North Carolina § 55-1-20 - Filing requirements.

§ 55-1-20. Filing requirements.

A document required or permitted by this Chapter to be filed by the Secretary of State must be filed under Chapter 55D of the General Statutes. A document submitted on behalf of a domestic or foreign corporation must be executed: By the chair of its board of directors, by its president, or by another of its officers; If directors have not been selected or the corporation has not been formed, by an incorporator; or If the corporation is in the hands of a receiver, trustee, or other court-appointed fiduciary, by that fiduciary. through (i). Reserved. Repealed by Session Laws 2002-159, s. 15 effective October 11, 2002. History (1955, c. 1371, s. 1; 1967, c. 13, s. 1; c. 823, s. 16; 1989, c. 265, s. 1; 1989 (Reg. Sess., 1990), c. 1024, s. 12.1(a); 1991, c. 645, s. 15; 1999-369, s. 1.1; 2001-358, ss. 3(a), 6(a); 2001-387, ss. 1, 155, 173; 2001-413, s. 6; 2002-159, s. 15.) Editor's Note. - Session Laws 2001-358, s. 52, authorizes the Revisor of Statutes to transfer, as historical annotations, the Official Comments and the North Carolina Comments to those portions of Chapter 55 of the General Statutes that are recodified by that act to the corresponding locations in Chapter 55 D of the General Statutes, as the Revisor deems appropriate. Pursuant to this authority, the Official Comments and the North Carolina Commentary formerly located at this section have been transferred to G.S. 55D-10 . This section was amended by Session Laws 2001-358, ss. 3(a) and 6(a) in the coded bill drafting format provided by G.S. 120-20.1 . The act, in s. 3(a), recodified subsections (a) through (e) and (g) through (i) as new G.S. 55D-10 . The act, in s. 6(a) rewrote the section, treating subsection (j) as also having been recodified by s. 3(a). Subsection (j) has been set out above and subsections (c) through (i) have been set out as "Reserved" at the direction of the Revisor of Statutes. Session Laws 2001-358, s. 53, provided that the act, which amended this section, was effective October 1, 2001, and applicable to documents submitted for filing on or after that date. Section 173 of Session Laws 2001-387 changed the effective date of Session Laws 2001-358 from October 1, 2001, to January 1, 2002. Section 6 of Session Laws 2001-413, effective September 14, 2001, added a sentence to s. 175(a) of Session Laws 2001-387, making s. 173 of that act effective when it became law (August 26, 2001). As a result of these changes, the amendment by Session Laws 2001-358 is effective January 1, 2002, and applicable to documents submitted for filing on or after that date. Session Laws 2001-387, s. 1, amended this section. However, s. 155 of c. 387 repealed s. 1, contingent upon the enactment of Session Laws 2001-358. Session Laws 2001-358 was enacted on August 10, 2001. Effect of Amendments. - Session Laws 2001-358, ss. 3(a) and 6(a), effective January 1, 2002, and applicable to documents submitted for filing on or after that date, recodified former subsections (a) to (e) and (g) to (i) as G.S. 55D-10 , and rewrote former (f) of this section as new subsections (a) and (b). Legal Periodicals. - For article, "Revolving Funds: In the Vanguard of the Preservation Movement," see 11 N.C. Cent. L.J. 256 (1980). For "Legislative Survey: Business & Banking," see 22 Campbell L. Rev. 253 (2000).