NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 823

SENATE BILL 471

 

 

AN ACT TO PROVIDE FOR FILING CERTIFICATES OF INCORPORATION AND RELATED BUSINESS DOCUMENTS WITH THE REGISTER OF DEEDS; TO TRANSFER SUCH EXISTING RECORDS FROM THE OFFICES OF CLERKS OF THE SUPERIOR COURT TO THE OFFICES OF REGISTERS OF DEEDS; AND FOR OTHER PURPOSES.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 2-26 is amended by deleting the words "Recording certificates of incorporation of corporations, three dollars." and by deleting the words "Recording corporation or amendment to corporate certificates ……… $3.00 first 4 pages, including certificate of Secretary of State plus 75¢ for each additional page or fractional page thereafter."

Sec. 2.  G.S. 2-42(25) is deleted.

Sec. 3.  G.S. 53-5 is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in lines 7 and 8 thereof, and by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in lines 13 and 14 thereof.

Sec. 4.  (1) G.S. 54-2(a) is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in line 14 thereof, and by inserting the words "register of deeds" in lieu of the word "clerk" wherever it appears in lines 17, 18, 19 and 20 thereof.(2) G.S. 54-2 (b) is amended by inserting the words "register of deeds" in lieu of the words "clerk of court" in line 6 thereof.(3) G.S. 54-2(c) is amended by inserting the words "register of deeds" in lieu of the words "clerk of court" in line 2 thereof.

Sec. 5.  G.S. 54-6 is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in line 2 thereof.

Sec. 6.  (1) G.S. 54-11(3) is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in line 10 thereof.

(2)        G.S. 54-11(4) is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in line 7 thereof.

Sec. 7.  G.S. 54-12(4) is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in lines 2 and 3 thereof, and by inserting the words "register of deeds" in lieu of the words "clerk" and "clerk of the court" wherever they appear in lines 5, 7, and 15 thereof.

Sec. 8.  G.S. 54-12.1(4) is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in line 23 thereof.

Sec. 9.  G.S. 54-78 is amended by inserting the words "register of deeds" in lieu of the words "clerk of superior court" in lines 18 and 19 thereof, and by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in line 21 thereof.

Sec. 10.  G.S. 54-81 is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in line 8 thereof, and by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in lines 9 and 10 thereof.

Sec. 11.  G.S. 54-92 is amended by inserting the words "register of deeds" in lieu of the words "clerk of superior court" in line 13 thereof.

Sec. 12.  G.S. 54-114 is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in line 7 thereof, and by inserting the words "register of deeds" in lieu of the words "clerk of court" in line 10 thereof.

Sec. 13.  G.S. 54-115 is amended by deleting the last sentence.

Sec. 14.  G.S. 54-125 is amended by inserting the words "register of deeds" in lieu of the words "clerk of the court" in line 10 thereof.

Sec. 15.  G.S. 54-162 (a) is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in lines 4 and 5 thereof.

Sec. 16.  (1) G.S. 55-4 (a) (6) is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in line 3 thereof, and by inserting the words "register of deeds" in lieu of the word "clerk" in line 7 thereof.(2) G.S. 55-4 (b) is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in line 6 thereof.

Sec. 17.  G.S. 55-14 (e) is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in line 16 thereof, and by inserting the words "register of deeds" in lieu of the word "clerk" in line 20 thereof.

Sec. 18.  G.S. 55-109 (a) is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in line 5 thereof.

Sec. 19.  G.S. 55-129 is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in lines 4 and 5 thereof, and is amended in lines 5 and 6 by deleting the words and punctuation ", unless the decree or order was entered in that court".

Sec. 20.  G.S. 55-155 (c) is amended by inserting the words "register of deeds" in lieu of the words "clerk of superior court" in line 2 thereof, and by inserting "G.S. 161-10" in lieu of "G.S. 2-26" in line 3 thereof.

Sec. 21.  (1) G.S. 55A-4(a) (6) is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in lines 1 and 2 thereof, and by inserting the words "register of deeds" in lieu of the word "clerk" in line 5 thereof.

(2)        G.S. 55A-4(b) is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in line 6 thereof.

Sec. 22.  G.S. 55A-41(a) is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in lines 4 and 5 thereof.

Sec. 23.  G.S. 55A-56 is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in lines 4 and 5 thereof, and is amended in line 6 by deleting the words and punctuation ", unless the decree or order was entered in that court".

Sec. 24.  G.S. 55A-77(c) is amended by inserting the words "register of deeds" in lieu of the words "clerk of superior court" in line 2 thereof, and by inserting "G.S. 161-10" in lieu of "G.S. 2-26" in line three thereof.

Sec. 25.  G.S. 57-19 is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in lines 6 and 7 of the ninth paragraph thereof, and by inserting the words "registers of deeds" in lieu of the words "clerks of the superior courts" in line 9 of the ninth paragraph thereof.

Sec. 26.  G.S. 59-2 (a) (2) is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in lines 1 and 2 thereof.

Sec. 27.  (1) G.S. 59-25 (d) is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in lines 2 and 3 thereof.

(2)        G.S. 59-25 (e) is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in line 2 thereof.

Sec. 28.  G.S. 66-68 (a) is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in lines 6 and 7 thereof.

Sec. 29.  G.S. 66-69 is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in lines 1 and 2 .thereof, and by deleting the last sentence.

Sec. 30.  G.S. 66-69.1 is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in line 2 thereof.

Sec. 31.  G.S. 105-230 is amended by inserting the words "register of deeds" in lieu of the words "clerk of superior court" in line 19 thereof; by inserting the words "register of deeds" in lieu of the word "clerk" in line 21 thereof; and by inserting the word "register's" in lieu of the word "clerk's" in line 21 thereof.

Sec. 32.  G.S. 117-12 is amended by inserting the words "register of deeds" in lieu of the words "clerk of the superior court" in line 8 thereof.

Sec. 33.  G.S. 161-10 is amended by deleting the words and punctuation "or transcript and certificate of limited partnership, fifty cents." and inserting in lieu thereof the words and punctuation "Recording certificates or amendments of corporations, limited partnerships and associations, two dollars ($2.00) for the first page, which page shall not exceed fourteen inches in length, plus one dollar ($1.00) for each additional page or fraction thereof, including the certificate of the Secretary of State."

Sec 34.  It is the intent of this Act to establish the office of the register of deeds as the filing office for all of the corpora and related documents now required to be filed with the clerk of the superior com, and to transfer all of the duties relating thereto from the clerk of the superior court to the register of deeds. To this end, all relevant Sections of the General Statutes of North Carolina not specifically amended by Sections 1 through 33 of this Act are hereby amended to the same effect.

Sec 35  All of the existing records now in the offices of the clerks of the superior court and kept pursuant to the Sections of the General Statutes of North Carolina amended by this Act shall be transferred from the offices of the clerks of the superior court to the offices of the registers of deeds.

Sec. 36.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec 37.  This Act shall become effective January 1, 1968.

In the General Assembly read three times and ratified, this the 20th day of June, 1967.