House amendment to the 3rd edition makes technical changes to new GS 57D-2-26 (exemptions for LLC's owned by deployed members of the US Armed Forces).
Bill Summaries: H250 (2025-2026 Session)
-
Bill H 250 (2025-2026)Summary date: Apr 29 2025 - View summary
-
Bill H 250 (2025-2026)Summary date: Apr 15 2025 - View summary
House committee substitute to the 2nd edition makes the following changes.
Amends proposed GS 55-16-22.3 (concerning exemptions for corporations owned by deployed members of the Armed Forces), GS 57D-2-26 (concerning exemptions for LLCs owned by deployed members of the Armed Forces), and GS 59-84.6 (exemptions for limited liability partnerships owned by deployed members of the Armed Forces) as follows. Makes organizational changes by officially setting out definitions for Armed Forces and deployed members, and adds the Space Force to the definition of Armed Forces. Requires corporations to electronically file, before the start of deployment, a sworn affidavit of deployment executed by the deployed member (was, file notice of deployment in electronic or paper format), and expands upon what must be included in the affidavit, including adding the expected start and end dates of the deployment. Makes conforming changes throughout the statute to refer to the deployment dates in the affidavit. Adds the requirement that the corporation electronically file an affidavit of extended deployment when deployment is extended beyond the date stated in the affidavit of deployment, within 180 days of the end of the date stated in the affidavit of deployment; sets out information that must be included. Amends the due date provisions so that they now refer to days instead of business days. Further amends GS 57D-2-26 by amending the due date of the annual report so that it now aligns with the due date for corporations, which is the 90th day following the end date stated in the affidavit of deployment (was, April 15 of the year immediately following the end of deployment) or the 90th day following the end date in the affidavit of extended deployment (was, submit a verification of the extension when submitting the late annual report which will be been timely filed and any adverse actions will be reversed). Makes other clarifying, organizational, and technical changes.
Amends GS 132-1.2 adding that GS Chapter 132 does not require or authorize public agencies to disclose information that reveals information contained in an affidavit of deployment or an affidavit of extended deployment.
Makes additional conforming changes. Changes the act's titles.
-
Bill H 250 (2025-2026)Summary date: Mar 25 2025 - View summary
House committee substitute to the 1st edition makes the following changes. Amends GS 57D-2-26 (exemptions for LLC’s owned by deployed members of the Armed Forces) so that the deployment period is one that on or after the ninetieth day preceding the due date of the annual report (was, one that ends on or after January 15 of the year in which the annual report is due). Makes clarifying change and now requires a foreign LLC to disclose the name of the jurisdiction under whose law the foreign LLC is organized as part of the information required in the notice of disclosure. Amends the notice of disclosure requirements for limited liability partnerships (LLP) under GS 59-84.6 so that it must disclose the name of the state or county (was, just state) under whose law it formed (was, incorporated).
-
Bill H 250 (2025-2026)Summary date: Feb 27 2025 - View summary
Creates exemptions to the statutory due dates for the annual reports that must be filed by corporations (new GS 55-16-22.3), LLCs (new GS 57D-2-26), and limited liability partnerships (new GS 59-84.6) under State law for those entities owned by deployed members of the Armed Forces, as follows. For corporations and limited liability partnerships, specifies that a deployed member of the Armed Forces is a member of the United States Air Force, Army, Coast Guard, Marine Corps, or Navy, or a member of any reserve component, who is removed from his or her county of residence pursuant to an official order for a deployment period that ends on or after the ninetieth day preceding the due date of the annual report. For LLCs the deployment period is one that ends on or after January 15 of the year in which the annual report is due. Deems an annual report timely filed for corporations and limited liability partnerships if it is filed by the requisite entity in which more than 50% of the ownership interest is owned by one or more deployed members of the Armed Forces and within 90 business days of the end of the deployment period. Imposes the same ownership requirements on LLCs owned by deployed members of the Armed Forces, but deems the date of timely filing April 15 of the year immediately following the end of the deployment period. Requires the corporation/LLC/limited liability partnership (collectively, the businesses) to file notice of deployment with the Secretary of State prior to the start of the deployment. Provides for extensions if the deployment is extended. Only allows for dissolution if the period of delinquency for the applicable ground is 180 days or more past the end of the deployment period indicated in the documentation provided to the Secretary of State. Waives document fees and the filing fee for the report due after the end of its deployment for the businesses. Makes conforming changes to GS 55-16-22 (annual report--corporations); GS 57D-2-24 (annual reports--LLC’s); and GS 59-84.4 (annual reports--limited liability partnerships). Effective October 1, 2025.
Effective when the act becomes law, requires the Secretary of State to make the notice of deployment forms available by October 1, 2025.