Key Takeaways

  • The North Carolina Secretary of State (NCSOS) oversees business formation, corporate filings, and recordkeeping for all North Carolina entities.
  • Entrepreneurs can file Articles of Incorporation or Articles of Organization through the NCSOS’s Business Registration Division either online or by mail.
  • The Business Registration Search tool allows users to check name availability, review registered agent details, and verify the status of corporations and LLCs.
  • Corporations must submit annual reports and pay associated filing fees to remain in good standing with the NCSOS.
  • The NCSOS also provides resources on trademarks, notaries, and UCC filings relevant to business compliance.

The Secretary of State in North Carolina governs the creation and oversight of NC corporations. If you want to build a business presence in North Carolina, follow these rules and guidelines.

About North Carolina Corporations

A corporation is created by a declaration of the shareholders. Incorporation requires shareholders to name an incorporator, who is empowered to create a North Carolina corporation. This process distinguishes the corporation as an entity separate from the shareholders.

The fee for filing Articles of Incorporation for a North Carolina corporation is $125 or $127 online.

Once the Articles of Incorporation are submitted to the Secretary of State for North Carolina, it takes between five and seven business days to process. It can be expedited for an additional fee of $200 for same day or $100 for a 24-hour turnaround.

Be sure that the following are included in your North Carolina Articles of Incorporation:

  • Corporate name must end in either Inc, Corporation, or Incorporate.
  • Number of North Carolina corporate shares authorized.
  • Classes of shares to be issued.
  • Beginning date of incorporation.
  • Main office address of the North Carolina corporation.
  • Names, addresses, and signatures of all North Carolina incorporators.
  • Nomination of a registered agent for the newly-formed corporation.

Responsibilities of the North Carolina Secretary of State

The North Carolina Secretary of State (NCSOS) plays a central role in regulating and maintaining business compliance across the state. The office oversees corporate, LLC, and partnership filings, ensuring that all entities meet statutory requirements before conducting business. The NCSOS also maintains the Business Registration Division, which manages the creation, dissolution, and maintenance of business entities registered in North Carolina.

In addition to business filings, the NCSOS manages notary public commissions, Uniform Commercial Code (UCC) filings, trademark registrations, and charitable solicitation licenses. The office also provides educational materials to help new business owners understand compliance requirements, such as annual report deadlines, registered agent obligations, and corporate naming rules.

Naming Your North Carolina Corporation

If you include your full legal name in the business title, there is no need to receive advance approval. Consider these examples:

  • James Jones Gardening is acceptable, but not Jones Gardening or Jim's Gardening.
  • Henry Redman Electrical Services would work, but not Redman Electrical Services.
  • You cannot use Harry's Barber Shop; make it Harry Martin's Barber Shop instead.

All submitted business names will be researched by the Secretary of State. If the name is too much like the name of another business, it will be rejected; also, certain words are prohibited.

You can also perform your own due diligence:

  • Ask the Secretary of State about the acceptability of your chosen name.
  • Do not use any these words in your business name, unless authorized: Bank, Banker, Banking, Cooperative, Co-Op, Mutual, or Trust.
  • Unless legally approved to offer the service, you cannot use these words in your business name: Architect, Architectural, Architecture, Certified Public Accountant (or any initials or letters used for abbreviation), Engineer, Engineering, Insurance, Survey, Surveying, Surveyor, or Wholesale.
  • Check the Register of Deeds county office for existing names close to what you are considering.
  • Run queries of local and state business directories and the chamber of commerce.
  • Search the Secretary of State database of trademarks.
  • Check the U.S. Patent and Trademark Office.

Conducting a North Carolina Business Name Search

Before filing formation documents, it’s important to confirm that your chosen business name is unique. The North Carolina Secretary of State’s Business Search tool allows users to verify name availability, review existing entity details, and avoid potential trademark conflicts.

When using the online search:

  • Enter your desired name in the “Company Name” field on the Business Registration Search portal.
  • Review active and dissolved business entities to ensure your name is distinguishable.
  • Confirm that your name meets state requirements, including appropriate designators like Inc., Corp., or LLC depending on entity type.

