North Carolina 2025-2026 Regular Session

North Carolina House Bill H250 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 3
3+H 2
44 HOUSE BILL 250
55 Committee Substitute Favorable 3/25/25
6-Committee Substitute #2 Favorable 4/15/25
76
8-Short Title: Annual Rep't Due Date/Deployed Servicemembers. (Public)
7+Short Title: Waive Annual Report/Fee For Deployed Military. (Public)
98 Sponsors:
109 Referred to:
1110 March 3, 2025
12-*H250 -v-3*
11+*H250 -v-2*
1312 A BILL TO BE ENTITLED 1
14-AN ACT TO EXTEND THE ANNUAL REPORT DUE D ATE FOR BUSINESS ENTITIES 2
15-OWNED BY DEPLOYED ME MBERS OF THE ARMED FORCES. 3
13+AN ACT TO WAIVE THE ANNUAL REPORT REQUIR EMENT AND FEE FOR BUSINESS 2
14+ENTITIES OWNED BY DEPLOYED MEMBERS OF TH E ARMED FORCES. 3
1615 The General Assembly of North Carolina enacts: 4
1716 SECTION 1.(a) G.S. 55-16-22(a) reads as rewritten: 5
1817 "§ 55-16-22. Annual report. 6
1918 (a) Requirement. – Except as provided in G.S. 55-16-22.3 and in subsections (a1) and 7
2019 (a2) of this section, each domestic corporation and each foreign corporation authorized to transact 8
2120 business in this State shall deliver an annual report directly to the Secretary of State in electronic 9
2221 form or in paper form as prescribed by the Secretary of State under this section." 10
2322 SECTION 1.(b) Article 16 of Chapter 55 of the General Statutes is amended by 11
2423 adding a new section to read: 12
2524 "§ 55-16-22.3. Exemptions for corporations owned by deployed members of the Armed 13
2625 Forces. 14
27-(a) Definitions. As used in this section, the following terms have the following meanings: 15
28-(1) Armed Forces. – The United States Air Force, Army, Coast Guard, Marine 16
29-Corps, Navy, or Space Force, or any reserve component of the foregoing. 17
30-(2) Deployed member. – A member of the Armed Forces who is removed from 18
31-his or her county of residence pursuant to an official order for a deployment 19
32-period that ends on or after the ninetieth day preceding the due date of the 20
33-annual report required by G.S. 55-16-22. 21
34-(b) Notwithstanding G.S. 55-16-22, an annual report is deemed timely filed if it is filed 22
35-by a domestic or foreign corporation (i) in which more than fifty percent (50%) of the ownership 23
36-interest is owned by one or more deployed members and (ii) within 90 days of the end of the 24
37-deployment period. The following provisions apply: 25
38-(1) Prior to the start of the deployment, the corporation shall file electronically 26
39-with the Secretary of State a sworn affidavit of deployment executed by the 27
40-deployed member that includes the following information: 28
41-a. The full name of the deployed member. 29
42-b. The name of the corporation and the state under whose law it is 30
43-incorporated. 31
44-c. The percentage ownership interest in the corporation currently held by 32
45-the deployed member. 33
46-d. The expected start and end dates of the deployment. 34 General Assembly Of North Carolina Session 2025
47-Page 2 House Bill 250-Third Edition
48-e. A statement either certifying that the information contained in the most 1
49-recently filed annual report has not changed or setting forth the 2
50-updated information required by G.S. 55-16-22(a3)(2) through (5). 3
51-(2) In the event the deployment is extended beyond the date stated in the affidavit 4
52-of deployment, the corporation shall file electronically with the Secretary of 5
53-State, within 180 days of the end date stated in the affidavit of deployment 6
54-filed with the Secretary of State pursuant to subdivision (1) of this subsection, 7
55-a sworn affidavit of extended deployment by an authorized representative of 8
56-the corporation that includes the following information: 9
57-a. The title or position in the corporation held by the affiant. 10
58-b. The full name of the deployed member. 11
59-c. The name of the corporation and the state under whose law it is 12
60-incorporated. 13
61-d. The percentage ownership interest in the corporation currently held by 14
62-the deployed member. 15
63-e. The expected end date of the extended deployment. 16
64-f. A statement either certifying that the information contained in the most 17
65-recently filed annual report has not changed or setting forth the 18
66-updated information required by G.S. 55-16-22(a3)(2) through (5). 19
67-(3) The due date of the corporation's next annual report is the ninetieth day 20
68-following the end date stated in the affidavit of deployment filed pursuant to 21
69-subdivision (1) of this subsection; provided, however, that if the deployment 22
