North Carolina 2019-2020 Session Status: Passed Senate

SB 362 — Annual Report Standardization.

Last action — Passed 2nd Reading

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

419 added · 421 removed

Plain-language change summary

The recent amendment to Bill SB 362 introduces a new requirement for corporations to provide an email address, enhancing communication between businesses and state authorities. It also allows corporations to certify that their annual report information remains unchanged without restating all details, streamlining the reporting process. Additionally, it includes a provision for veteran-owned businesses to voluntarily indicate their status on the annual report, promoting recognition and support for these enterprises. These changes aim to simplify compliance for businesses and improve the accuracy and relevance of the information reported to the state.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 2 SENATE BILL 362 Commerce and Insurance Committee Substitute Adopted 4/18/19 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 3 SENATE BILL 362 Commerce and Insurance Committee Substitute Adopted 4/18/19 Finance Committee Substitute Adopted 6/18/19 Short Title:
(6) An e-mail address for the corporation, if different from the e-mail address provided under subdivision (2) of this subsection.
*S362-v-3* General Assembly Of North Carolina Session 2019 (6) An e-mail address for the corporation, if different from the e-mail address provided under subdivision (2) of this subsection.
*S362-v-2* General Assembly Of North Carolina Session 2019 If the information contained in the most recently filed annual report has not changed, a certification to that effect may be made instead of setting forth the information required by subdivisions (2) through (5) of this subsection.
If the information contained in the most recently filed annual report has not changed, a certification to that effect may be made instead of setting forth the information required by subdivisions (2) through (5) of this subsection.
(2) State that the ground or grounds for dissolution either did not exist or have been eliminated.
Page 2 Senate Bill 362-Third Edition General Assembly Of North Carolina Session 2019 (2) State that the ground or grounds for dissolution either did not exist or have been eliminated.
Page 2 Senate Bill 362-Second Edition General Assembly Of North Carolina Session 2019 (3) Reserved.
(3) Reserved.
(3) The street address, and the mailing address if different from the street address, of the limited liabilitycompany's registered office in the this State, the county Senate Bill 362-Second Edition Page 3 General Assembly Of North Carolina Session 2019 in which the registered office is located, the name and e-mail address of its registered agent at that office, and a statement of any change of the registered office or registered agent.
Senate Bill 362-Third Edition Page 3 General Assembly Of North Carolina Session 2019 (3) The street address, and the mailing address if different from the street address, of the limited liabilitycompany's registered office in the this State, the county in which the registered office is located, the name and e-mail address of its registered agent at that office, and a statement of any change of the registered office or registered agent.
(a) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered submitted to the Secretary of State for filing:
Page 4 Senate Bill 362-Third Edition General Assembly Of North Carolina Session 2019 (a) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered submitted to the Secretary of State for filing:
Page 4 Senate Bill 362-Second Edition General Assembly Of North Carolina Session 2019 Document Fee … (28) Annual report 200.00125.00 …." SECTION 2.(c) G.S.
Document Fee … (28) Annual report 200.00125.00 …." SECTION 2.(c) G.S.
(1) The name of the corporation and the state or country under whose law it is incorporated.
Senate Bill 362-Third Edition Page 5 General Assembly Of North Carolina Session 2019 (1) The name of the corporation and the state or country under whose law it is incorporated.
Senate Bill 362-Second Edition Page 5 General Assembly Of North Carolina Session 2019 (2) The street address, and the mailing address if different from the street address, of the registered office in this State, the county in which the registered office is located, the name and e-mail address of its registered agent at that office, and a statement of any change of the registered office or registered agent.
(2) The street address, and the mailing address if different from the street address, of the registered office in this State, the county in which the registered office is located, the name and e-mail address of its registered agent at that office, and a statement of any change of the registered office or registered agent.
"§ 55A-1-22.
Page 6 Senate Bill 362-Third Edition General Assembly Of North Carolina Session 2019 "§ 55A-1-22.
Page 6 Senate Bill 362-Second Edition General Assembly Of North Carolina Session 2019 (a) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered submitted to the Secretary for filing:
(a) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered submitted to the Secretary for filing:
(c) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the corporation resumes carrying on its Senate Bill 362-Second Edition Page 7 General Assembly Of North Carolina Session 2019 activities as if the administrative dissolution had never occurred, subject to the rights of any person who reasonably relied to his the person's prejudice upon the certificate of dissolution." SECTION 3.(e) Until January 1, 2022, the Secretary of State may waive the fee payable under G.S.
