§55A‑15‑02. Consequences of conducting affairs without authority.
(a) No foreigncorporation conducting affairs 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) 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 conducted affairs in this State withouta certificate of authority in an amount equal to all fees and taxes which wouldhave been imposed by law upon the corporation had it duly applied for andreceived such permission, plus interest and all penalties imposed by law forfailure to pay such fees and taxes. In addition, the foreign corporation shallbe liable for a civil penalty of ten dollars ($10.00) for each day, but not toexceed a total of one thousand dollars ($1,000) for each year or part thereof,it conducts affairs in this State without a certificate of authority. TheAttorney General may bring actions to recover all amounts due the State underthe provisions of this subsection. The clear proceeds of civil penaltiesprovided for in this subsection shall be remitted to the Civil Penalty andForfeiture Fund in accordance with G.S. 115C‑457.2.
(c) Notwithstandingsubsection (a) of this section, the failure of a foreign corporation to obtaina certificate of authority does not impair the validity of its corporate actsor prevent it from defending any proceeding in this State.
(d) The Secretary ofState is hereby directed to require that every foreign corporation conductingaffairs in this State comply with the provisions of this Chapter. The Secretaryof State is authorized to employ such assistants as shall be deemed necessaryin the Secretary of State's office for the purpose of enforcing the provisionsof this Article and for making such investigations as shall be necessary toascertain foreign corporations now conducting affairs in this State which mayhave failed to comply with the provisions of this Chapter. (1955,c. 1230; 1993, c. 398, s. 1; 1998‑215, s. 118; 1999‑151, s. 2.)
§55A‑15‑02. Consequences of conducting affairs without authority.
(a) No foreigncorporation conducting affairs 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) 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 conducted affairs in this State withouta certificate of authority in an amount equal to all fees and taxes which wouldhave been imposed by law upon the corporation had it duly applied for andreceived such permission, plus interest and all penalties imposed by law forfailure to pay such fees and taxes. In addition, the foreign corporation shallbe liable for a civil penalty of ten dollars ($10.00) for each day, but not toexceed a total of one thousand dollars ($1,000) for each year or part thereof,it conducts affairs in this State without a certificate of authority. TheAttorney General may bring actions to recover all amounts due the State underthe provisions of this subsection. The clear proceeds of civil penaltiesprovided for in this subsection shall be remitted to the Civil Penalty andForfeiture Fund in accordance with G.S. 115C‑457.2.
(c) Notwithstandingsubsection (a) of this section, the failure of a foreign corporation to obtaina certificate of authority does not impair the validity of its corporate actsor prevent it from defending any proceeding in this State.
(d) The Secretary ofState is hereby directed to require that every foreign corporation conductingaffairs in this State comply with the provisions of this Chapter. The Secretaryof State is authorized to employ such assistants as shall be deemed necessaryin the Secretary of State's office for the purpose of enforcing the provisionsof this Article and for making such investigations as shall be necessary toascertain foreign corporations now conducting affairs in this State which mayhave failed to comply with the provisions of this Chapter. (1955,c. 1230; 1993, c. 398, s. 1; 1998‑215, s. 118; 1999‑151, s. 2.)
§55A‑15‑02. Consequences of conducting affairs without authority.
(a) No foreigncorporation conducting affairs 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) 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 conducted affairs in this State withouta certificate of authority in an amount equal to all fees and taxes which wouldhave been imposed by law upon the corporation had it duly applied for andreceived such permission, plus interest and all penalties imposed by law forfailure to pay such fees and taxes. In addition, the foreign corporation shallbe liable for a civil penalty of ten dollars ($10.00) for each day, but not toexceed a total of one thousand dollars ($1,000) for each year or part thereof,it conducts affairs in this State without a certificate of authority. TheAttorney General may bring actions to recover all amounts due the State underthe provisions of this subsection. The clear proceeds of civil penaltiesprovided for in this subsection shall be remitted to the Civil Penalty andForfeiture Fund in accordance with G.S. 115C‑457.2.
(c) Notwithstandingsubsection (a) of this section, the failure of a foreign corporation to obtaina certificate of authority does not impair the validity of its corporate actsor prevent it from defending any proceeding in this State.
(d) The Secretary ofState is hereby directed to require that every foreign corporation conductingaffairs in this State comply with the provisions of this Chapter. The Secretaryof State is authorized to employ such assistants as shall be deemed necessaryin the Secretary of State's office for the purpose of enforcing the provisionsof this Article and for making such investigations as shall be necessary toascertain foreign corporations now conducting affairs in this State which mayhave failed to comply with the provisions of this Chapter. (1955,c. 1230; 1993, c. 398, s. 1; 1998‑215, s. 118; 1999‑151, s. 2.)
