SECTION .0400 ‑ CERTIFICATIONS

18 NCAC 04 .0401             DOCUMENTS

(a)  Copies of documents filed with respect to a limited liability company may be certified as its articles of organization only if such copies begin chronologically with the articles of organization, the latest restated articles of organization, or the latest articles of amendment or articles of merger purporting to rewrite the articles of organization in their entity. If requested, the copies to be certified as the limited liability company's articles of organization shall include only such beginning document, all subsequent articles of amendment, and all subsequent articles of merger.  If not otherwise requested, copies to be certified as the articles of organization shall begin chronologically with the latest restatement and shall include all subsequent documents on file.

(b)  Copies of documents filed with respect to corporations subject to the provisions of Chapter 55 or Chapter 55A may be certified as the articles of incorporation of such corporation only if such copies begin chronologically with the articles of incorporation or other documents of incorporation, the latest restated articles of incorporation, or the latest articles of amendment or articles of merger purporting to rewrite the corporation's articles of incorporation in their entirety. If requested, the documents requested to be so certified shall include only such beginning document, all subsequent articles of amendment, and all subsequent articles of merger.  If not otherwise requested, such documents to be certified shall begin chronologically with the latest restated or rewritten articles of incorporation and shall include all related documents subsequently filed.

(c)  When certification of a certificate of limited partnership of a domestic limited partnership or a certificate of authority of a foreign limited partnership is requested, such certification shall include the original certificate of limited partnership or certificate of authority and all amendments or changes thereto.

History Note:        Authority G.S. 55-1-30; 55-1-40(1); 55-10-07(e); 55A-1-30; 55A-1-40(1); 55A-10-06(f); 55D-5; 57D-1-30(2); 57D-2-23(d); 59-206;

Eff. February 1, 1976;

ARRC Objection Lodged June 21, 1990;

Temporary Amendment Eff. July 1, 1990 For a Period of 180 Days to Expire on December 27, 1990;

ARRC Objection Removed August 20, 1990;

Amended Eff. March 1, 1996; February 1, 1991;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 20, 2015.