(c) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the corporation resumes carrying on its Senate Bill 362-Third Edition Page 7 General Assembly Of North Carolina Session 2019 activities as if the administrative dissolution had never occurred, subject to the rights of any person who reasonably relied to his the person's prejudice upon the certificate of dissolution." SECTION 3.(e) Until January 1, 2022, the Secretary of State may waive the fee payable under G.S.
If the report is corrected to contain the information required by this section and delivered submitted to Page 8 Senate Bill 362-Second Edition General Assembly Of North Carolina Session 2019 the Secretary of State within 30 days after the effective date of notice, it is shall be deemed to be timely filed.submitted.
If the report is corrected to contain the information required by this section and delivered submitted to Page 8 Senate Bill 362-Third Edition General Assembly Of North Carolina Session 2019 the Secretary of State within 30 days after the effective date of notice, it is shall be deemed to be timely filed.submitted.
– The Secretary of State may provide by e-mail any notice or form required under this section if the submitting registered limited liability partnership or foreign limited liability partnership to be notified has consented to receiving notices and forms via e-mail and has provided the Secretary of State an e-mail address for receiving the notices or Senate Bill 362-Second Edition Page 9 General Assembly Of North Carolina Session 2019 forms.
– The Secretary of State may provide by e-mail any notice or form required under this section if the submitting registered limited liability partnership or foreign limited liability partnership to be notified has consented to receiving notices and forms via e-mail and has provided the Secretary of State an e-mail address for receiving the notices or Senate Bill 362-Third Edition Page 9 General Assembly Of North Carolina Session 2019 forms.
Page 10 Senate Bill 362-Second Edition General Assembly Of North Carolina Session 2019 (9) An e-mail address for the limited partnership or foreign limited partnership, if different from the e-mail address provided under subdivision (3) of this subsection.
Page 10 Senate Bill 362-Third Edition General Assembly Of North Carolina Session 2019 (9) An e-mail address for the limited partnership or foreign limited partnership, if different from the e-mail address provided under subdivision (3) of this subsection.
The procedures for Senate Bill 362-Second Edition Page 11 General Assembly Of North Carolina Session 2019 reinstatement and for the appeal of any denial of the limited partnership's application for reinstatement are the same as those applicable to a domestic corporation under G.S.
The procedures for Senate Bill 362-Third Edition Page 11 General Assembly Of North Carolina Session 2019 reinstatement and for the appeal of any denial of the limited partnership's application for reinstatement are the same as those applicable to a domestic corporation under G.S.
DISALLOWANCE OF REFUNDS OF PAID SALES AND USE TAXES SECTION 6.(a) G.S.
NONPROFIT CORPORATIONS RECEIVING REFUNDS OF SALES AND USE TAX SECTION 6.(a) G.S.
105-164.14 reads as rewritten:
105-164.14(b) reads as rewritten:
"§ 105-164.14.
"(b) Nonprofit Entities and Hospital Drugs.
Certain refunds authorized.
… (b) Nonprofit Entities and Hospital Drugs.
A request for a refund must be in writing and must include any information and documentation required by the Secretary.
A request for a refund must be in writing and must include any information the following information:
(i) name, (ii) mailing address, (iii) e-mail address, (iv) registration number issued by the Secretary of State, if applicable, and (v) other information and documentation required by the Secretary.
The aggregate annual refund amount allowed an entity under this subsection for the State's fiscal year may not exceed thirty-one million seven hundred thousand dollars ($31,700,000).
The aggregate annual refund amount allowed an Page 12 Senate Bill 362-Third Edition General Assembly Of North Carolina Session 2019 entity under this subsection for the State's fiscal year may not exceed thirty-one million seven hundred thousand dollars ($31,700,000).
Page 12 Senate Bill 362-Second Edition General Assembly Of North Carolina Session 2019 Before issuing a refund, the Secretary must verify that a nonprofit entity is not delinquent for failure to file an annual report with the Secretary of State based on information received at least 30 days prior to issuing the refund.
…." SECTION 6.(b) G.S.
If a nonprofit entity is delinquent for failure to file an annual report, the Secretary must deny the request for a refund and notify the entity that the request has been denied for failure of the entity to submit the required annual report to the Secretary of State.
105-259(b) reads as rewritten:
Upon the Secretary's receipt of information from the Secretary of State that the nonprofit entity has submitted all required annual reports, the denial of a request for a refund may be cancelled and the refund maybe granted.
"(b) Disclosure Prohibited.
A refund must not be issued after one year from the date a request for a refund was denied due to failure to file an annual report with the Secretary of State.
– An officer, an employee, or an agent of the State who has access to tax information in the course of service to or employment by the State may not disclose the information to any other person except as provided in this subsection.
