2005 North Carolina Code - General Statutes § 57C-9A-03. Filing of articles of organization by converting business entity.

§ 57C‑9A‑03.  Filing of articles of organization by converting business entity.

(a)       After a plan of conversion has been approved by the converting business entity as provided in G.S. 57C‑9A‑02, the converting business entity shall deliver articles of organization to the Secretary of State for filing. In addition to the matters required or permitted by G.S. 57C‑2‑21, the articles of organization shall contain articles of conversion stating:

(1)       That the domestic limited liability company is being formed pursuant to a conversion of another business entity;

(2)       The name of the converting business entity, its type of business entity, and the state or country whose laws govern its organization and internal affairs; and

(3)       That a plan of conversion has been approved by the converting business entity as required by law.

If the plan of conversion is abandoned after the articles of organization have been filed with the Secretary of State but before the articles of organization become effective, the converting business entity shall deliver to the Secretary of State for filing prior to the time the articles of organization become effective an amendment to the articles of organization withdrawing the articles of organization.

(b)       The conversion takes effect when the articles of organization become effective.

(c)       Repealed by Session Laws 2001‑387, s. 95.

(d)       Certificates of conversion shall also be registered as provided in G.S. 47‑18.1. (1999‑369, s. 3.7; 2001‑387, s. 95.)