right accrued before July 1, 2016.


  • Summary date: Feb 25 2015 - More information

    To be summarized.


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