55A-15-31. Procedure and effect of revocation.
(a) If the Secretary of State determines that one or more grounds exist under G.S. 55A-15-30 for revocation of a certificate of authority, the Secretary of State shall mail to the foreign corporation written notice of the Secretary of State's determination.
(b) If the foreign corporation does not correct each ground for revocation or demonstrate to the reasonable satisfaction of the Secretary of State that each ground determined by the Secretary of State does not exist within 60 days after notice is mailed, the Secretary of State may revoke the foreign corporation's certificate of authority by signing a certificate of revocation that recites the ground or grounds for revocation and its effective date. The Secretary of State shall file the original of the certificate and mail a copy to the foreign corporation.
(c) The authority of a foreign corporation to conduct affairs in this State ceases on the date shown on the certificate revoking its certificate of authority.
(d) The Secretary of State's revocation of a foreign corporation's certificate of authority appoints the Secretary of State the foreign corporation's agent for service of process in any proceeding based on a cause of action arising in this State or arising out of affairs conducted in this State during the time the foreign corporation was authorized to conduct affairs in this State. The Secretary of State shall then proceed in accordance with G.S. 55D-33.
(e) Revocation of a foreign corporation's certificate of authority does not terminate the authority of the registered agent of the corporation.
(f) The corporation shall not be granted a new certificate of authority until each ground for revocation has been substantially corrected to the reasonable satisfaction of the Secretary of State. (1955, c. 1230; 1993, c. 398, s. 1; 1995, c. 400, s. 10; 2001-358, s. 48(g); 2001-387, ss. 173, 175(a); 2001-413, s. 6.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 55A - North Carolina Nonprofit Corporation Act
Article 15 - Foreign Corporations.
§ 55A-15-01 - Authority to conduct affairs required.
§ 55A-15-02 - Consequences of conducting affairs without authority.
§ 55A-15-03 - Application for certificate of authority.
§ 55A-15-04 - Amended certificate of authority.
§ 55A-15-05 - Effect of certificate of authority.
§ 55A-15-07 - Registered office and registered agent of foreign corporation.
§ 55A-15-20 - Withdrawal of foreign corporation.
§ 55A-15-21 - Withdrawal of foreign corporation by reason of a merger, consolidation, or conversion.
§ 55A-15-30 - Grounds for revocation.
§ 55A-15-31 - Procedure and effect of revocation.
§ 55A-15-32 - Appeal from revocation.
§ 55A-15-33 - Inapplicability of Administrative Procedure Act.