58-89A-35. License required; professional employer organization groups.
(a) No person shall engage in or offer professional employer services in this State unless the person holds a license issued under this Article.
(b) Two or more professional employer organizations that are controlled by the same ultimate parent, entity, or persons may be licensed as a professional employer organization group. A professional employer organization group may satisfy the reporting and financial requirements of this Article on a consolidated basis. As a condition of licensure as a professional employer organization group, each professional employer organization that is a member of the group shall guarantee payment of all financial obligations of every other member. Notwithstanding the definition of "person" in this Article, whenever two or more entities combine to seek issuance of a single license under this Article, the requirements for group licensure under this subsection shall be met before issuance of a license and any license issued will be a group license issued pursuant to this subsection. (2002-168, s. 8; 2004-162, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 89A - North Carolina Professional Employer Organization Act.
§ 58-89A-20 - Interagency cooperation.
§ 58-89A-25 - Effect of other law on client companies and assigned employees.
§ 58-89A-30 - Other provisions of this chapter.
§ 58-89A-31 - Tax credits and other incentives.
§ 58-89A-35 - License required; professional employer organization groups.
§ 58-89A-40 - Qualifications for controlling person.
§ 58-89A-50 - Surety bond; letter of credit; other deposits.
§ 58-89A-60 - License application.
§ 58-89A-70 - License issuance and maintenance.
§ 58-89A-75 - De minimis registration.
§ 58-89A-76 - Alternative licensing.
§ 58-89A-80 - License not assignable; change of name or location.
§ 58-89A-85 - Supervision; rehabilitation; liquidation.
§ 58-89A-100 - Contract requirements.
§ 58-89A-105 - Employee benefit plans; required disclosure; other reports.
§ 58-89A-106 - Health insurance plan requirements.
§ 58-89A-107 - Examinations of self-funded health benefit plans.
§ 58-89A-110 - Workers' compensation insurance.
§ 58-89A-115 - Benefit plan notice.
§ 58-89A-120 - Unemployment taxes; payroll.
§ 58-89A-125 - Posting requirements.
§ 58-89A-130 - Contractual duties.
§ 58-89A-135 - Compliance with other laws.
§ 58-89A-140 - Required information.
§ 58-89A-150 - Agent for service of process.
§ 58-89A-155 - Grounds for disciplinary action.
§ 58-89A-165 - Injunctions; civil remedies; cease and desist orders.
§ 58-89A-170 - Prohibited acts.
§ 58-89A-175 - Criminal penalty.
§ 58-89A-180 - Application to unlicensed professional employer organizations.