70-is extended, the due date of the corporation's annual report is the ninetieth day 23
71-following the end date stated in the affidavit of extended deployment filed 24
72-pursuant to subdivision (2) of this subsection. 25
73-(4) The grounds for dissolution under G.S. 55-14-20 apply to corporations that 26
74-are subject to this section only if the period of delinquency for the applicable 27
75-ground is 180 days or more past the end date stated in the affidavit of 28
76-deployment filed with the Secretary of State pursuant to subdivision (1) of this 29
77-subsection. 30
78-(c) Any fees required by G.S. 55-1-22 for documents filed pursuant to subsection (b) of 31
79-this section are waived." 32
80-SECTION 2.(a) G.S. 57D-2-24 reads as rewritten: 33
81-"§ 57D-2-24. Annual report for Secretary of State. 34
82-(a) Excluding professional limited liability companies governed by G.S. 57D-2-02, 35
83-G.S. 57D-2-02 and except as provided in G.S. 57D-2-26, each LLC and each foreign LLC 36
84-authorized to transact business in this State must deliver to the Secretary of State for filing annual 37
85-reports on a form prescribed by, and in the manner required by, the Secretary of State and as 38
86-otherwise provided in subsection (b) of this section. Each annual report must specify the year for 39
87-which the report applies and provide the information required by this subsection. The information 40
88-must be current as of the date the limited liability company completes the report. If the 41
89-information in the limited liability company's most recent annual report has not changed, the 42
90-limited liability company may certify in its annual report that the information has not changed in 43
91-lieu of restating the information. 44
92-The following information must be included in each annual report: 45
93-(1) The name of the limited liability company and, in the case of a foreign LLC, 46
94-any different name that the foreign LLC is authorized under Article 3 of 47
95-Chapter 55D of the General Statutes to use to transact business in this State, 48
96-as provided in the foreign LLC's certificate of authority. 49
97-(2) In the case of a foreign LLC, the name of the jurisdiction under whose law the 50
98-foreign LLC is organized. 51 General Assembly Of North Carolina Session 2025
99-House Bill 250-Third Edition Page 3
100-(3) The street address, and the mailing address if different from the street address, 1
101-of the limited liability company's registered office in the State, the county in 2
102-which the registered office is located, the name of its registered agent at that 3
103-office, and a statement of any change of the registered office or registered 4
104-agent. 5
105-(4) The address and telephone number of its principal office. 6
106-(5) The names, titles, and business addresses of the limited liability company's 7
107-principal company officials. 8
108-(6) A brief description of the nature of its business. 9
109-…." 10
110-SECTION 2.(b) Article 2 of Chapter 57D of the General Statutes is amended by 11
111-adding a new section to read: 12
112-"§ 57D-2-26. Exemptions for LLCs owned by deployed members of the Armed Forces. 13
113-(a) Definitions. As used in this section, the following terms have the following meanings: 14
114-(1) Armed Forces. – The United States Air Force, Army, Coast Guard, Marine 15
115-Corps, Navy, or Space Force, or any reserve component of the foregoing. 16
116-(2) Deployed member. – A member of the Armed Forces who is removed from 17
117-his or her county of residence pursuant to an official order for a deployment 18
118-period that ends on or after the ninetieth day preceding the due date of the 19
119-annual report required by G.S. 57D-2-24. 20
120-(b) Notwithstanding G.S. 57D-2-24, an annual report is deemed timely filed if it is filed 21
121-by an LLC or foreign LLC (i) in which more than fifty percent (50%) of the ownership interest 22
122-is owned by one or more deployed members and (ii) by April 15 of the year immediately 23
123-following the end of the deployment period. The following provisions apply: 24
124-(1) Prior to the start of the deployment, the LLC or foreign LLC shall file 25
125-electronically with the Secretary of State a sworn affidavit of deployment 26
126-executed by the deployed member that includes the following information: 27
127-a. The full name of the deployed member. 28
128-b. The name of the LLC or foreign LLC and, for a foreign LLC, any 29
129-different name under which the foreign LLC is authorized to transact 30
130-business in this State, and the name of the jurisdiction under whose 31
131-law the foreign LLC is organized. 32
