GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 1177

Short Title:  Raise Register of Deeds Fees.	(Public)
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Sponsors: Representative Redwine.
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Referred to:  Finance.
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May 8, 1991

A BILL TO BE ENTITLED
AN ACT TO INCREASE VARIOUS FEES CHARGED BY REGISTERS OF DEEDS AND TO AUTHORIZE THE IMPOSITION OF FEES RELATED TO UNIFORM COMMERCIAL CODE FIXTURE FILINGS AND TERMINATION STATEMENTS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 161-10(a) reads as rewritten:
"§ 161-10.  Uniform fees of registers of deeds.
(a)	Except as provided in G.S. 130-40 or G.S. 161-11.1, all fees collected under this section shall be deposited into the county general fund.  In the performance of his duties, the register of deeds shall collect the following fees which shall be uniform throughout the State:
(1) 	Instruments in General. – For registering or filing any instrument for which no other provision is made by this section, whether written, printed, or typewritten, the fee shall be six dollars ($6.00) for the first page, which page shall not exceed 8 1/2 inches by 14 inches, plus three dollars ($3.00) for each additional page or fraction thereof.  A page exceeding 8 1/2 inches by 14 inches shall be considered two pages.
		When a document is presented for registration that consists of multiple instruments, the fee shall be ten dollars ($10.00) for each additional instrument.  A document consists of multiple instruments when it contains two or more instruments with different legal consequences or intent, each of which is separately executed and acknowledged and could be recorded alone.
	(2) 	Marriage Licenses. – For issuing a license –twenty-five dollars ($25.00); for issuing a delayed certificate with one certified copy – five dollars ($5.00); and for a proceeding for correction of names in application, license or certificate, with one certified copy – five dollars ($5.00).
(3) 	Plats. – For each original or revised plat recorded –twenty-three dollars ($23.00); for furnishing a certified copy of a plat –five dollars ($5.00).
(4) 	Right-of-Way Plans. – For each original or amended plan and profile sheet recorded – five dollars ($5.00).  This fee is to be collected from the Board of Transportation.
(5) 	Registration of Birth Certificate One Year or More after Birth. – For preparation of necessary papers when birth to be registered in another county – five dollars ($5.00); for registration when necessary papers prepared in another county, with one certified copy – five dollars ($5.00); for preparation of necessary papers and registration in the same county, with one certified copy – ten dollars ($10.00).
(6) 	Amendment of Birth or Death Record. – For preparation of amendment and affecting correction – two dollars ($2.00).
(7) 	Legitimations. – For preparation of all documents concerned with legitimations – seven dollars ($7.00).
(8) 	Certified Copies of Birth and Death Certificates and Marriage Licenses. – For furnishing a certified copy of a death or birth certificate or marriage license –five dollars ($5.00).  Provided however, a Register of Deeds may issue without charge a certified Birth Certificate to any person over the age of 62 years.
(9) 	Certified Copies. – For furnishing a certified copy of an instrument for which no other provision is made by this section – three dollars ($3.00) for the first page, plus one dollar ($1.00) for each additional page or fraction thereof.
(10)	Comparing Copy for Certification. – For comparing and certifying a copy of any instrument filed for registration, when the copy is furnished by the party filing the instrument for registration and at the time of filing thereof – two dollars ($2.00).
(11)	Uncertified Copies. – When, as a convenience to the public, the register of deeds supplies uncertified copies of instruments, or index pages, he may charge fees that in his discretion bear a reasonable relation to the quality of copies supplied and the cost of purchasing and maintaining copying and/or computer equipment.  These fees may be changed from time to time, but the amount of these fees shall at all times be prominently posted in his office.
(12)	Acknowledgment. – For taking an acknowledgment, oath, or affirmation or for the performance of any notarial act –two dollars ($2.00).  This fee shall not be charged if the act is performed as a part of one of the services for which a fee is provided by this subsection; except that this fee shall be charged in addition to the fees for registering, filing or recording instruments or plats as provided by subdivisions (1) and (3) of this subsection.
(13)	Uniform Commercial Code. – Such fees as are provided for in Chapter 25, Article 9, Part 4, of the General Statutes.
(14)	Torrens Registration. – Such fees as are provided in G.S. 43-5.
(15)	Master Forms. – Such fees as are provided for instruments in general.
(16)	Probate. – For certification of instruments for registration as provided in G.S. 47-14 –two dollars ($2.00).
(17)	Qualification of Notary Public. – For administering the oaths of office to a notary public and making the appropriate record entries as provided in G.S. 10-2 – five dollars ($5.00).
(18)	Reinstatement of Articles of Incorporation. – For filing reinstatements of Articles of Incorporation prepared pursuant to G.S. 105-232; such fees as provided for instruments in general.  The fee shall be paid by the corporation affected."
Sec. 2. G.S. 25-9-402(5) reads as rewritten:
"(5)	A financing statement covering timber to be cut or covering minerals or the like (including oil and gas) or accounts subject to subsection (5) of G.S. 25-9-103, or a financing statement filed as a fixture filing (G.S. 25-9-313) must contain a description of the real estate.  If the debtor does not have an interest of record in the real estate, the financing statement must show the name of a record owner.  A financing statement filed as a fixture filing (G.S. 25-9-313) on a form shall have the appropriate box checked to indicate that the collateral is, or includes, fixtures.  If (a) a copy of a security agreement is filed as a financing statement, as authorized by G.S. 25-9-402, or (b) a nonstandard form is filed, to perfect security interests in fixtures, the secured party or other filer shall attach thereto a form financing statement with the appropriate block checked to indicate that the collateral is, or includes, fixtures. In addition to other fees authorized for filing a financing statement, the fee for filing a financing statement as a fixture filing is eight dollars ($8.00).  If a financing statement is not marked as required by this subsection, it shall not be required to be indexed pursuant to G.S. 25-9-403(7)."
Sec. 3. G.S. 25-9-404(3) reads as rewritten:
"(3)	The fee for filing a termination statement is eight dollars ($8.00)."
Sec. 4. This act becomes effective July 1, 1991, and applies to fees collected on or after that date.  Sections 2 and 3 of this act apply to financing statements filed on or after July 1, 1991.