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#588864 - 07/26/06 06:41 PM Sole Proprietors
SARempress Offline
Junior Member
Joined: Jul 2006
Posts: 37
Deep in the Heart of Texas
Can someone tell me whether or not NC allows married couples to consider their jointly owned business (operating under an assumed name) as a Sole Proprietor? We just opened a branch in the state and I'm looking for a good source on NC laws affecting business organization. Any help would be appreciated!

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#588865 - 07/31/06 06:20 PM Sole Proprietors
elcinoca Offline
Platinum Poster
Joined: Jan 2002
Posts: 537
Elizabeth City, NC
SAREmpress,

Welcome to BOL and to North Carolina!

Based on my research, North Carolina code/statute is silent on this matter. And since by definition sole proprietor means one person, there's no statutory support for treating a H/W as a Sole Prop instead of a partnership. In my opinion it boils down to a risk vs. reward if, for instance, you wanted to give the H/W a NOW for their busness account.

Do a general search on BOL for the terms +husband +wife +sole +proprietorship and you will find several interesting threads from other states about this same issue.

As for a resource for business organizations, probably the best is North Carolina's Secretary of State web site, especially the Corporations page which provides links for infomration in Corporations, LLC, partnerships, etc.

MarkB

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