132-c. The percentage ownership interest in the LLC or foreign LLC 33
133-currently held by the deployed member. 34
134-d. The expected start and end dates of the deployment. 35
135-e. A statement either certifying that the information contained in the most 36
136-recently filed annual report has not changed or setting forth the 37
137-updated information required by G.S. 57D-2-24. 38
138-(2) In the event the deployment is extended beyond the date stated in the affidavit 39
139-of deployment, the LLC or foreign LLC shall file electronically with the 40
140-Secretary of State, within 180 days of the end date stated in the affidavit of 41
141-deployment filed with the Secretary of State pursuant to subdivision (1) of this 42
142-subsection, a sworn affidavit of extended deployment by an authorized 43
143-representative of the corporation that includes the following information: 44
144-a. The title or position in the LLC or foreign LLC held by the affiant. 45
145-b. The full name of the deployed member. 46
146-c. The name of the LLC or foreign LLC and, for a foreign LLC, any 47
147-different name under which the foreign LLC is authorized to transact 48
148-business in this State, and the name of the jurisdiction under whose 49
149-law the foreign LLC is organized. 50 General Assembly Of North Carolina Session 2025
150-Page 4 House Bill 250-Third Edition
151-d. The percentage ownership interest in the LLC or foreign LLC 1
152-currently held by the deployed member. 2
153-e. The expected end date of the extended deployment. 3
154-f. A statement either certifying that the information contained in the most 4
155-recently filed annual report has not changed or setting forth the 5
156-updated information required by G.S. 57D-2-24. 6
157-(3) The due date of the LLC's or foreign LLC's next annual report is the ninetieth 7
158-day following the end date stated in the affidavit of deployment filed pursuant 8
159-to subdivision (1) of this subsection; provided, however, that if the 9
160-deployment is extended, the due date of the corporation's annual report is the 10
161-ninetieth day following the end date stated in the affidavit of extended 11
162-deployment filed pursuant to subdivision (2) of this subsection. 12
163-(4) The grounds for dissolution under G.S. 57D-6-06 apply to LLCs and foreign 13
164-LLCs that are subject to this section only if the period of delinquency for the 14
165-applicable ground is 180 days or more past the end date stated in the affidavit 15
166-of deployment filed with the Secretary of State pursuant to subdivision (1) of 16
167-this subsection. 17
168-(c) Any fees required by G.S. 57D-1-22 for documents filed pursuant to subsection (b) 18
169-this section are waived." 19
170-SECTION 3.(a) G.S. 59-84.4 reads as rewritten: 20
171-"§ 59-84.4. Annual report for Secretary of State. 21
172-(a) Each Except as provided in G.S. 59-84.6, each registered limited liability partnership 22
173-and each foreign limited liability partnership authorized to transact business in this State shall 23
174-deliver to the Secretary of State for filing an annual report, in a form prescribed by the Secretary 24
175-of State, that sets forth all of the following: 25
176-(1) The name of the registered limited liability partnership or foreign limited 26
177-liability partnership and the state or country under whose law it is formed. 27
178-(2) The street address, and the mailing address if different from the street address, 28
179-of the registered office, the county in which the registered office is located, 29
180-and the name of its registered agent at that office in this State, and a statement 30
181-of any change of the registered office or registered agent, or both. 31
182-(3) The street address and telephone number of its principal office. 32
183-(4) A brief description of the nature of its business. 33
184-(5) The fiscal year end of the partnership. 34
185-If the information contained in the most recently filed annual report has not changed, a 35
186-certification to that effect may be made instead of setting forth the information required by 36
187-subdivisions (2) through (4) of this subsection. The Secretary of State shall make available the 37
188-form required to file an annual report. 38
189-…." 39
190-SECTION 3.(b) Article 3B of Chapter 59 of the General Statutes is amended by 40
191-adding a new section to read: 41
192-"§ 59-84.6. Exemptions for limited liability partnerships owned by deployed members of 42
193-the Armed Forces. 43
194-(a) Definitions. As used in this section, the following terms have the following meanings: 44
