NC LLC Filing Requirements: Everything You Need to Know
There are specific NC LLC filing requirements that you must follow when forming your North Carolina limited liability company. Specifically, North Carolina LLCs are easy to form, as is the case with most state requirements for LLCs.3 min read
There are specific NC LLC filing requirements that you must follow when forming your North Carolina limited liability company. Specifically, North Carolina LLCs are easy to form, as is the case with most state requirements for LLCs.
Articles of Organization
In order to form your North Carolina LLC, you must file the Articles of Organization with the Secretary of State’s office. This document will include the following information:
- Business name
- Principal address
- Duration of the LLC
- Registered agent name and address
- How the LLC will be managed (member or manager-managed)
- Business e-mail address
- Date when the LLC will begin conducting business
- Name, address, and title of owners (members)
The name must be the full name, along with the LLC business indicator. The principal address must not be a P.O. box, but an actual physical address. If your principal place of business is different from your mailing address, then you will need to include both addresses. If the LLC is going to last indefinitely, then you will leave that information blank in the document. However, if you plan on ending your business on a certain date, then you will provide the date when your business will dissolve.
Your company must include the name and address of a registered agent, who will receive legal papers on behalf of your business. It is not required that you provide an e-mail address; by providing this contact information, you will receive updates from the Secretary of State’s office regarding updates and reminders for other filings that are required for the upkeep of your LLC.
If you don’t intend on starting your business right away, you can provide a date up to 90 days in the future, but no later than that.
In addition to the aforementioned items, you can include other items regarding your LLC in the articles of organization, such as the purpose of your LLC, how membership interest can be sold or transferred, voting rights, and other important decisions pertaining to the business.
Once you have finished filling out the articles of organization, you will need to submit it with the applicable filing fee of $125. If you choose expedited services, the fee is $200 for same-day processing and $100 for 24-hour processing. If you choose normal processing times, it will usually take 3-5 business days.
NC LLC Business Name
There are some requirements when it comes to choosing your NC LLC business name. You will need to ensure that you choose a name that is not already being used by another NC LLC. In order to find out if the name you want to use is already in use, you can visit the North Carolina Secretary of State website and run a business entity search. If the name is free and available for use, then you can use that name. If you aren’t ready to move forward with that name choice, you can reserve it for up to 120 days for a nominal fee of $30. The request must be submitted in writing to the Secretary of State. Keep in mind that a name reservation is non-refundable and non-renewable. Therefore, after the 120-day period is up, you will need to either move forward with registering that business name or risk potentially losing it to another business if you aren’t ready to formally register your business in the state.
If another company has already reserved the name, then you might still be able to use that name if the other company agrees to give you use. If, however, another NC LLC is using the company name, then you must choose a different name.
Furthermore, you will need to include the LLC business designator at the end of your name, i.e. LLC, L.L.C., Limited Liability Co., et al. You cannot use terms like Corp, Partnership, or any other term that would indicate you are operating a business other than an LLC.
There are certain words that are prohibited from being used; such terms are commonly prohibited in most states. Some of these prohibited terms include:
- FBI, CIA, and any other government agency
- Lawyer, Doctor, Engineer, etc. unless you are actually licensed in this area
If you need help with the NC LLC filing requirements, you can post your legal need on UpCounsel’s marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Stripe, and Twilio.