GENERAL ASSEMBLY OF NORTH CAROLINA

1987 SESSION

 

 

CHAPTER 1031

HOUSE BILL 2369

 

AN ACT TO CORRECT CHAPTER 837 OF THE 1987 SESSION LAWS, RELATING TO LIMITS ON COSTS TO BE ASSESSED FOR THE SUPPORT OF THE GENERAL COURT OF JUSTICE IN THE ADMINISTRATION OF ESTATES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Section 3 of Chapter 837 of the 1987 Session Laws reads as rewritten:

"Sec. 3.  This act shall become effective with respect to estates of decedents dying on or after October 1, 1987, and applies to all costs assessed pursuant to G.S. 7A-307 on or after that date."

Sec. 2.  G.S. 59-106(a) is amended in the first and second lines by deleting the words "its registered office" immediately before the colon and substituting the words "an office in this State".

Sec. 3.  G.S. 59-201(a) is amended by adding a new subdivision to read:

"(5)      The address, including county and city or town, and street and number, if any, of the office at which the records referred to in G.S. 59-106 are kept, if such records are not kept at the registered office."

Sec. 4.  G.S. 66-68(a) through (c) reads as rewritten:

"(a)      Unless exempt under subsection (e) hereof, before any person or general partnership other than a limited partnership engages in business in any county in this State under an assumed name or under any designation, name or style other than the real name of the owner or owners thereof, before any limited partnership engaged in business in any county in this State other than under the name set out in the Certificate filed with the Office of the Secretary of State or before a corporation engages in business in any county other than under its corporate name, such person, partnership, limited partnership, or corporation must file in the office of the register of deeds of such county a certificate giving the following information:

(1)       The name under which the business is to be conducted;

(2)       The name and address of the owner, or if there is more than one owner, the name and address of each.

(b)       If the owner is an individual or a partnership, the certificate must be signed and duly acknowledged by the individual owner, or by each general partner.  If the owner is a corporation, it must be signed in the name of the corporation and duly acknowledged as provided by G.S. 47-41.

(c)       Whenever a general partner withdraws from or a new general partner joins a partnership, a new certificate shall be filed.  For limited partnerships, the requirement of this subsection (c) shall be deemed satisfied if the partnership is identified as the owner as provided in subsection (a) and the partnership's certificate of limited partnership is amended as provided in G.S. 59-202."

Sec. 5.  Sections 1 and 4 are effective upon ratification.  Sections 2 and 3 shall become effective August 1, 1988.

In the General Assembly read three times and ratified this the 30th day of June, 1988.