21 NCAC 32C .0103         PREREQUISITES FOR INCORPORATION

(a)  Before filing the articles of incorporation for a professional corporation with the Secretary of State, the incorporators shall file with the Board:

(1)           the properly executed original articles of incorporation;

(2)           a registration fee in the maximum allowable amount set forth in G.S. 55B-10;

(3)           a certificate (N.C.M.B.-P.C. Form 1) signed by all shareholders stating that all persons employed by the corporation are licensed to practice medicine in North Carolina, and representing that the business of the corporation will be conducted in compliance with the Professional Corporation Act and the rules in this Subchapter; and

(4)           a signed certificate (N.C.M.B.-P.C. Form 2) certifying that all shareholders are duly licensed to practice medicine in North Carolina or are otherwise qualified to own shares pursuant to G.S. 55B-6, 55B-14(c) or 55B-16.

(b)  The Board shall review the articles of incorporation for compliance with the laws relating to professional corporations and with the rules in this Subchapter.  If they comply, the Board shall approve N.C.M.B.-P.C. Form 2 and return the original articles of incorporation and the copy to the incorporators for filing with the Secretary of State. An official copy of the articles of incorporation shall be retained in the office of the Board.  If the articles of incorporation are subsequently changed before they are filed with the Secretary of State, they shall be re-submitted to the Board and shall not be filed with the Secretary of State until approved by the Board.

History Note:        Authority G.S. 55B-4; 55B-10; 55B-12;

Eff. February 1, 1976;

Amended Eff. January 1, 2012; September 1, 1995; July 1, 1993; May 1, 1989; November 1, 1985;

Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.