Release Date: 03/07/2017
QUESTION: My firm provides brokerage services under an assumed name that is different than the firm’s registered name at the Secretary of State. The register of deeds where my office is located has my firm’s assumed name on file. Next year, my firm is looking to expand to provide brokerage services in two more counties. Do I need to file our assumed name in the other two counties?
ANSWER: Under the current law, every person, partnership, limited partnership, limited liability company, or corporation must file a certificate of assumed name in a county’s register of deeds’ office before engaging in business in such county. N.C.G.S. § 66-68. This rule, however, is about to be replaced.
Subject to funding being provided by the General Assembly, section 66-68 and all related statutes will be repealed effective July 1, 2017. Once the new system is implemented, assumed names will still be filed at the register of deeds, but anyone doing business in multiple counties will only have to file in one county. This is because under the new law, the register of deeds will forward the assumed name certificate to the statewide database. If you want to read the statutes relating to the new system, you can access them here.
NC REALTORS® provides articles on legal topics as a member service. They are general statements of applicable legal and ethical principles for member education only. They do not constitute legal advice. The services of a private attorney should be sought for legal advice.
© Copyright 2017. North Carolina Association of REALTORS®, Inc. This article is intended solely for the benefit of NC REALTORS® members, who may reproduce and distribute it to other NC REALTORS® members and their clients, provided it is reproduced in its entirety without any change to its format or content, including disclaimer and copyright notice, and provided that any such reproduction is not intended for monetary gain. Any unauthorized reproduction, use or distribution is prohibited.