(a)        This Chapter shall not apply to the following:

(1)        A corporation which prior to June 5, 1969, was permitted by law to render professional services or the corporate successor of that corporation by merger or otherwise by operation of law, provided there is no substantial change in the direct or indirect beneficial ownership of the shares of that corporation as the result of the merger or other transaction.? For purposes of this subdivision, a change of twenty percent (20%) or less shall not be considered substantial.

(2)        A corporation authorized in this State to render primary services governed by Articles 1, 2, 4, or 5 of Chapter 87 of the N.C. Gen. Stat., if the corporation renders services as defined in Chapter 89C of the N.C. Gen. Stat., that are reasonably necessary and connected with the primary services performed by individuals regularly employed in the ordinary course of business by the corporation.? The professional services may not be offered, performed, or rendered independently from the primary services rendered by the corporation.? This subdivision does not restrict, limit, or modify the requirement that professional services must be provided by individuals regularly employed in the ordinary course of business by the corporation and duly licensed to render these professional services in this State.? Nothing in this subdivision shall be interpreted to abolish, modify, restrict, limit, or alter the law in this State applicable to the professional relationship and liabilities between licensees furnishing the professional service and the person receiving the professional service, or the standards of professional conduct applicable to the rendering of the professional service.

(b)        A corporation or its successor exempt under subsection (a) of this section may be brought within the provisions of this Chapter by the filing of an amendment to its articles of incorporation declaring that its shareholders have elected to bring the corporation within the provisions of this Chapter and to make the same conform to all of the provisions of this Chapter. (1969, c. 718, s. 15; 1991, c. 645, s. 20; 1997-244, s. 1.)

Terms Used In North Carolina General Statutes 55B-15

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • 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.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • professional service: means any type of personal or professional service of the public which requires as a condition precedent to the rendering of such service the obtaining of a license from a licensing board as herein defined, and pursuant to the following provisions of the General Statutes: Chapter 83A, "Architects"; Chapter 84, "Attorneys-at-Law"; Chapter 93, "Public Accountants"; and the following Articles in Chapter 90: Article 1, "Practice of Medicine" Article 2, "Dentistry" Article 6, "Optometry" Article 7, "Osteopathy" Article 8, "Chiropractic" Article 9A, "Nursing Practice Act" with regard to registered nurses, Article 11, "Veterinarians" Article 12A, "Podiatrists" Article 18A, "Practicing Psychologists" Article 18C, "Marriage and Family Therapy Licensure" Article 18D, "Occupational Therapy" Article 22, "Licensure Act for Speech and Language Pathologists and Audiologists" and Article 24, "Licensed Clinical Mental Health Counselors"; Chapter ?89C, "Engineering and Land Surveying"; Chapter 89A, "Landscape Architects"; Chapter 90B, "Social Worker Certification and Licensure Act" with regard to Licensed Clinical Social Workers as defined by N. See North Carolina General Statutes 55B-2
  • 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
  Previous section
Next section  
 Chapter 55B Contents