General Counsel Manual
- All acknowledgments to be authenticated by the Secretary are in English and comply with the North Carolina Notary Act, Chapter 10B of the General Statutes.
- If a copy is used, it includes a statement that it is a true and accurate copy.
- If a document is to be authenticated by the U.S. State Department, it complies with all applicable statutes, rules, and regulations of that office. G.S. § 66-273.
- You provide an English translation of a document if it is in a language other than English. G.S. § 66-274(a).
Disputes over Changes to Entities in Our Database
Sometimes an entity has an internal dispute going on and one of the parties files changes to the entity with us. For example, parties to a dispute may change the entity’s company officials, although both parties have not agreed to the change. If we become aware that the parties are going back and forth making changes, there is a point at which we will stop making changes. At that point, we tell the parties we will not make further changes without a court order.
Practice Tip: If your client is in that situation, and you file a suit, be sure to include a request for the court to order us to make whatever change you seek. Then be sure that if you win, the court order actually includes an order for us to make the change. And, most importantly, be sure that the court directs the clerk to forward a copy of the order to us. The clerk should send the order to:
Shikha Sinha, Director
Business Registration Division
North Carolina Department of the Secretary of State
P.O. Box 29622
Raleigh, NC 27626-0622
Practice Tip: If your client is in that situation, and you file a suit seeking to bar an individual or entity from making further changes to records, be sure to include an appropriate request for a court order. If you seek and obtain a court order barring an individual from filing any changes to your client’s entity on our records, the court order should be specific about what we are to do or not do. Then be sure that if you win, the court order actually does include an order for us to not to make changes from that individual or entity. And, most importantly, be sure that the court directs the clerk to forward a copy of the order to us. The clerk should send the order to:
Shikha Sinha, Director
Business Registration Division
North Carolina Department of the Secretary of State
P.O. Box 29622
Raleigh, NC 27626-0622