The Secretary of State and the Department of Revenue shall jointly develop a process for verifying whether an applicant for a refund under this section has submitted all required annual reports.
Standards used or to be used for the selection of returns for examination and data used or to be used for determining the standards may not be disclosed for any purpose.
The Secretaryof State and the Department of Revenue shall share with one another, upon request and to the extent permitted by federal law, information that is in their possession that is relevant to verifying whether an applicant for a refund under this section has submitted all required annual reports.TheSecretaryof StateandtheDepartment ofRevenueshallmaketheprocessoperational prior to January 1, 2021.
All other tax information may be disclosed only if the disclosure is made for one of the following purposes:
The Department of Revenue shall include information about the requirement for entities organized under Chapter 55A of the General Statutes to file annual reports with the Secretary of State to be eligible for refunds.
… (16) To furnish to the Department of Secretary of State the name, address, tax year end, and account and identification numbers of a corporation liable for corporate income or franchise taxes or of a limited liabilitycompanyliable for a corporate or a partnership tax return to enable the Secretaryof State to notify the corporation or the limited liability company of the annual report filing requirement or that its articles of incorporation or articles of organization or its certificate of authority has been suspended.
The Department of Revenue shall share with the Secretary of State, upon request and to the extent permitted by federal law, information in its possession that is relevant to establishing the current address and other contact information for any entity that exists on the Secretary of State's database.
(16a) To furnish to the Department of the Secretaryof State, annually, the following information regarding nonprofit entities receiving a refund of sales and use tax pursuant to G.S.
The refunds allowed under this subsection do not apply to an entity that is owned and controlled by the United States or to an entity that is owned or controlled by the State and is not listed in this subsection.
105-164.14(b):
A hospital that is not listed in this subsection is allowed a semiannual refund of sales and use taxes paid by it on over-the-counter drugs purchased for use in carrying out its work.
the entity's name, mailing address, e-mail address, and, if applicable, registration number issued by the Secretary of State.
The following nonprofit entities are allowed a refund under this subsection:
(16a)(16b) To provide the North Carolina Self-Insurance Security Association information on self-insurers' premiums as determined under G.S.
…." SECTION 6.(b) This section becomes effective January 1, 2021, and applies to requests for refunds submitted on or after that date.
105-228.5(b), (b1), and (c) for the purpose of collecting the assessments authorized in G.S.
The requirement under G.S.
97-133(a).
105-164.14(b), as amended by subsection (a) of this section, that the Secretary of State and the Department of Revenue jointly develop a process for verifying whether an applicant for a refund under G.S.
…." SECTION 6.(c) This section becomes effective January 1, 2021, and applies to requests for refunds submitted on or after that date.
105-164.14 has submitted all required annual reports is effective when it becomes law.
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105-230, that complies with all the requirements of this Subchapter and pays all State taxes, fees, or penalties due from it (which total amount due may be computed, for years prior and subsequent to the suspension, in the same manner as if the suspension had not taken place), and pays to the Secretary of Revenue a fee of twenty-five dollars ($25.00) fifty dollars ($50.00) to cover the cost of reinstatement, is entitled to exercise again its rights, privileges, and franchises in this State.
105-230, that complies with all the requirements of this Subchapter and pays all State taxes, fees, or penalties due from it (which total amount due maybe computed, for years prior and subsequent to the suspension, in the same manner as if the suspension had not taken place), and pays to the Secretary of Revenue a fee of twenty-five dollars ($25.00) fifty dollars ($50.00) to cover the cost of reinstatement, is entitled to exercise again its rights, privileges, and franchises in this State.
Senate Bill 362-Second Edition Page 13 General Assembly Of North Carolina Session 2019 (a1) The Secretary of Revenue shall remit twenty-five dollars ($25.00) from each fee collected under subsection (a) of this section to the Secretary of State to be used solely to cover the Secretary of State's share of the cost of reinstatement under subsection (a) of this section, and any funds received under this subsection are appropriated for the maximum amount necessary to achieve this purpose.
(a1) The Secretary of Revenue shall remit twenty-five dollars ($25.00) from each fee collected under subsection (a) of this section to the Secretary of State to be used solely to cover Senate Bill 362-Third Edition Page 13 General Assembly Of North Carolina Session 2019 the Secretary of State's share of the cost of reinstatement under subsection (a) of this section, and any funds received under this subsection are appropriated for the maximum amount necessary to achieve this purpose.
Page 14 Senate Bill 362-Second Edition
Page 14 Senate Bill 362-Third Edition
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Action History

