GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

SESSION LAW 2017-23

HOUSE BILL 228

AN ACT to postpone the implementation of new article 14A of Chapter 66 of the General Statutes, which revised the law on assumed business names, as recommended by the General Statutes Commission.

The General Assembly of North Carolina enacts:

SECTION 1.  The implementation of Article 14A of Chapter 66 of the General Statutes, the Assumed Business Name Act, as enacted by S.L. 2016‑100, is postponed to December 1, 2017. The provisions of former Article 14 of Chapter 66 of the General Statutes shall continue to apply until that time.

SECTION 2.  G.S. 66‑71.15 reads as rewritten:

"§ 66‑71.15.  Expiration of certificates filed under Article 14; transition provisions.

(a)        All certificates of assumed name filed under former Article 14 of this Chapter expire July 1,December 1, 2022, and the provisions of that former Article continue to apply to them until that date except as provided in this section. On or after that date, any person that (i) is listed as an owner of the business in a certificate of assumed name filed under that former Article and (ii) desires to continue engaging in business in this State under the assumed business name after that date must file an assumed business name certificate under this Article.

(b)        At least one person listed as an owner of the business in a certificate of assumed name under former Article 14 of this Chapter must file an assumed business name certificate before the certificate of assumed name expires under subsection (a) of this section if any of the following occur:

(1)        A general partnership would have been required to file a new certificate of assumed name under former G.S. 66‑68(c) due to the withdrawal or addition of a partner.

(2)        Any of the information in the certificate of assumed name required under former G.S. 66‑68(a) has changed, and the person desires to continue engaging in business in this State.

(c)        No person shall file a new certificate of assumed name under former Article 14 of this Chapter on or after July 1,December 1, 2017. Any document or other record filed on or after that date to register an assumed business name is deemed to be filed under this Article, even if it is described as a certificate of assumed name rather than an assumed business name certificate, or if it expressly refers to former Article 14 of this Chapter.

(d)       A person that filed a certificate of assumed name that has not expired may withdraw the assumed name under the provisions of former G.S. 66‑68(f). Any such withdrawal is deemed to be a withdrawal under former G.S. 66‑68(f), even if it is described as a withdrawal under this Article.

(e)        No person shall file a certificate of amendment under this Article to a certificate of assumed name filed under former Article 14 of this Chapter. If any such amendment is nevertheless filed, it is not effective as a certificate of amendment or as an assumed business name certificate under this Article.

(f)        The register of deeds shall not transmit a scanned image to the Secretary of State, or enter any of the information required by G.S. 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,December 1, 2017.

(g)        Other than this section, this Article does not apply to a certificate of assumed name or a withdrawal of an assumed name under former Article 14 of this Chapter."

SECTION 3.  The introductory language of Section 3(b) of S.L. 2016‑100 reads as rewritten:

"SECTION 3.(b)  Effective July 1, 2021,December 1, 2022, G.S. 1‑69.1(a)(3), as amended by this section, reads as rewritten:"

SECTION 4.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 24^th day of May, 2017.

                                                                    s/  Bill Rabon

                                                                         Presiding Officer of the Senate

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives

                                                                    s/  Roy Cooper

                                                                         Governor

Approved 9:37 a.m. this 2^nd day of June, 2017