State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_55D > GS_55D-24

§ 55D‑24.  Registeredname.

(a)        A foreigncorporation, foreign nonprofit corporation, foreign limited liability company,foreign limited partnership, or foreign limited liability partnership mayregister its name, or its name with any addition required by G.S. 55D‑22,if the name to be registered is distinguishable upon the records of theSecretary of State from the names that are not available under G.S. 55D‑21(b).

(b)        An entity describedin subsection (a) of this section registers its name, or its name with anyaddition required by G.S. 55D‑22, by filing with the Secretary of Statean application:

(1)        Setting forth itsname, or its name with any addition required by G.S. 55D‑22, the state orcountry and date of its incorporation or formation, and a brief description ofthe nature of the business or activities in which it is engaged; and

(2)        Accompanied by acertificate of existence (or a document of a similar import) from the state orcountry of incorporation or formation.

(c)        The name isregistered for the applicant's exclusive use upon the effective date of theapplication and until the end of the calendar year in which it becameeffective.

(d)        An entity whoseregistration is effective may renew it for successive years by filing with theSecretary of State a renewal application, which complies with the requirementsof subsection (b) of this section, between October 1 and December 31 of thepreceding year. The renewal application renews the registration for thefollowing calendar year. Any renewal application filed after the expiration ofthe registration shall be treated as a new application for registration.

(e)        An entity whoseregistration is effective may thereafter become authorized to transact businessor conduct affairs under that name or consent in writing to the use of thatname by:

(1)        A domesticcorporation, nonprofit corporation, limited liability company, limitedpartnership, or registered limited liability partnership thereafterincorporated, formed, or registered in this State under that name;

(2)        A domesticcorporation, nonprofit corporation, limited liability company, limitedpartnership, or registered limited liability partnership that changes its nameto that name; or

(3)        Another foreigncorporation, foreign nonprofit corporation, foreign limited liability company,foreign limited partnership, or foreign limited liability partnership thatbecomes authorized to transact business or conduct affairs in this State underthat name.

The registration terminateswhen the domestic corporation, nonprofit corporation, limited liabilitycompany, limited partnership, or registered limited liability partnership isincorporated, formed, registered, or changes its name or the foreigncorporation, foreign nonprofit corporation, foreign limited liability company,foreign limited partnership, or foreign limited liability partnership qualifiesor registers or consents to the qualification or registration of another entityunder the registered name. (1901, c. 2, s. 8; 1903, c. 453; Rev., s. 1137; 1913,c. 5, s. 1; C.S., s. 1114; 1935, cc. 166, 320; 1939, c. 222; G.S., s. 55‑2;1955, c. 1371, s. 1; 1959, c. 1316, s. 28; 1969, c. 751, ss. 4‑6; 1973,c. 469, s. 45.3; 1989, c. 265, s. 1; 2001‑358, ss. 14(b), 15; 2001‑387,ss. 165(a), 165(b), 173, 175(a); 2001‑413, s. 6.)