(a)        The Secretary of State may commence a proceeding under N.C. Gen. Stat. § 55-15-31 to revoke the certificate of authority of a foreign corporation authorized to transact business in this State if:

(1)        The foreign corporation is delinquent in delivering its annual report;

(2)        The foreign corporation does not pay within 60 days after they are due any penalties, fees, or other payments due under this Chapter;

(3)        The foreign corporation is without a registered agent or registered office in this State for 60 days or more;

(4)        The foreign corporation does not inform the Secretary of State under N.C. Gen. Stat. § 55D-31 or N.C. Gen. Stat. § 55D-32 that its registered agent or registered office has changed, that its registered agent has resigned, or that its registered office has been discontinued within 60 days of the change, resignation, or discontinuance;

(5)        An incorporator, director, officer, or agent of the foreign corporation signed a document he knew was false in any material respect with intent that the document be delivered to the Secretary of State for filing;

(6)        The Secretary of State receives a duly authenticated certificate from the secretary of state or other official having custody of corporate records in the state or country under whose law the foreign corporation is incorporated stating that it has been dissolved or disappeared as the result of a merger;

(7)        The corporation is exceeding the authority conferred upon it by this Chapter; or

(8)        The corporation knowingly fails or refuses to answer truthfully and fully within the time prescribed in this Chapter interrogatories propounded by the Secretary of State in accordance with the provisions of this Chapter.

(b)        Nothing herein shall be deemed to repeal or modify any provision of the Revenue Act relating to the suspension of the certificate of authority of foreign corporations for failure to comply with the provisions thereof. (1955, c. 1371, s. 1; 1989, c. 265, s. 1; 1993, c. 552, s. 18; 1997-475, s. 6.5; 2001-358, s. 47(e); 2001-387, ss. 173, 175(a); 2001-413, s. 6.)

Terms Used In North Carolina General Statutes 55-15-30

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3