North Carolina § 55D-26 - Real property records.

§ 55D-26. Real property records.

A certificate issued by the Secretary of State as described in subsection (b) of this section must be recorded when: The name of any domestic corporation, nonprofit corporation, limited liability company, limited partnership, or registered limited liability partnership or foreign corporation, foreign nonprofit corporation, foreign limited liability company, foreign limited partnership, or foreign limited liability partnership that holds title to real property in this State is changed upon amendment to its articles of incorporation or organization, its certificate of limited partnership, or its registration as a limited liability partnership or foreign limited liability partnership; or Title to real property in this State held by any entity listed in subdivision (1) of this subsection is vested by operation of law in another entity upon merger, consolidation, or conversion of the entity. The Secretary of State shall issue uniform certificates for recordation in accordance with this section. In the case of a foreign corporation, foreign nonprofit corporation, foreign limited liability company, foreign limited partnership, or foreign limited liability partnership, a similar certificate by any competent authority of the jurisdiction of incorporation may be recorded in accordance with this section. The certificate required by this section must be recorded by the register of deeds in the same manner as deeds, and for the same fees, but no formalities as to acknowledgement, probate, or approval by any other officer shall be required. The former name of the entity holding title to the real property before the name change, merger, consolidation, or conversion shall appear in the "Grantor" index, and the new name of the corporation or the name of the other entity holding title to the real property by virtue of the merger, consolidation, or conversion shall appear in the "Grantee" index. The certificate must recite the name change, merger, consolidation, or conversion and must be recorded in the office of the register of deeds of the county where the property lies or, if the property is located in more than one county in each county where any portion of the property lies. History (1989, c. 265, s. 1; 1991, c. 645, s. 2(a); 1999-369, s. 1.4; 2001-358, ss. 14(b), 15; 2001-387, ss. 166, 173, 175(a); 2001-413, s. 6.) NORTH CAROLINA COMMENTARY TO FORMER G.S. 55-4-05 Editor's Note. - The North Carolina Commentary below was formerly located under G.S. 55-4-05 prior to its transfer in 2001. At the request of the Revisor of Statutes, the North Carolina Commentary has been transferred to this section as historical annotations pursuant to Session Laws 2001-358, s. 52. This section, which is not part of the Model Act, relates to updating real property records when the name of a corporation is changed or when title to real property is transferred by operation of law in a merger. It is a blend of section 13.1-633 of the Virginia act and G.S. 47-18.1 . Editor's Note. - Session Laws 2001-387, s. 154(b), provides that "Nothing in the act shall supersede the provisions of Article 10 or 65 of Chapter 58 of the General Statutes, and this act does not create an alternate means for an entity governed by Article 65 of Chapter 58 of the General Statutes to convert to a different business form." Effect of Amendments. - Session Laws 2001-358, ss. 14(b) and 15, effective January 1, 2002, and applicable to documents submitted for filing on or after that date, recodified G.S. 55-4-05 as this section; rewrote subsections (a) and (b); and in subsection (c), substituted "must be recorded" for "shall be recorded" in the first sentence, and substituted "entity holding" for "corporation holding" in the second sentence. §§ 55D-27 through 55D-29: Reserved for future codification purposes.