§ 59B-11. Appointment of agent to receive service of process.

364 words·~2 min read·/nc/chapter-59b/59b-11

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

(a)A nonprofit association may file in the office of the Secretary of State a statement appointing an agent authorized to receive service of process, notice, or demand required or permitted by law to be served on a nonprofit association.

(b)A statement appointing an agent must set forth all of the following:

(1)The name of the nonprofit association.

(2)Reserved for future codification purposes.

(3)The street address, and the mailing address if different from the street address, of the nonprofit association, and the county in which it is located, or, if the nonprofit association does not have an address in this State, its address out-of-state.

(4)The name of the person in this State authorized to receive service of process and the person's address, including the street address, in this State.

(c)A statement appointing an agent must be signed and acknowledged by a person authorized to manage the affairs of a nonprofit association. The statement must also be signed and acknowledged by the person appointed agent, who thereby accepts the appointment. The appointed agent may resign by filing a resignation in the office of the Secretary of State and giving written notice to the nonprofit association at its last known address.

(d)The sole duty of the appointed agent to the nonprofit association is to forward to the nonprofit association at its last known address any notice, process, or demand that is served on the appointed agent.

(e)The Secretary of State is not an agent for service of any process, notice, or demand on any nonprofit association.

(f)The Secretary of State shall collect the following fees when the documents described in this subsection are delivered to the Secretary of State for filing:

Document Fee

(1)Statement appointing an agent to receive service of process $5.00

(2)Amendment of statement appointing an agent 5.00

(3)Cancellation of statement appointing an agent 5.00

(4)Agent's statement of resignation No fee

(g)An amendment to or cancellation of a statement appointing an agent to receive service of process must meet the requirements for execution of an original statement. (2006-226, s. 1.)