Nc secretary of state LLC formation [Explained]

Last updated : Aug 1, 2022
Written by : Cameron Markert
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Nc secretary of state LLC formation

How do I set up an LLC in North Carolina?

  1. Choose a Name for Your North Carolina LLC.
  2. Appoint a Registered Agent for Your LLC.
  3. File Articles of Organization.
  4. Prepare an Operating Agreement for your North Carolina LLC.
  5. Get an EIN & Comply With Other Tax & Regulatory Requirements.
  6. File Annual Reports With the North Carolina Secretary of State.

Can you file a NC LLC online?

To form an LLC in NC you'll need to file the Articles of Organization with the North Carolina Secretary of State, which costs $125. You can apply online or by mail.

Do partnerships have to register with the secretary of state in North Carolina?

General partnerships are not registered with the NC Secretary of State's Office. However, if the entity is to have a name other than the names of the general partners, a certificate of assumed name is required to be filed with the Register of Deeds Office in the county where the principal office is located.

How much does it cost to register an LLC in NC?

Cost to Set Up an LLC in NC The cost to file a domestic LLC in North Carolina is $125. The cost to file a foreign entity is $250. In addition to filing fees, LLCs must also file an annual report with the Secretary of State, which costs $202 ($200 for paper filings).

How long does it take to get LLC approved in NC?

You can get an LLC in North Carolina in 7-10 business days if you file online (or 3-4 weeks if you file by mail). If you need your North Carolina LLC faster, you can pay for expedited processing.

How long does NC take to approve an LLC?

Your North Carolina LLC will be approved in 7-10 business days (regular filing) or 2-3 business days (expedited filing). After your LLC is approved, you will receive an email with your stamped and approved Articles of Organization.

Do I have to pay taxes on LLC in NC?

If an LLC is treated as a partnership or is disregarded as an entity separate from its owner for federal income tax purposes, the corporate member is required to file a North Carolina corporate income and franchise tax return even if it has no other activities in this State.

Can I be my own registered agent for my LLC in NC?

Yes, you can be your own registered agent for your North Carolina LLC, as long as you fulfill the state's requirements, including maintaining a physical office where you are available to receive documents and service of process on behalf of your LLC.

Do you have to renew your LLC Every year in North Carolina?

The State of North Carolina requires you to file an annual report for your LLC. You can mail in the report or complete it online at the Secretary of State website. Blank report forms are not available for download; instead, you can download a form already containing key information for your LLC from the SOS website.

Does NC Require LLC to have an operating agreement?

3. Negotiate and execute an operating agreement. North Carolina does not require an operating agreement in order to form an LLC, but executing one is highly advisable.

Do I need an operating agreement for my LLC in NC?

Every North Carolina LLC owner should have an operating agreement in place to protect the operations of their business. While not legally required by the state, having an operating agreement will set clear rules and expectations for your LLC while establishing your credibility as a legal entity.

Does an LLC need an EIN?

An LLC will need an EIN if it has any employees or if it will be required to file any of the excise tax forms listed below. Most new single-member LLCs classified as disregarded entities will need to obtain an EIN. An LLC applies for an EIN by filing Form SS-4, Application for Employer Identification Number.

Where is it cheapest to form an LLC?

  • Iowa — LLC Filing fee: $50.
  • Montana — LLC Filing fee: $50.
  • Utah — LLC Filing fee: $70.
  • California — LLC Filing fee: $70.
  • Delaware — Filing fee: $90.
  • Indiana — Filing fee: $95.

How do I get an EIN number in NC?

The easiest and fastest way to apply for an EIN is to visit the Internal Revenue Service (IRS) website, between the hours of 7 am – 10 pm EST, Monday – Friday. The online application process only takes about 5 minutes to file the EIN online, and the number will be ready in seconds.

How do I get a tax ID number in NC?

The Online Business Registration system allows you to electronically register for a NC tax account ID number instead of submitting the paper Form NC-BR. Anyone seeking to register a business for the indicated tax types can use the Online Business Registration system to establish state tax ID number(s).

How long does setting up LLC take?

Depending on how fast the state processes business filings, it can generally take between a week to ten business days. In some states, once your intake information is received, the state agency often issues approval for the limited liability company within only three business days.

