NC Assumed Names Registered Before December of 2017 Must Be Refiled
I’ve been getting a lot of “save the date” messages in my mailbox lately, as big events, some postponed from last year, are getting planned for the summer and fall. These little reminders are great for helping us keep those events we don’t want to miss in mind. For North Carolina companies doing business under an assumed name, December 1st, 2022 is an important date to remember.
December 1, 2022 is the deadline for companies who registered an assumed name under the old Article 14 of North Carolina’s General Statutes, Business Under Assumed Name Regulated, to refile under the new Article 14A (effective December 1st 2017). Because North Carolina assumed names are effective until terminated, this refiling may come as a surprise to a company that registered an assumed name before December 2017.
Companies can make this change by taking the following simple steps:
- The owner of the name that was previously filed must complete the Assumed Name Business Certificate Form. This simple form allows the company to enter up to five assumed names and asks for basic information regarding the company using the assumed name. The county or counties where the assumed name is to be used are listed, or the company can simply select all 100 counties in North Carolina.
- Submit the filing, along with the $26 fee to the County Recorder of Deeds for one of the counties where the company is engaging in business under the assumed name. Original signatures are generally required, but there may be some variation depending on the county.
- The recorder of deeds will index the document and then send the information to a centralized statewide database for recording within 30 days of the filing. This database contains a record of all assumed names filed since December 1, 2017. While registering an assumed name in North Carolina does not give exclusive rights to the use of the name, this database can be helpful in determining whether another company has registered the same or similar name, which could create potential legal issues for the company.
While December 1, 2022 is still well over a year away, a company can make the above filing at any time to ensure they remain compliant with North Carolina assumed name registration requirements. It’s also important to note that if any facts on the original assumed name registration have changed you should refile under the new law, with the new information, at the time the change occurs. In any event, for a company that has an assumed name in North Carolina that was registered before December 1, 2017, it might be wise to make the filing now. It will have to be done at some point before December 2022, and doing it sooner means one less deadline to keep in mind!