State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_53 > GS_53-5

§53‑5.  Certificate of incorporation, when certified.

Upon receipt of suchcertificate from the Commissioner of Banks, the Secretary of State shall, ifsaid certificate of incorporation be in accordance with law, cause the same tobe recorded in his office in a book to be kept for that purpose, and known asthe corporation book, and he shall, upon the payment of the organization taxand fees, certify under his official seal two copies of the said certificate ofincorporation and probates, one of which shall forthwith be recorded in theoffice of the register of deeds of the county where the principal office ofsaid corporation in this State shall or is to be located, in a book to be knownas the record of incorporations, and the other certified copy shall be filed inthe office of the Commissioner of Banks, and thereupon the said persons shallbe a body politic and corporate under the name stated in such certificate. Thesaid certificate of incorporation, or a copy thereof, duly certified by theSecretary of State or the register of deeds of the county in which the same isrecorded, or by the Commissioner of Banks, under their respective seals, shallbe evidence in all courts and places, and shall, in all judicial proceedings,be deemed prima facie evidence of the complete organization and incorporationof the company purporting thereby to have been established. The charter of anybank which fails to complete its organization and open for business to thepublic within six months after the date of filing its certificate ofincorporation with the Secretary of State shall be void: Provided, however, theCommissioner of Banks may for cause extend the limitation herein imposed. (1921,c. 4, s. 5; C.S., s. 217(d); 1931, c. 243, s. 5; 1967, c. 823, s. 3.)