The following definitions apply in this Article:
(1) Assumed business name.
a. In the case of an individual, any name other than a real name of the individual.
b. In the case of a partnership other than a limited liability partnership or limited partnership, any name other than a real name of each of the general partners of the partnership.
c. In the case of a limited liability partnership, any name other than the name registered with the Secretary of State.
d. In the case of a limited partnership, any name other than the name stated in its certificate of limited partnership filed with the Secretary of State.
e. In the case of a limited liability company, any name other than the name stated in its articles of organization filed with the Secretary of State.
f. In the case of a corporation, any name other than the corporate name stated in its articles of incorporation filed with the Secretary of State.
g. In the case of a trust, any name other than the name specified in the trust instrument or, if the trust instrument does not specify a name for the trust, any name other than the name of the trustee and a designation of the trust for which the trustee is acting.
h. In the case of any other person, any name other than a real name of the person.
(2) Person. – Includes an individual, partnership, limited partnership, limited liability partnership, limited liability company, corporation, association, society, organization, joint venture, business trust, trust, governmental entity, or any other legal or commercial entity. ?(2016-100, s. 2; 2017-23, s. 1.)
Terms Used In North Carolina General Statutes 66-71.3
- 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
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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
- Trustee: A person or institution holding and administering property in trust.