195-(1) Armed Forces. – The United States Air Force, Army, Coast Guard, Marine 45
196-Corps, Navy, or Space Force, or any reserve component of the foregoing. 46
197-(2) Deployed member. – A member of the Armed Forces who is removed from 47
198-his or her county of residence pursuant to an official order for a deployment 48
199-period that ends on or after the ninetieth day preceding the due date of the 49
200-annual report required by G.S. 59-84.4. 50 General Assembly Of North Carolina Session 2025
201-House Bill 250-Third Edition Page 5
202-(b) Notwithstanding G.S. 59-84.4, an annual report is deemed timely filed if it is filed by 1
203-a registered or foreign limited liability partnership (i) in which more than fifty percent (50%) of 2
204-the ownership interest is owned by one or more deployed members and (ii) within 90 days of the 3
205-end of the deployment period. The following provisions apply: 4
206-(1) Prior to the start of the deployment, the registered or foreign limited liability 5
207-partnership shall file electronically with the Secretary of State a sworn 6
208-affidavit of deployment executed by the deployed member that includes the 7
209-following information: 8
210-a. The full name of the deployed member. 9
211-b. The name of the registered or foreign limited liability partnership and 10
212-the state or country under whose law it is formed. 11
213-c. The percentage ownership interest in the registered or foreign limited 12
214-liability partnership currently held by the deployed member. 13
215-d. The expected start and end dates of the deployment. 14
216-e. A statement either certifying that the information contained in the most 15
217-recently filed annual report has not changed or setting forth the 16
218-updated information required by G.S. 59-84.4(a)(2) through (5). 17
219-(2) In the event the deployment is extended beyond the date stated in the affidavit 18
220-of deployment, the registered or foreign limited liability partnership shall file 19
221-electronically with the Secretary of State, within 180 days of the end date 20
222-stated in the affidavit of deployment filed with the Secretary of State pursuant 21
223-to subdivision (1) of this subsection, a sworn affidavit of extended deployment 22
224-by an authorized representative of the registered or foreign limited liability 23
225-partnership that includes the following information: 24
226-a. The title or position in the registered or foreign limited liability 25
227-partnership held by the affiant. 26
228-b. The full name of the deployed member. 27
229-c. The name of the registered or foreign limited liability partnership and 28
230-the state or country under whose law it is formed. 29
231-d. The percentage ownership interest in the registered or foreign limited 30
232-liability partnership currently held by the deployed member. 31
233-e. The expected end date of the extended deployment. 32
234-f. A statement either certifying that the information contained in the most 33
235-recently filed annual report has not changed or setting forth the 34
236-updated information required by G.S. 59-84.4(a)(2) through (5). 35
237-(3) The due date of the registered or foreign limited liability partnership's next 36
238-annual report is the ninetieth business day following the end date stated in the 37
239-affidavit of deployment filed pursuant to subdivision (1) of this subsection; 38
240-provided, however, that if the deployment is extended, the due date of the 39
241-registered or foreign limited liability partnership's annual report is the 40
242-ninetieth day following the end date stated in the affidavit of extended 41
243-deployment filed pursuant to subdivision (2) of this subsection. 42
244-(4) The grounds for revocation of registration under G.S. 59-84.4(f) apply to 43
245-registered and foreign limited liability partnerships that are subject to this 44
246-section only if the period of delinquency for the applicable ground is 180 days 45
247-or more past the end date stated in the affidavit of deployment filed with the 46
248-Secretary of State pursuant to subdivision (1) of this subsection. 47
249-(c) Any fees required by G.S. 59-35.2 for documents filed pursuant to subsection (b) of 48
250-this section are waived." 49
251-SECTION 4. G.S. 132-1.2 reads as rewritten: 50
252-"§ 132-1.2. Confidential information. 51 General Assembly Of North Carolina Session 2025
253-Page 6 House Bill 250-Third Edition
254-Nothing in this Chapter shall be construed to require or authorize a public agency or its 1
255-subdivision to disclose any information that: 2
256-… 3
257-(11) Reveals information contained in an affidavit of deployment or an affidavit of 4