  1. Passed 2nd Reading

  2. Passed 3rd Reading

  3. Special Message Sent To House

  4. Special Message Received From Senate

  5. Passed 1st Reading

  6. Ref To Com On Rules, Calendar, and Operations of the House

  7. Withdrawn From Cal

  8. Placed On Cal For 06/25/2019

  9. Reptd Fav

  10. Placed On Cal For 06/24/2019

  11. Reptd Fav Com Substitute

  12. Com Substitute Adopted

  13. Re-ref Com On Rules and Operations of the Senate

  14. Reptd Fav

  15. Re-ref Com On Finance

  16. Reptd Fav Com Substitute

  17. Com Substitute Adopted

  18. Re-ref Com On Judiciary

  19. Passed 1st Reading

  20. Ref To Com On Rules and Operations of the Senate

  21. Withdrawn From Com

  22. Re-ref to Commerce and Insurance. If fav, re-ref to Judiciary. If fav, re-ref to Finance. If fav, re-ref to Rules and Operations of the Senate

  23. Filed

Sponsors

  • Wells · Primary
  • Perry · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 177 not signed on

Sponsors (1)

  • Wells

Co-sponsors (1)

  • Perry

Not signed on (177)

177 members have not signed on to this bill.

Show all 177 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Second Reading

Passed 44 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 7001
Unaffiliated 25004
Republican 12001
Total 44006
% of votes cast 88%0%0%12%
How each member voted (50)
Member Party Vote
deViere — Yea
Fitch — Yea
Foushee — Yea
Marcus — Yea
McKissick — Yea
Peterson — Yea
Searcy — Yea
Smith — Yea
VanDuyn — Yea
Woodard — Yea
Ballard — Yea
Bishop — Yea
Brown — Yea
Edwards — Yea
Gallimore — Yea
Gunn — Yea
Harrington — Yea
Johnson — Yea
Krawiec — Yea
Newton — Yea
Perry — Yea
Steinburg — Yea
Tillman — Yea
Wells — Yea
Nickel — Not Voting
J. Davis — Not Voting
Horner — Not Voting
D. Davis — Yea
J. Jackson — Not Voting
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Not Voting
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Yea
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
Jim Burgin Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Not Voting
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Subjects

taxation finance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 362?
SB 362 is sponsored by Wells and Perry.
What is the current status of SB 362?
This bill died with 2019-2020 Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 362?
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