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North Carolina Updates Professional Employer Organization Licensing and Financial Requirements

Original title: Amend NC PEO Act.-AB

Last action · May 1, 2025: Ref To Com On Rules and Operations of the Senate (Senate action)Sponsors: Chris Humphrey and 2 others

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Would Do

North Carolina updates licensing, financial reporting, background check, and surety bond rules for professional employer organizations and groups. The measure requires applicants to submit audited GAAP financial statements prepared within 120 days rather than 90 days, maintain a of at least $50,000, and provide fingerprints for criminal history record checks.

Why it matters

Professional employer organizations operating in North Carolina must meet revised financial transparency thresholds, surety bond calculations, and background investigation standards set by the Department of Insurance.

Background
  • Professional employer organizations (PEOs) enter into co-employment relationships with client businesses to handle human resources, payroll, and worker benefits. context
  • The North Carolina Department of Insurance regulates professional employer organizations to ensure adequate financial solvency and consumer protection. context

Who It Would Affect

Groups the bill's text would affect if enacted, as described in the record. Being affected is not a position for or against it.

Directly affected

Professional employer organizations

PEOs must comply with updated financial reporting timelines, tangible net worth minimums, surety bond calculations, and background check submissions for licensure.

Directly affected

Department of Insurance

The Department administers license applications, reviews audited financial statements, processes background checks, and enforces regulatory compliance.

Directly affected

Assigned employees

Employees assigned by PEOs are affected by financial solvency protections and assurances regarding payroll, taxes, workers' compensation, and employee benefits.

Key Facts

  • Applicants for a PEO license must submit an audited GAAP financial statement prepared as of a date not more than 120 days before application, expanded from the previous 90-day limit.
  • PEO applicants must maintain a tangible net worth of not less than $50,000 and positive working capital.
  • An applicant whose current assets do not exceed current liabilities must file an additional surety bond equal to the applicant's negative working capital.
  • Every applicant must furnish a complete set of fingerprints for each officer, director, and controlling person to conduct state and national criminal history checks.
Show all 8 facts
  • The Commissioner may accept the audited financial statement of an applicant's parent company if the parent executes a guaranty agreement for obligations including payroll, taxes, workers' compensation, and benefits.
  • New or renewing licensees must file annual financial reports within 120 days after the end of each fiscal year along with an attestation regarding payroll and benefit obligations.
  • De minimis registration is available for out-of-state PEOs that do not maintain a physical office in North Carolina and employ no more than 50 assigned employees in the state.
  • The Commissioner may deny a license if an officer, director, or controlling person has been convicted of a felony, committed fraud, or violated professional employer laws.

Frequently Asked Questions

How do background checks work for PEO officers and directors?
Applicants must furnish a complete set of certified fingerprints for each officer, director, and controlling person so the Department can request criminal history record checks from the State Bureau of Investigation and the Federal Bureau of Investigation.
When does an out-of-state PEO qualify for de minimis registration?
An out-of-state PEO qualifies if it maintains no physical office or domiciled status in North Carolina, employs no more than 50 assigned employees in the state, does not employ local salespersons, and is licensed or registered in at least one other state.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Currently passed chamber. The next step in the legislative lifecycle is Law.

Procedural history

18 actions
  1. May 1, 2025Senate
    Ref To Com On Rules and Operations of the Senate
  2. May 1, 2025Senate
    Passed 1st Reading
  3. May 1, 2025Senate
    Regular Message Received From House
  4. May 1, 2025House
    Regular Message Sent To Senate
  5. Apr 30, 2025House
    Ordered Engrossed
  6. Apr 30, 2025House
    Passed 3rd Reading
Show 12 earlier actions
  1. Apr 30, 2025House
    Passed 2nd Reading
  2. Apr 30, 2025House
    Amend Adopted A1
  3. Apr 29, 2025House
    Placed On Cal For 04/30/2025
  4. Apr 29, 2025House
    Cal Pursuant Rule 36(b)
  5. Apr 29, 2025House
    Reptd Fav
  6. Apr 17, 2025House
    Re-ref Com On Rules, Calendar, and Operations of the House
  7. Apr 17, 2025House
    Withdrawn From Com
  8. Apr 17, 2025House
    Re-ref Com On Finance
  9. Apr 17, 2025House
    Reptd Fav Com Substitute
  10. Apr 3, 2025House
    Ref to the Com on Insurance, if favorable, Finance, if favorable, Rules, Calendar, and Operations of the House
  11. Apr 3, 2025House
    Passed 1st Reading
  12. Apr 2, 2025HouseIntroduced
    Filed

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift100% confidence

Extension of Financial Statement Window

The bill extends the allowable age of audited GAAP financial statements submitted with license applications from 90 to 120 days.

Connected Entities

Chris Humphrey, Federal Bureau of Investigation, Department of Insurance and 4 more
PersonChris Humphrey“Primary sponsor of the House Bill”Map →
OrganizationFederal Bureau of Investigation“Performs national criminal history record checks when requested”Map →
OrganizationDepartment of Insurance“State department recommending the act and administering PEO licenses”Map →
OrganizationState Bureau of Investigation“Provides criminal history checks using applicant fingerprints”Map →
PersonMitchell Setzer“Sponsor of the House Bill”Map →
PersonJennifer Balkcom“Sponsor of the House Bill”Map →
OrganizationGeneral Assembly of North Carolina“Legislative body enacting the bill”Map →

Sources

Analysis Score

0–100
  • Significance65
    How much this matters to a regular citizen
  • Controversy15
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz15
    Current news / social attention level

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