258-extended deployment filed with the Secretary of State pursuant to 5
259-G.S. 55-16-22.3, 57D-2-26, or 59-84.6." 6
260-SECTION 5. The Secretary of State shall make available the form or forms needed 7
261-for the affidavit of deployment and affidavit of extended deployment required by this act and 8
262-shall take any other action necessary to allow business entities to begin filing pursuant to this act 9
263-on October 1, 2025. 10
264-SECTION 6. Sections 1 through 4 of this act become effective October 1, 2025. The 11
265-remainder of this act is effective when it becomes law. 12
26+(a) For the purposes of this section, a deployed member of the Armed Forces is a member 15
27+of the United States Air Force, Army, Coast Guard, Marine Corps, or Navy, or a member of any 16
28+reserve component, who is removed from his or her county of residence pursuant to an official 17
29+order for a deployment period that ends on or after the ninetieth day preceding the due date of 18
30+the annual report required by G.S. 55-16-22. 19
31+(b) Notwithstanding G.S. 55-16-22, an annual report is deemed timely filed if it is filed 20
32+by a domestic or foreign corporation (i) in which more than fifty percent (50%) of the ownership 21
33+interest is owned by one or more deployed members of the Armed Forces and (ii) within 90 days 22
34+of the end of the deployment period. The following provisions apply: 23
35+(1) Prior to the start of the deployment, the corporation shall file notice of 24
36+deployment with the Secretary of State in electronic or paper form as 25
37+prescribed by the Secretary of State. The notice shall include the following: 26
38+a. The name of the corporation and the state under whose law it is 27
39+incorporated. 28
40+b. A copy of the orders for deployment or written verification from the 29
41+commanding officer. 30
42+c. A statement either certifying that the information contained in the most 31
43+recently filed annual report has not changed or setting forth the 32
44+updated information required by G.S. 55-16-22(a3)(2) through (5). 33
45+(2) The due date of the corporation's next annual report is the ninetieth business 34
46+day following the end of the deployment. If the deployment is extended, the 35
47+corporation's annual report is due the ninetieth business day following the end 36 General Assembly Of North Carolina Session 2025
48+Page 2 House Bill 250-Second Edition
49+of the extension period. At the time of filing, the corporation may submit a 1
50+copy of orders or written verification from the commanding officer of the 2
51+extension period, and the report is retroactively deemed timely filed. 3
52+(3) The grounds for dissolution under G.S. 55-14-20 apply to corporations that 4
53+are subject to this section only if the period of delinquency for the applicable 5
54+ground is 180 days or more past the end of the deployment period indicated 6
55+in the documentation provided to the Secretary of State under this section. 7
56+(c) Any fees required by G.S. 55-1-22 for documents filed under subdivision (b)(1) of 8
57+this section are waived. Additionally, the fee required by G.S. 55-1-22 for the annual report due 9
58+on the ninetieth business day following the end of deployment under subdivision (b)(2) of this 10
59+section is waived." 11
60+SECTION 2.(a) G.S. 57D-2-24 reads as rewritten: 12
61+"§ 57D-2-24. Annual report for Secretary of State. 13
62+(a) Excluding professional limited liability companies governed by G.S. 57D-2-02, 14
63+G.S. 57D-2-02 and except as provided in G.S. 57D-2-26, each LLC and each foreign LLC 15
64+authorized to transact business in this State must deliver to the Secretary of State for filing annual 16
65+reports on a form prescribed by, and in the manner required by, the Secretary of State and as 17
66+otherwise provided in subsection (b) of this section. Each annual report must specify the year for 18
67+which the report applies and provide the information required by this subsection. The information 19
68+must be current as of the date the limited liability company completes the report. If the 20
69+information in the limited liability company's most recent annual report has not changed, the 21
70+limited liability company may certify in its annual report that the information has not changed in 22
71+lieu of restating the information. 23
72+The following information must be included in each annual report: 24
73+(1) The name of the limited liability company and, in the case of a foreign LLC, 25
74+any different name that the foreign LLC is authorized under Article 3 of 26
