North Carolina HB 250: Annual Report Due Date/Deployed Servicemembers.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 4
HOUSE BILL 250
Committee Substitute Favorable 3/25/25
Committee Substitute #2 Favorable 4/15/25
Fourth Edition Engrossed 4/29/25

Short Title: Annual Rep't Due Date/Deployed Servicemembers. (Public)
Sponsors:
Referred to:
March 3, 2025
*H250-v-4*
A BILL TO BE ENTITLED 1
AN ACT TO EXTEND THE ANNUAL REPORT DUE DATE FOR BUSINESS ENTITIES 2
OWNED BY DEPLOYED MEMBERS OF THE ARMED FORCES. 3
The General Assembly of North Carolina enacts: 4
SECTION 1.(a) G.S. 55-16-22(a) reads as rewritten: 5
"§ 55-16-22. Annual report. 6
(a) Requirement. – Except as provided in G.S. 55-16-22.3 and in subsections (a1) and 7
(a2) of this section, each domestic corporation and each foreign corporation authorized to transact 8
business in this State shall deliver an annual report directly to the Secretary of State in electronic 9
form or in paper form as prescribed by the Secretary of State under this section." 10
SECTION 1.(b) Article 16 of Chapter 55 of the General Statutes is amended by 11
adding a new section to read: 12
"§ 55-16-22.3. Exemptions for corporations owned by deployed members of the Armed 13
Forces. 14
(a) Definitions. As used in this section, the following terms have the following meanings: 15
(1) Armed Forces. – The United States Air Force, Army, Coast Guard, Marine 16
Corps, Navy, or Space Force, or any reserve component of the foregoing. 17
(2) Deployed member. – A member of the Armed Forces who is removed from 18
his or her county of residence pursuant to an official order for a deployment 19
period that ends on or after the ninetieth day preceding the due date of the 20
annual report required by G.S. 55-16-22. 21
(b) Notwithstanding G.S. 55-16-22, an annual report is deemed timely filed if it is filed 22
by a domestic or foreign corporation (i) in which more than fifty percent (50%) of the ownership 23
interest is owned by one or more deployed members and (ii) within 90 days of the end of the 24
deployment period. The following provisions apply: 25
(1) Prior to the start of the deployment, the corporation shall file electronically 26
with the Secretary of State a sworn affidavit of deployment executed by the 27
deployed member that includes the following information: 28
a. The full name of the deployed member. 29
b. The name of the corporation and the state under whose law it is 30
incorporated. 31
c. The percentage ownership interest in the corporation currently held by 32
the deployed member. 33
d. The expected start and end dates of the deployment. 34

General Assembly Of North Carolina Session 2025
Page 2 House Bill 250-Fourth Edition
e. A statement either certifying that the information contained in the most 1
recently filed annual report has not changed or setting forth the 2
updated information required by G.S. 55-16-22(a3)(2) through (5). 3
(2) In the event the deployment is extended beyond the date stated in the affidavit 4
of deployment, the corporation shall file electronically with the Secretary of 5
State, within 180 days of the end date stated in the affidavit of deployment 6
filed with the Secretary of State pursuant to subdivision (1) of this subsection, 7
a sworn affidavit of extended deployment by an authorized representative of 8
the corporation that includes the following information: 9
a. The title or position in the corporation held by the affiant. 10
b. The full name of the deployed member. 11
c. The name of the corporation and the state under whose law it is 12
incorporated. 13
d. The percentage ownership interest in the corporation currently held by 14
the deployed member. 15
e. The expected end date of the extended deployment. 16
f. A statement either certifying that the information contained in the most 17
recently filed annual report has not changed or setting forth the 18
updated information required by G.S. 55-16-22(a3)(2) through (5). 19
(3) The due date of the corporation's next annual report is the ninetieth day 20
following the end date stated in the affidavit of deployment filed pursuant to 21
subdivision (1) of this subsection; provided, however, that if the deployment 22
is extended, the due date of the corporation's annual report is the ninetieth day 23
following the end date stated in the affidavit of extended deployment filed 24
pursuant to subdivision (2) of this subsection. 25
(4) The grounds for dissolution under G.S. 55-14-20 apply to corporations that 26
are subject to this section only if the period of delinquency for the applicable 27
ground is 180 days or more past the end date stated in the affidavit of 28
deployment filed with the Secretary of State pursuant to subdivision (1) of this 29
subsection. 30
(c) Any fees required by G.S. 55-1-22 for documents filed pursuant to subsection (b) of 31
this section are waived." 32
SECTION 2.(a) G.S. 57D-2-24 reads as rewritten: 33
"§ 57D-2-24. Annual report for Secretary of State. 34
(a) Excluding professional limited liability companies governed by G.S. 57D-2-02, 35
G.S.