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Terms Used In North Carolina General Statutes 66-71.11

  • 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
  • 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

(a) The Land Records Management Advisory Committee established under N.C. Gen. Stat. § 147-54.3 may develop forms for the documents required or permitted to be filed by this Article, but their use is not mandatory.

(a1) An Assumed Business Name Certificate that substantially complies with the following form may be used and shall be sufficient to satisfy the requirements of N.C. Gen. Stat. § 66-71.5:

 

“ASSUMED BUSINESS NAME CERTIFICATE (NCGS § 66-71.5)

 

1. The assumed business name is:  _____________________________

(You may include no more than five (5) assumed business names on this form.)

 

2. The real name of the person or entity engaging in business under the assumed business name is:  ___________________________________________________

(Corporations, limited liability companies, limited partnerships must provide the exact name registered with the NC Secretary of State‘s office and the SOSID number assigned at the time of formation.)

 

3. The nature/type of the business is: ___________________________________________

 

4. The street address of the principal place of business is: ___________________________

(Post office boxes are not acceptable.)

 

5. The mailing address, if different from the street address, is: ________________________

 

6. The counties where the assumed business name will be used to engage in business are:

_________________________________ (Can indicate all 100 North Carolina counties)

 

This certificate is signed by the owner/legal representative of the person or entity named above, this ______ day of ____________________, 20______.

 

Signature: __________________________

Printed/Typed Name: ________________

Title: ______________________________”

 

(a2) An Amendment of Assumed Business Name Certificate that substantially complies with the following form may be used and shall be sufficient to satisfy the requirements of N.C. Gen. Stat. § 66-71.7:

 

“AMENDMENT OF ASSUMED BUSINESS NAME CERTIFICATE (NCGS § 66-71.7)

 

1. The assumed business name previously registered is: ________________________________

 

2. The real name of the person or entity engaging in business under the assumed business name is: __________________________ (Corporations, limited liability companies, limited partnerships must provide the exact name registered with the NC Secretary of State’s office and the SOSID number assigned at the time of formation.)

 

3. The book and page number of the initial filing that is being amended is: Book _____, Page _____, _____________ County Registry.

 

4. The identification number assigned to the assumed business name by the Secretary of State (SOSID) is:  _________________________________________

 

5. The current mailing address of the business: __________________________

 

6. The certificate of assumed business name should be amended by changing the following information:

(Check all that apply and provide new information in the space provided below.):

? Change assumed business name

? Add real name of person engaging in business under assumed business name

? Delete real name of person engaging in business under assumed business name

? Change nature of business

? Change street address of principal place of business

? Change mailing address

? Add counties where assumed business name will be used to engage in business

? Delete counties where assumed business name will be used to engage in business

 

7. Provide new information here:

? Add: __________________________________

? Delete:  __________________________________

? Change:  __________________________________

 

This certificate is signed by the owner/legal representative of the person or entity named above, this ______ day of ____________________, 20______.

 

Signature: __________________________

Printed/Typed Name: ________________

Title: _____________________________”

(b) Any person, including the registers of deeds, may make available the forms developed under subsection (a) of this section. The authorization of the use of the forms in subsections (a1) and (a2) of this section does not preclude the use of other forms as long as the form complies with the requirements of N.C. Gen. Stat. § 66-71.5, N.C. Gen. Stat. § 66-71.7, and this Article. (2016-100, s. 2; 2017-23, s. 1; 2019-117, s. 5.)