§57C‑7‑03. Consequences of transacting business without authority.
(a) No foreign limitedliability company transacting business in this State without permissionobtained through a certificate of authority under this Chapter shall bepermitted to maintain any action or proceeding in any court of this Stateunless the foreign limited liability company shall have obtained a certificateof authority prior to trial. An issue arising under this subsection must beraised by motion and determined by the trial judge prior to trial.
(b) A foreign limitedliability company failing to obtain a certificate of authority as required bythis Chapter shall be liable to the State for the years or parts thereof duringwhich it transacted business in this State without a certificate of authorityin an amount equal to all fees and taxes which would have been imposed by lawupon the foreign limited liability company had it duly applied for and receivedsuch permission, plus interest and all penalties imposed by law for failure topay such fees and taxes. In addition, the foreign limited liability companyshall be liable for a civil penalty of ten dollars ($10.00) for each day, butnot to exceed a total of one thousand dollars ($1,000) for each year or partthereof, it transacts business in this State without a certificate ofauthority. 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.
(c) Notwithstandingsubsection (a) of this section, the failure of a foreign limited liabilitycompany to obtain a certificate of authority does not impair the validity ofits acts or prevent it from defending any proceeding in this State.
(d) The Secretary ofState is directed to require that every foreign limited liability companytransacting business in this State comply with the provisions of this Chapter.The Secretary of State may 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 limited liability companies transacting business in thisState that may have failed to comply with the provisions of this Chapter. (1993,c. 354, s. 1; 1998‑215, s. 119.)
§57C‑7‑03. Consequences of transacting business without authority.
(a) No foreign limitedliability company transacting business in this State without permissionobtained through a certificate of authority under this Chapter shall bepermitted to maintain any action or proceeding in any court of this Stateunless the foreign limited liability company shall have obtained a certificateof authority prior to trial. An issue arising under this subsection must beraised by motion and determined by the trial judge prior to trial.
(b) A foreign limitedliability company failing to obtain a certificate of authority as required bythis Chapter shall be liable to the State for the years or parts thereof duringwhich it transacted business in this State without a certificate of authorityin an amount equal to all fees and taxes which would have been imposed by lawupon the foreign limited liability company had it duly applied for and receivedsuch permission, plus interest and all penalties imposed by law for failure topay such fees and taxes. In addition, the foreign limited liability companyshall be liable for a civil penalty of ten dollars ($10.00) for each day, butnot to exceed a total of one thousand dollars ($1,000) for each year or partthereof, it transacts business in this State without a certificate ofauthority. 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.
(c) Notwithstandingsubsection (a) of this section, the failure of a foreign limited liabilitycompany to obtain a certificate of authority does not impair the validity ofits acts or prevent it from defending any proceeding in this State.
(d) The Secretary ofState is directed to require that every foreign limited liability companytransacting business in this State comply with the provisions of this Chapter.The Secretary of State may 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 limited liability companies transacting business in thisState that may have failed to comply with the provisions of this Chapter. (1993,c. 354, s. 1; 1998‑215, s. 119.)
§57C‑7‑03. Consequences of transacting business without authority.
(a) No foreign limitedliability company transacting business in this State without permissionobtained through a certificate of authority under this Chapter shall bepermitted to maintain any action or proceeding in any court of this Stateunless the foreign limited liability company shall have obtained a certificateof authority prior to trial. An issue arising under this subsection must beraised by motion and determined by the trial judge prior to trial.
(b) A foreign limitedliability company failing to obtain a certificate of authority as required bythis Chapter shall be liable to the State for the years or parts thereof duringwhich it transacted business in this State without a certificate of authorityin an amount equal to all fees and taxes which would have been imposed by lawupon the foreign limited liability company had it duly applied for and receivedsuch permission, plus interest and all penalties imposed by law for failure topay such fees and taxes. In addition, the foreign limited liability companyshall be liable for a civil penalty of ten dollars ($10.00) for each day, butnot to exceed a total of one thousand dollars ($1,000) for each year or partthereof, it transacts business in this State without a certificate ofauthority. 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.
(c) Notwithstandingsubsection (a) of this section, the failure of a foreign limited liabilitycompany to obtain a certificate of authority does not impair the validity ofits acts or prevent it from defending any proceeding in this State.
(d) The Secretary ofState is directed to require that every foreign limited liability companytransacting business in this State comply with the provisions of this Chapter.The Secretary of State may 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 limited liability companies transacting business in thisState that may have failed to comply with the provisions of this Chapter. (1993,c. 354, s. 1; 1998‑215, s. 119.)
