North Carolina § 59-35 - 1. Filing of documents.

§ 59-35. 1. Filing of documents.

A document required or permitted by this Act to be filed by the Secretary of State must be filed under Chapter 55D of the General Statutes. A document submitted for filing by the Secretary of State on behalf of a general partnership must be executed by a general partner of the partnership. The Secretary of State may adopt and furnish on request forms for: An application for registration as a registered limited liability partnership; Cancellation of registration as a registered limited liability partnership; Application for registration as a foreign limited liability partnership; and Cancellation of registration as a foreign limited liability partnership. The Secretary of State may adopt and furnish on request forms for other documents required or permitted to be filed by this Act, but their use is not mandatory. If the Secretary of State so requires, use of these forms is mandatory. History (1999-369, s. 4.1; 2001-358, ss. 9, 38, 51(c); 2001-387, ss. 104, 105(c), 155, 170(a), 173, 175(a); 2001-413, s. 6; 2002-58, s. 4.) Editor's Note. - 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 Session Laws 2001-387, ss. 104 and 105(c) had added this section and repealed former G.S. 59-73.7. However, s. 155 of c. 387 repealed ss. 104 and 105(c), contingent upon the enactment of Session Laws 2001-358. Session Laws 2001-358, which renumbered former G.S. 59-73.7 as present G.S. 59-35.1, was enacted on August 10, 2001. Session Laws 2001-387, s. 154(b), provides that nothing in this 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.