§ 55‑15‑02. Consequences of transacting business without authority.
(a) No foreigncorporation transacting business in this State without permission obtainedthrough a certificate of authority under this Chapter or through domesticationunder prior acts shall be permitted to maintain any action or proceeding in anycourt of this State unless the foreign corporation has obtained a certificateof authority prior to trial.
An issue arising under thissubsection must be raised by motion and determined by the trial judge prior totrial.
(b) Reserved for futurecodification purposes.
(c) Reserved for futurecodification purposes.
(d) A foreigncorporation failing to obtain a certificate of authority as required by thisChapter or by prior acts then applicable shall be liable to the State for theyears or parts thereof during which it transacted business in this Statewithout a certificate of authority in an amount equal to all fees and taxeswhich would have been imposed by law upon such corporation had it duly appliedfor and received such permission, plus interest and all penalties imposed bylaw for failure to pay such fees and taxes. In addition, the foreigncorporation shall be liable for a civil penalty of ten dollars ($10.00) foreach day, but not to exceed a total of one thousand dollars ($1,000) for eachyear or part thereof, it transacts business in this State without a certificateof authority. The Attorney General may bring actions to recover all amounts duethe State under the provisions of this subsection.
The clear proceeds of civilpenalties provided for in this subsection shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(e) Notwithstandingsubsection (a), the failure of a foreign corporation to obtain a certificate ofauthority does not impair the validity of its corporate acts or prevent it fromdefending any proceeding in this State.
(f) The Secretary ofState is hereby directed to require that every foreign corporation transactingbusiness in this State comply with the provisions of this Chapter. TheSecretary of State is authorized to employ such assistants as shall be deemednecessary in his office for the purpose of enforcing the provisions of thisArticle and for making such investigations as shall be necessary to ascertainforeign corporations now transacting business in this State which may havefailed to comply with the provisions of this Chapter. (1901,c. 2, s. 57; 1903, c. 76; Rev., s. 1194; 1915, c. 263; C.S., s. 1181; 1935, c.44; 1937, c. 343; 1939, c. 57; G.S., ss. 55‑118, 55‑120; 1953, c.1152; 1955, c. 1371, s. 1; 1989, c. 265, s. 1; 1998‑215, s. 117; 1999‑151,s. 1.)
§ 55‑15‑02. Consequences of transacting business without authority.
(a) No foreigncorporation transacting business in this State without permission obtainedthrough a certificate of authority under this Chapter or through domesticationunder prior acts shall be permitted to maintain any action or proceeding in anycourt of this State unless the foreign corporation has obtained a certificateof authority prior to trial.
An issue arising under thissubsection must be raised by motion and determined by the trial judge prior totrial.
(b) Reserved for futurecodification purposes.
(c) Reserved for futurecodification purposes.
(d) A foreigncorporation failing to obtain a certificate of authority as required by thisChapter or by prior acts then applicable shall be liable to the State for theyears or parts thereof during which it transacted business in this Statewithout a certificate of authority in an amount equal to all fees and taxeswhich would have been imposed by law upon such corporation had it duly appliedfor and received such permission, plus interest and all penalties imposed bylaw for failure to pay such fees and taxes. In addition, the foreigncorporation shall be liable for a civil penalty of ten dollars ($10.00) foreach day, but not to exceed a total of one thousand dollars ($1,000) for eachyear or part thereof, it transacts business in this State without a certificateof authority. The Attorney General may bring actions to recover all amounts duethe State under the provisions of this subsection.
The clear proceeds of civilpenalties provided for in this subsection shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(e) Notwithstandingsubsection (a), the failure of a foreign corporation to obtain a certificate ofauthority does not impair the validity of its corporate acts or prevent it fromdefending any proceeding in this State.
(f) The Secretary ofState is hereby directed to require that every foreign corporation transactingbusiness in this State comply with the provisions of this Chapter. TheSecretary of State is authorized to employ such assistants as shall be deemednecessary in his office for the purpose of enforcing the provisions of thisArticle and for making such investigations as shall be necessary to ascertainforeign corporations now transacting business in this State which may havefailed to comply with the provisions of this Chapter. (1901,c. 2, s. 57; 1903, c. 76; Rev., s. 1194; 1915, c. 263; C.S., s. 1181; 1935, c.44; 1937, c. 343; 1939, c. 57; G.S., ss. 55‑118, 55‑120; 1953, c.1152; 1955, c. 1371, s. 1; 1989, c. 265, s. 1; 1998‑215, s. 117; 1999‑151,s. 1.)
§ 55‑15‑02. Consequences of transacting business without authority.
(a) No foreigncorporation transacting business in this State without permission obtainedthrough a certificate of authority under this Chapter or through domesticationunder prior acts shall be permitted to maintain any action or proceeding in anycourt of this State unless the foreign corporation has obtained a certificateof authority prior to trial.
An issue arising under thissubsection must be raised by motion and determined by the trial judge prior totrial.
(b) Reserved for futurecodification purposes.
(c) Reserved for futurecodification purposes.
(d) A foreigncorporation failing to obtain a certificate of authority as required by thisChapter or by prior acts then applicable shall be liable to the State for theyears or parts thereof during which it transacted business in this Statewithout a certificate of authority in an amount equal to all fees and taxeswhich would have been imposed by law upon such corporation had it duly appliedfor and received such permission, plus interest and all penalties imposed bylaw for failure to pay such fees and taxes. In addition, the foreigncorporation shall be liable for a civil penalty of ten dollars ($10.00) foreach day, but not to exceed a total of one thousand dollars ($1,000) for eachyear or part thereof, it transacts business in this State without a certificateof authority. The Attorney General may bring actions to recover all amounts duethe State under the provisions of this subsection.
The clear proceeds of civilpenalties provided for in this subsection shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(e) Notwithstandingsubsection (a), the failure of a foreign corporation to obtain a certificate ofauthority does not impair the validity of its corporate acts or prevent it fromdefending any proceeding in this State.
(f) The Secretary ofState is hereby directed to require that every foreign corporation transactingbusiness in this State comply with the provisions of this Chapter. TheSecretary of State is authorized to employ such assistants as shall be deemednecessary in his office for the purpose of enforcing the provisions of thisArticle and for making such investigations as shall be necessary to ascertainforeign corporations now transacting business in this State which may havefailed to comply with the provisions of this Chapter. (1901,c. 2, s. 57; 1903, c. 76; Rev., s. 1194; 1915, c. 263; C.S., s. 1181; 1935, c.44; 1937, c. 343; 1939, c. 57; G.S., ss. 55‑118, 55‑120; 1953, c.1152; 1955, c. 1371, s. 1; 1989, c. 265, s. 1; 1998‑215, s. 117; 1999‑151,s. 1.)
