AN ACT TO CLARIFY THE STANDARDS AND REQUIREMENTS FOR THE REGISTRATION OF CERTAIN LAND RECORDS WITH THE REGISTER OF DEEDS, TO MAKE CHANGES TO THE PROHIBITION ON FILING FALSE LIENS OR ENCUMBRANCES, AND TO PROVIDE SUGGESTED FORMS FOR THE REGISTRATION OF ASSUMED BUSINESS NAMES. SL 2019-117. Enacted July 11, 2019. Section 3 is effective December 1, 2019. The remainder is effective October 1, 2019.
Summary date: Jul 11 2019 - View Summary
Summary date: Jun 24 2019 - View Summary
House committee substitute to the 1st edition makes the following change.
Amends GS 66-71.5 to prohibit a person from including in an assumed business name the terms "corporation," "incorporated," "corp.," or "inc.," unless the entity is a corporation organized under GS Chapters 55 or 55A (was, GS Chapter 55 only).
Summary date: Apr 5 2019 - View Summary
Amends GS 161-14 by amending the size of the margins for paper used to record instruments presented for registration.
Amends GS 161-30 by adding that maps or instruments submitted to a register of deeds electronically for registration are not required to contain on its face the name and address of the person to whom the item is to be returned. The register of deeds is not required to return the item but may do so in accordance with an authorizing agreement. Makes conforming changes.
Amends GS 14-118.6 to make it illegal to present for filing or recording a false lien or encumbrance against the real or personal property of an owner or beneficial interest holder (was, against the real or personal property of a public officer, public employee, or an immediate family member of the public officer or public employee on account of the performance of the public officer or public employee's official duties). Makes a conforming deletion. Provides that if a register of deeds has a reasonable suspicion that an instrument purposed to be a lien or encumbrance is materially false, fictitious, or fraudulent, the register of deeds may refuse to record the purposed lien or encumbrance. Makes conforming and clarifying changes. Requires that the party submitting an instrument pay the filing fee. Specifies that the presentation of an instrument for recording or filing with a register of deeds or clerk of superior court that purports to be a lien or encumbrance that is determined to be materially false, fictitious, or fraudulent is a violation of GS 75-1.1. Effective December 1, 2019.
Amends GS 66-71.5 by adding specified terms that a person may not include in an assumed business name. Makes conforming changes to the requirements for an assumed business name certificate.
Amends GS 66-71.11 by setting out a form for an assumed business name certificate, and allows a form that complies with the set out form to be sufficient to satisfy the requirements for the certificate's content.
Unless otherwise indicated, effective October 1, 2019.
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