(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:
(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.)
Terms Used In North Carolina General Statutes 59B-11
- 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.
- 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
- Service of process: The service of writs or summonses to the appropriate party.
- 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