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HB 250

An Act amending the act of November 29, 2004 (P.L.1376, No.178), known as the Alternative Fuels Incentive Act, further providing for Alternative Fuels Incentive Fund.

2025-2026 Regular Session Introduced by Johanny Cepeda-Freytiz and 15 co-sponsors

The bill waives fees and extends due dates for annual reports for business entities majority-owned by deployed service members, protecting them from dissolution.

Referred to Environmental & Natural Resource Protection
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Bill Summary · HB 250

Summary — HB 250: Annual Report Due Date / Deployed Servicemembers

Status: Enacted in 2025 (multiple committee substitutes and engrossed editions).
Primary subject: waiving/extending annual report filing deadlines and fees for business entities owned by deployed members of the Armed Forces.

Purpose

To provide administrative relief to corporations and limited liability companies (LLCs) that are majority‑owned by members of the U.S. Armed Forces who are deployed away from their county of residence. The bill delays the due date for required Secretary of State annual reports, waives related filing fees in certain cases, and protects such businesses from administrative dissolution while the owner is deployed.

Key provisions

  • Covered entities:
    • Domestic and foreign corporations and LLCs authorized to transact business in the State in which the bill is enacted (text reflects North Carolina editions).
    • Relief applies where more than 50% ownership interest is held by one or more deployed members of the Armed Forces (defined to include active service and reserve components; later drafts include Space Force).
  • Definition of “deployed member”:
    • A service member removed from his/her county of residence by official order for a deployment period that ends on or after the threshold date tied to the annual report due date.
  • Notice / documentation:
    • Prior to deployment, the deployed member (or an authorized representative) must file a sworn affidavit or notice of deployment with the Secretary of State (electronically or on paper). Required information includes owner name, entity name, percentage ownership, expected deployment start/end dates, and either a certification that the most recent annual report information is unchanged or the updated information required in the report.
    • If deployment is extended, the entity must file a sworn affidavit of extended deployment (specific timing provisions vary by edition — commonly within 180 days of the end date stated in the initial affidavit).
  • Extended due dates and retroactive timeliness:
    • Corporations: annual report is deemed timely if filed within 90 days after the end of the deployment period (or after an extension period if verified).
    • LLCs: across versions the due date is set as April 15 of the year immediately following the end of deployment or similar 90‑day/April 15 timing (final edition uses April 15 for LLCs).
    • When timely affidavits are filed, reports submitted within the extended window are retroactively deemed timely filed.
  • Fee waivers:
    • Any filing fees required for the deployment notice and the deferred annual report under the specific statutory sections are waived.
  • Protection from administrative dissolution:
    • Grounds for administrative dissolution related to delinquent filings do not apply unless the period of delinquency extends a specified length past the end date stated in the affidavit (commonly 180 days).
  • Miscellaneous:
    • The bill prescribes the information to be included in affidavits and the procedures for retroactive validation of filings when deployments are extended.

Who is affected

  • Positive effect: small businesses, corporations, and LLCs where majority ownership is held by deployed servicemembers — reduces risk of involuntary dissolution, late fees, and administrative burdens while the owner is serving.
  • Administrative impact: Secretary of State’s office will process deployment affidavits and manage retroactive timeliness determinations; workload increases are expected to be modest.
  • Fiscal impact: provisions waive certain fees; expected to have minimal fiscal impact overall (no major new appropriations indicated in provided materials).

Practical timeline / steps for owners

  1. Before deployment: file the sworn affidavit/notice with the Secretary of State including deployment orders or commanding‑officer verification.
  2. If deployment is extended: file the affidavit of extension within the statutory window (e.g., within 180 days of end date stated originally).
  3. File the delayed annual report within the extended deadline (90 days after deployment end for corporations, April 15 following end for LLCs in final drafts) — report will be treated as timely.
  4. Keep deployment documentation on file; fee waivers apply to the specified filings.

Effect / policy impact

The bill reduces administrative hardship on military‑connected small businesses, preserves continuity of business registration while owners are serving, and limits the exposure of such entities to involuntary dissolution or penalties during deployments. The tradeoff is modest additional administrative processing for the Secretary of State and the statutory mechanics required to verify deployment and extensions.

Compiled from official sources — confirm details with the bill’s official record.

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