§ 55-1-28. Certificate of existence.

273 words·~1 min read·/nc/chapter-55/55-1-28

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Anyone may apply to the Secretary of State to furnish a certificate of existence for a domestic corporation or a certificate of authorization for a foreign corporation.

(b)A certificate of existence or authorization sets forth:

(1)The domestic corporation's corporate name or the foreign corporation's corporate name used in this State;

(2)That

(i)the domestic corporation is duly incorporated under the law of this State, the date of its incorporation, and the period of its duration if less than perpetual; or

(ii)that the foreign corporation is authorized to transact business in this State;

(3)That the articles of incorporation of a domestic corporation or the certificate of authority of a foreign corporation has not been suspended for failure to comply with the Revenue Act of this State and that the corporation has not been administratively dissolved for failure to comply with the provisions of this Chapter;

(4)That its most recent annual report required by G.S. 55-16-22 either has been delivered to the Secretary of State or is not delinquent;

(5)That articles of dissolution have not been filed; and

(6)Other facts of record in the office of the Secretary of State that may be requested by the applicant.

(c)Subject to any qualification stated in the certificate, a certificate of existence or authorization issued by the Secretary of State may be relied upon as conclusive evidence that the domestic or foreign corporation is in existence or is authorized to transact business in this State. (1955, c. 1371, s. 1; 1989, c. 265, s. 1; 1991, c. 645, s. 1; 1997-475, s. 6.3.)