04 NCAC 16G .0824. APPLICATION SIGNATURES

(a)  Every application and every amendment thereto filed shall be manually signed by:

(1)           a duly authorized representative of the applicant on its behalf,

(2)           its principal executive officer,

(3)           its principal financial officer,

(4)           its principal accounting officer, and

(5)           at least two‑thirds of its directors.

(b)  If any name is signed to an application or any amendment thereto pursuant to a power of attorney, a manually signed copy of such power of attorney shall be filed with the application.

(c)  Except as provided in Paragraph (d) of this Rule, the filing of any application or amendment thereto under this Subchapter shall constitute a representation of the applicant by its duly authorized representative, the applicant's principal executive officer, the applicant's principal financial officer, and the applicant's principal accounting officer, and each member of the applicant's board of directors (whether or not such directors has signed the application or any amendment thereto) severally that:

(1)           He or she has read such application or amendment;

(2)           In the opinion of each such person, he or she has made such examination and investigation as is necessary to enable him or her to express an informed opinion that such application or amendment complies, to the best of his or knowledge and belief, with the applicable requirements of this Subchapter and forms prescribed hereunder; and

(3)           Each such person holds such informed opinion.

(d)  The representations specified in Paragraph (c) of this Rule shall not be deemed to have been made by any director of the applicant who did not sign the application or any amendment thereto, if and only to the extent that such director files with the administrator within 10 business days after the filing of the application or amendment a statement describing those portions of any filing with which there is no such representation.

 

History Note:        Authority G.S. 54C‑33; 54C‑53;

Eff. February 15, 1992.