GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	1 

SENATE BILL 483

Short Title:  Amend Foreign Corp. Law.	(Public)

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Sponsors: Senator Clodfelter.

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Referred to:  Judiciary I.

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March 24, 1999

A BILL TO BE ENTITLED
AN ACT TO REVISE THE LAW GOVERNING THE LIMITATIONS OF SUCCESSORS AND ASSIGNEES OF FOREIGN CORPORATIONS AND FOREIGN NONPROFIT CORPORATIONS TO FILE CAUSES OF ACTION OR PROCEEDINGS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 55-15-02(a) reads as rewritten:
"(a)	No foreign corporation transacting business in this State without permission obtained through a certificate of authority under this Chapter or through domestication under prior acts shall be permitted to maintain any action or proceeding in any court of this State unless the foreign corporation has obtained a certificate of authority prior to 
		trial.
An issue arising under this subsection must be raised by motion and determined by the trial judge prior to trial."
Section 2.  G.S. 55A-15-02(a) reads as rewritten:
"(a)	No foreign corporation conducting affairs in this State without permission obtained through a certificate of authority under this Chapter or through domestication under prior acts shall be permitted to maintain any action or proceeding in any court of this State unless the foreign corporation has obtained a certificate of authority prior to 
		trial.
An issue arising under this subsection must be raised by motion and determined by the trial judge prior to trial."
Section 3.  This act becomes effective October 1, 1999, and applies to causes of action or proceedings filed on or after that date.