General Counsel Manual

or simply fail to do so. As a result, some of the nonprofit information in the Secretary of State’s database may not be current. Not updating records may have the potential to cause problems for the nonprofit in dealing with regulators, taxes, or other matters. A nonprofit may not be able to get a government grant, for example, if it has not updated its records with us. And, service of process on the nonprofit may fail.

Incorrect Registered Agent Information

Practice Tip: If you discover that registered agent information for an entity is no longer good, please notify us. Send us an email that provides the name of the entity, the Secretary of State Identification Number (SOSID) number, and how you know that the registered agent information is no longer good (i.e. attempted service by registered mail but mail returned for __________ reason). Send your email to: [email protected]

The reason is that although all entities created in our office are required to have up-to-date Registered Agent information on file, they sometimes fail to notify us of changes. Failure of a business to update its Registered Agent information can lead to: (a) use of the Secretary of State as a substitute process agent with accompanying legal consequences for the business, see, e.g., G.S. § 55D-33(b); and, (b) administrative dissolution of the entity by the Secretary of State, see, e.g., G.S. § 55-14-20.

Open Meetings Act

Practice Tip: All regular meeting schedules of covered public bodies that have been filed with us are online. Sometimes this information is useful to attorneys involved in litigation or other matters.

The reason we have the regular meeting schedules is that State public bodies (a defined term) must file their regular public meeting schedules with us. G.S. § 143-318.12.

Practice Tip: You can view State public bodies’ meeting schedules by searching our public meeting calendar on our Public Meeting Calendar page.

Practice Tip: If you become aware that a State government public body is not filing regular meeting schedules with us, please take the time to let us know by writing to: [email protected]. The reason is that the Act has a very broad standard for which State agencies must file regular meeting schedules with the Secretary of State. (G.S. § 143-318.10(b),(c)). It is so broad that there may be agencies that are not aware they need to file with us. In addition, the General Assembly and Executive Branch agency heads often create new public bodies that may not initially be aware of the need to file with us.