75+Chapter 55D of the General Statutes to use to transact business in this State, 27
76+as provided in the foreign LLC's certificate of authority. 28
77+(2) In the case of a foreign LLC, the name of the jurisdiction under whose law the 29
78+foreign LLC is organized. 30
79+(3) The street address, and the mailing address if different from the street address, 31
80+of the limited liability company's registered office in the State, the county in 32
81+which the registered office is located, the name of its registered agent at that 33
82+office, and a statement of any change of the registered office or registered 34
83+agent. 35
84+(4) The address and telephone number of its principal office. 36
85+(5) The names, titles, and business addresses of the limited liability company's 37
86+principal company officials. 38
87+(6) A brief description of the nature of its business. 39
88+…." 40
89+SECTION 2.(b) Article 2 of Chapter 57D of the General Statutes is amended by 41
90+adding a new section to read: 42
91+"§ 57D-2-26. Exemptions for LLCs owned by deployed members of the Armed Forces. 43
92+(a) For the purposes of this section, a deployed member of the Armed Forces is a member 44
93+of the United States Air Force, Army, Coast Guard, Marine Corps, or Navy, or a member of any 45
94+reserve component, who is removed from his or her county of residence pursuant to an official 46
95+order for a deployment period that ends on or after the ninetieth day preceding the due date of 47
96+the annual report required by G.S. 57D-2-24. 48
97+(b) Notwithstanding G.S. 57D-2-24, an annual report is deemed timely filed if it is filed 49
98+by an LLC or foreign LLC (i) in which more than fifty percent (50%) of the ownership interest 50 General Assembly Of North Carolina Session 2025
99+House Bill 250-Second Edition Page 3
100+is owned by one or more deployed members of the Armed Forces and (ii) by April 15 of the year 1
101+immediately following the end of the deployment period. The following provisions apply: 2
102+(1) Prior to the start of the deployment, the LLC or foreign LLC shall file notice 3
103+of deployment with the Secretary of State in electronic or paper form as 4
104+prescribed by the Secretary of State. The notice shall include the following: 5
105+a. The name of the LLC or foreign LLC and, for a foreign LLC, any 6
106+different name under which the foreign LLC is authorized to transact 7
107+business in this State, and the name of the jurisdiction under whose 8
108+law the foreign LLC is organized. 9
109+b. A copy of the orders for deployment or written verification from the 10
110+commanding officer. 11
111+c. A statement either certifying that the information contained in the most 12
112+recently filed annual report has not changed or setting forth the 13
113+updated information required by G.S. 57D-2-24. 14
114+(2) The due date of the LLC's or foreign LLC's next annual report is April 15 of 15
115+the year immediately following the end of the deployment. 16
116+(3) If the extension of a deployment results in the annual report being deemed 17
117+delinquent, the LLC or foreign LLC may submit a copy of orders or written 18
118+verification from the commanding officer of the original deployment and 19
119+extension period at the time the annual report is submitted. The report is 20
120+retroactively deemed timely filed, and any adverse action taken by the 21
121+Secretary of State shall be reversed. 22
122+(4) The grounds for dissolution under G.S. 57D-6-06 apply to LLCs and foreign 23
123+LLCs that are subject to this section only if the period of delinquency for the 24
124+applicable ground is 180 days or more past the end of the deployment period 25
125+indicated in the documentation provided to the Secretary of State under this 26
126+section. 27
127+(c) Any fees required by G.S. 57D-1-22 for documents filed under subdivision (b)(1) of 28
128+this section are waived. Additionally, the fee required by G.S. 57D-1-22 for the annual report 29
129+due April 15 of the year immediately following the end of deployment under subdivision (b)(2) 30
130+of this section is waived." 31
131+SECTION 3.(a) G.S. 59-84.4 reads as rewritten: 32
132+"§ 59-84.4. Annual report for Secretary of State. 33
133+(a) Each Except as provided in G.S. 59-84.6, each registered limited liability partnership 34
134+and each foreign limited liability partnership authorized to transact business in this State shall 35
135+deliver to the Secretary of State for filing an annual report, in a form prescribed by the Secretary 36
136+of State, that sets forth all of the following: 37
137+(1) The name of the registered limited liability partnership or foreign limited 38
