North Carolina § 59-35 - 2. Filing, service, and copying fees.

§ 59-35. 2. Filing, service, and copying fees.

The Secretary of State shall collect the following fees when the documents described in this subsection are submitted by a partnership to the Secretary of State for filing: Whenever the Secretary of State is deemed appointed as a registered agent under this Act or under Chapter 55D of the General Statutes, the Secretary of State shall collect a fee of ten dollars ($10.00) each time process is served on the Secretary of State under this Act. The party to the proceeding causing service of process is entitled to recover this fee as costs if the party prevails in the proceeding. The Secretary of State shall collect the following fees for copying, comparing, and certifying a copy of a filed partnership document: One dollar ($1.00) a page for copying or comparing a copy to the original. Fifteen dollars ($15.00) for a paper certificate. Ten dollars ($10.00) for an electronic certificate. Document Fee (1) Application for reserved name .............................$10.00 (2) Notice of transfer of reserved name ........................10.00 (3) Application for registered name ............................10.00 (4) Application for renewal of registered name .................10.00 (5) Registered limited liability partnership's or foreign limited liability partnership's statement of change of registered agent or registered office or both ..........................................................5.00 (6) Agent's statement of change of registered office for each affected registered limited liability partnership or foreign limited liability partnership ...................................................5.00 (7) Agent's statement of resignation ..........................No Fee (8) Designation of registered agent or registered office or both 5.00 (9) Articles of conversion (other than articles of conversion included as part of another document) ..................................50.00 (10) Articles of merger ........................................50.00 (11) Application for registration as a registered limited liability partnership ...........................................................125.00 (12) Certificate of amendment of registration as a registered limited liability partnership ..................................................25.00 (13) Cancellation of registration as a registered limited liability partnership ............................................................25.00 (14) Application for registration as a foreign limited liability partnership ...........................................................125.00 (15) Certificate of amendment of registration as a foreign limited liability partnership ..................................................25.00 (16) Cancellation of registration as a foreign limited liability partnership ............................................................25.00 (17) Application for certificate of withdrawal by reason of merger, consolidation, or conversion ...........................................10.00 (18) Annual report ............................................200.00 (19) Articles of correction ....................................10.00 (20) Any other document required or permitted to be filed pursuant to this Act ...............................................................10.00 History (2001-387, s. 170(b); 2001-487, s. 62(q); 2005-435, s. 46.) Editor's Note. - 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. Session Laws 2008-194, s. 2, provides: "(a) The following definitions apply in this section: "(1) Department. - The Department of the Secretary of State. "(2) Filer. - An individual, entity, or corporation that files a single notice pursuant to this section for more than 20,000 entities on file with the Department. "(3) Notice. - A bulk filing which includes the information required in G.S. 55D-31(a)(2) through (6) and a certification that the filer has complied with the entity notification requirements of G.S. 55D-31(b). For a notice intended to update information for unincorporated nonprofit associations, 'notice' shall also mean a filing which includes the information required by G.S. 59B-11(b)(4). Any notice filed must be in an electronic form acceptable to the Department and include a written statement that the notice is filed pursuant to this section. "(b) Upon receipt and filing by the Department, a notice pursuant to this section shall be sufficient as a matter of law under G.S. 55D-31 and G.S. 59B-11 to update registered office and registered agent information for each entity on file with the Department for which the filer is listed on the records of the Department as the registered office, the registered agent, or both. "(c) The requirements of G.S. 55D-13(a) and (b), 55D-10(b)(8), 55-1-22(a), 55A-1-22(a), 57C-1-22(a) (repealed by Session Laws 2013-157, s.1), 59-35.2(a), 59-1106(a), and 59B-11(f) shall not apply to notices filed pursuant to this section. "(d) This section shall only apply to one notice for each filer. "(e) Unless otherwise specified, the change of address shall become effective on the 45th day following the Department's receipt of a notice filed pursuant to this section. A filer may specify in the notice a later effective date for the change of address, but not an earlier effective date. "(f) A notice filed pursuant to this section shall be delivered to the Department no later than one year after the effective date of this section [August 8, 2008]." Effect of Amendments. - Session Laws 2005-435, s. 46, effective September 27, 2005, rewrote the section catchline; substituted "filed partnership document" for "document filed pursuant to this act" in subsection (c); rewrote subdivision (c)(2); added subdivision (c)(3); and made minor stylistic changes throughout. PART 2. NATURE OF A PARTNERSHIP.