You can also check for conflicts with federal trademarks through the U.S. Patent and Trademark Office (USPTO) database, as a name approved by the state may still infringe on federal marks.

Searching for North Carolina LLC Names

For persons interested in forming a Limited Liability Company, commonly referred to as LLC, a business name search must be conducted, just like you check for corporate business names. An excellent starting place is the North Carolina state online database.

Businesses that apply for LLC status must use Limited Liability Company, L.L.C., or LLC at the end of the legal business name.

An LLC cannot use the following words in their name: Corporation, Corp., Incorporated, Inc.

The state requires that each LLC name is “distinguishable,” meaning it cannot match too closely with any other existing businesses. 

Other sensible advice to follow when coming up with a name for your new LLC is:

  • Keep the name of your LLC easy to spell.
  • Keep the name of your LLC short for easier recall.
  • Have the name of your LLC related to the service or product you offer.
  • Create a name that leaves a positive impression on customers and prospects.
  • Try to find a name that generates a good or warm feeling towards your company.

North Carolina Secretary of State Online Services

The North Carolina Secretary of State’s website offers several online services to make business formation and compliance more efficient. Key digital resources include:

  • Business Registration Portal: File and manage Articles of Incorporation, annual reports, and amendments electronically.
  • Name Reservation Service: Reserve a business name for 120 days prior to filing.
  • Annual Report Filing: Submit required reports online to maintain good standing.
  • Certificate Requests: Order Certificates of Existence, Certified Copies, or other official documents.
  • Trademark and Service Mark Registration: Register and renew marks used in North Carolina commerce.
  • UCC Search and Filing System: Search financing statements or file new UCC documents electronically.

These services are available through the NCSOS Business Registration Division’s website at sosnc.gov.

The Filing Process

A one-time fee of $125 must be paid when Articles of Incorporation are filed. If you want to reserve a business name, there is an extra $30 fee. There are also annual report filing fees of $25.

When filing the forms, a board of director member must perform the submission. If no directors have yet been named, or if the corporation is still in the stage of formation, an incorporator may be authorized to submit documents. Finally, a fiduciary may be named to execute the necessary paperwork.

Once the filing process is completed, you will get updates via email.

Considering the information that must be gathered, submitted, and tracked, you should work with an attorney experienced in filing corporate documents in North Carolina. 

Contact Information and Filing Details

Businesses can contact the North Carolina Secretary of State, Corporations Division, for questions or assistance related to filings:

  • Mailing Address:
    Secretary of State
    Business Registration Division
    P.O. Box 29622
    Raleigh, NC 27626-0622
  • Physical Office:
    2 South Salisbury Street
    Raleigh, NC 27601
  • Phone: (919) 814-5400
  • Fax: (919) 807-2039
  • Website: www.sosnc.gov

Business documents can be submitted online or by mail. Standard filings are processed in 5–7 business days, while expedited service is available for an additional fee—$100 for 24-hour service or $200 for same-day processing.

Frequently Asked Questions

1. What does the North Carolina Secretary of State do? 

The NCSOS oversees business formation and compliance in North Carolina, maintaining records for corporations, LLCs, and partnerships, and administering services such as trademark registration and UCC filings.

2. How do I check if a business name is available in North Carolina? 

You can perform a name search through the Secretary of State’s Business Registration Search tool at sosnc.gov. Ensure the name is distinguishable from existing entities.

3. How do I file Articles of Incorporation in North Carolina? 

You can file online through the Business Registration Portal or mail the form to the Secretary of State’s office in Raleigh. The filing fee is $125, with expedited options available.

4. What annual requirements must corporations meet? 

Corporations must file an annual report with the Secretary of State and pay a $25 fee to maintain active status. Reports are due by the 15th day of the fourth month after the fiscal year ends.

5. Can I reserve a business name before filing? 

Yes. You can reserve a business name for 120 days by submitting an application online or by mail to the Secretary of State with a $30 fee.

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