138+liability partnership and the state or country under whose law it is formed. 39
139+(2) The street address, and the mailing address if different from the street address, 40
140+of the registered office, the county in which the registered office is located, 41
141+and the name of its registered agent at that office in this State, and a statement 42
142+of any change of the registered office or registered agent, or both. 43
143+(3) The street address and telephone number of its principal office. 44
144+(4) A brief description of the nature of its business. 45
145+(5) The fiscal year end of the partnership. 46
146+If the information contained in the most recently filed annual report has not changed, a 47
147+certification to that effect may be made instead of setting forth the information required by 48
148+subdivisions (2) through (4) of this subsection. The Secretary of State shall make available the 49
149+form required to file an annual report. 50
150+…." 51 General Assembly Of North Carolina Session 2025
151+Page 4 House Bill 250-Second Edition
152+SECTION 3.(b) Article 3B of Chapter 59 of the General Statutes is amended by 1
153+adding a new section to read: 2
154+"§ 59-84.6. Exemptions for limited liability partnerships owned by deployed members of 3
155+the Armed Forces. 4
156+(a) For the purposes of this section, a deployed member of the Armed Forces is a member 5
157+of the United States Air Force, Army, Coast Guard, Marine Corps, or Navy, or a member of any 6
158+reserve component, who is removed from his or her county of residence pursuant to an official 7
159+order for a deployment period that ends on or after the ninetieth day preceding the due date of 8
160+the annual report required by G.S. 59-84.4. 9
161+(b) Notwithstanding G.S. 59-84.4, an annual report is deemed timely filed if it is filed by 10
162+a registered or foreign limited liability partnership (i) in which more than fifty percent (50%) of 11
163+the ownership interest is owned by one or more deployed members of the Armed Forces and (ii) 12
164+within 90 days of the end of the deployment period. The following provisions apply: 13
165+(1) Prior to the start of the deployment, the registered or foreign limited liability 14
166+partnership shall file notice of deployment with the Secretary of State in 15
167+electronic or paper form as prescribed by the Secretary of State. The notice 16
168+shall include the following: 17
169+a. The name of the registered or foreign limited liability partnership and 18
170+the state or country under whose law it is formed. 19
171+b. A copy of the orders for deployment or written verification from the 20
172+commanding officer. 21
173+c. A statement either certifying that the information contained in the most 22
174+recently filed annual report has not changed or setting forth the 23
175+updated information required by G.S. 59-84.4(a)(2) through (5). 24
176+(2) The due date of the registered or foreign limited liability partnership's next 25
177+annual report is the ninetieth business day following the end of the 26
178+deployment. If the deployment is extended, the corporation's annual report is 27
179+due the ninetieth business day following the end of the extension period. At 28
180+the time of filing, the corporation may submit a copy of orders or written 29
181+verification from the commanding officer of the extension period, and the 30
182+annual report is retroactively deemed timely filed. 31
183+(3) The grounds for revocation of registration under G.S. 59-84.4(f) apply to 32
184+registered and foreign limited liability partnerships that are subject to this 33
185+section only if the period of delinquency for the applicable ground is 180 days 34
186+or more past the end of the deployment period indicated in the documentation 35
187+provided to the Secretary of State under this section. 36
188+(c) Any fees required by G.S. 59-35.2 for documents filed under subdivision (b)(1) of 37
189+this section are waived. Additionally, the fee required by G.S. 59-35.2 for the annual report due 38
190+on the ninetieth business day following the end of deployment under subdivision (b)(2) of this 39
191+section is waived." 40
192+SECTION 4. The Secretary of State shall make available the form or forms needed 41
193+for the notice of deployment required by this act and shall take any other action necessary to 42
194+allow business entities to begin filing pursuant to this act on October 1, 2025. 43
195+SECTION 5. Sections 1 through 3 of this act become effective October 1, 2025. The 44
196+remainder of this act is effective when it becomes law. 45