North Carolina General Statutes 57D-9-22. Filing of articles of organization and conversion by the converting entity
(a) After a plan of conversion has been approved by the converting entity as provided in N.C. Gen. Stat. § 57D-9-21, the converting entity shall deliver articles of organization and conversion to the Secretary of State for filing. The articles of organization and conversion must contain (i) the information required by N.C. Gen. Stat. § 57D-2-21 and (ii) the following information:
(1) The name, type of entity, and jurisdiction whose law governs the organization and internal affairs of the converting entity immediately before the conversion.
Terms Used In North Carolina General Statutes 57D-9-22
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) A statement that the articles of organization and conversion are being submitted for the purpose of converting the eligible entity into an LLC.
(3) The name the entity will have when the conversion becomes effective.
(4) The mailing address of the converting entity immediately before the conversion and, if different, the mailing address it will have when the conversion becomes effective.
(5) A statement that a plan of conversion has been approved by the converting entity as required by law.
(b) If the plan of conversion is abandoned after the articles of organization and conversion have been delivered to the Secretary of State but before the articles of organization and conversion become effective, the converting entity must deliver to the Secretary of State for filing prior to the time the articles of organization and conversion become effective an amendment withdrawing such articles.
(c) Certificates of conversion must be registered as provided in N.C. Gen. Stat. § 47-18.1 (2013-157, s. 2.)