North Carolina General Statutes 66-262. Filing information
(a) Each filing submitted to the Secretary shall contain all of the following information:
(1) The name or names, including any assumed business names, under which the telephonic seller is doing or intends to do business in this State.
Terms Used In North Carolina General Statutes 66-262
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Principal: means an owner, an executive officer of a corporation, a general partner of a partnership, a sole proprietor of a sole proprietorship, a trustee of a trust, or any other individual with similar supervisory functions with respect to any person. See North Carolina General Statutes 66-260
- Room operator: means any principal, employee, or agent responsible for the operational management and supervision of facilities from which telephonic sales calls are made or received. See North Carolina General Statutes 66-260
- Secretary: means the Office of the Secretary of State. See North Carolina General Statutes 66-260
- seller: means a person who, directly or through salespersons, causes a telephone solicitation or attempted telephone solicitation to occur. See North Carolina General Statutes 66-260
- 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
- Venue: The geographical location in which a case is tried.
(2) The telephonic seller’s business form and place of organization and, if the seller is a corporation, copies of its articles of incorporation and bylaws and amendments thereto, or if a partnership, a copy of the partnership agreement.
(3) Complete street address of the telephonic seller’s principal place of business.
(4) The complete street address of each location from which telephone solicitations are placed by the telephonic seller.
(5) A listing of all telephone numbers to be used by the telephonic seller, including area codes, and the complete street address of the business premises served by each number.
(6) The name and title of each principal.
(7) The complete street address of the residence, the date of birth, and the social security number of each principal.
(8) The true name, street address, date of birth, and the social security number of each room operator, together with the room operator’s full employment history during the preceding two years.
(9) The name and address of all banks or savings institutions where the telephonic seller maintains deposit accounts.
(10) The name and address of each long-distance telephone carrier used by the telephonic seller.
(11) A summary of each civil or criminal proceeding brought against the telephonic seller, any of its principals, or any of its room operators during the preceding five years by federal, State, or local officials relating to telephonic sales practices of each. The summary shall include the date each action was commenced, the criminal or civil charges alleged, the case caption, the court file number, the court venue, and the disposition of the action. For purposes of this section, a “civil proceeding includes” means assurances of voluntary compliance, assurances of discontinuance, consent judgments, and similar agreements executed with federal, State, or local officials.
(b) For purposes of this section, “street address” does not include a private mail service address. (1997-482, s. 1; 2016-100, s. 9.)