How long does it take to register a business in NC?

It typically takes about 10 to 15 days to incorporate in North Carolina. Expedited filings are available for an additional fee ($200 for same day filings, $100 for 24-hour filings).

How do I set up an LLC online?

  1. Step 1: Name your LLC.
  2. Step 2: Select your state.
  3. Step 3: File articles of organization.
  4. Step 4: Choose a registered agent.
  5. Step 5: Create an operating agreement.
  6. Step 6: Apply for EIN.
  7. Step 7: Comply with tax requirements.

How much does an LLC cost?

You can file the LLC filing documents online, by mail, or in-person when visiting the local SOS office. The filing costs usually vary from $50 to $150 which is a single-time fee. If you plan to form your company in another state, then you might have to provide additional documentation and pay a higher formation fee.

How do I start a small business in NC?

  1. Step 1: Write a business plan.
  2. Step 2: Name and register your business.
  3. Step 3: Understand your tax, licensing, and employer requirements.
  4. Step 4: Get insured.
  5. Step 5: Separate your business and personal finances.
  6. Step 6: Secure startup funding.
  7. Step 7: Market your business.

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Nc secretary of state LLC formation

Comment by Shirley Winborne

welcome to the North Carolina Secretary of State's tutorial for filing a limited liability company annual report my name is mary jones and i'm the managing member of test LLC i started my company last year by filing articles of organization with the secretary of state unfollowing my first annual report online i'm filing online because I want my report to be filed with the office today and visible on the website when I'm done if I don't file online I may have to wait up to 12 weeks to get the data entered into the system and visible to my stakeholders from the Secretary of State's website I click file an annual report and the online services toolbar located in the center to bottom of the page this brings me to the main annual reports page which has a link to begin the online annual report process this page also has information regarding due dates mailing a paper filing and a summary of the process I click the get started button to begin the annual report filing process which takes me to the search page to search for my company I find out that North Carolina is a distinguishable upon the records state and one characters difference could be an entirely different company I enter the name of my company exactly as it is on file with the Secretary of State but without the ending LLC and click search a list of all companies that begin with my company name and tests appear I find my company and in the actions column I click at the monitor icon I found that if I hover my mouse over the icon it says what action it will take I choose the monitor icon to file an annual report this step in the process provides a listing of all past annual reports filed and the creation filing since this is my first annual report the only filing in the list is my creation filing the articles of organization I click the file most recent report button to begin entering my company information specific information is required in the annual report and the Secretary of State's office has broken it down into easy-to-understand sections the first page provides the company name and address and requests that I certify that the above company is the entity tend to file an annual report for and that I am authorized to file an annual report for the company to proceed to the next page I must click both certifications then click the next arrow on this page I verify the year of the report my LLC was formed in 2016 therefore my first annual report is due on or before April 15 2017 LLC annual reports are due in the current year and are not associated with the fiscal year end so I'm filing the 2017 report in 2017 and click the next arrow there are a few questions which I hear are new on the annual report regarding veteran owned businesses these questions are optional if I'm a veteran and don't want to report this information I click no or skip if available in the down-arrow menu the first questions asked whether 50% or more of the company is owned by a US military veteran I'm not a veteran but if I answer yes there are two more questions which will appear the first follow-up question asks that 50% or more of the company was owned by a disabled US military veteran and the second asked if the net receipts of the company were less than 1 million dollars I am NOT a veteran so I checked the no and the down arrow and then click the next arrow to go to the registered agent information page my registered agents name and address are already filled in because this was part of the articles of organization I filed when I created my LLC but I noticed that I can change the registered agent by selecting an entity on a drop-down list or clicking that another entity not on the drop-down list has given consent to be the registered agent if I want to change the registered agent to someone not on the list the next page asks for the email address and name of the new registered agent as well as whether the registered agent is a registered commercial entity which is a registered corporation or LLC in North Carolina I don't have a change so I go back and click the current registered agent name then click the next arrow this page asks for the registered agent street address I don't have changes to this information but if I did I can make those changes on this page if the mailing address is the same as the street address I click the box directly above the next arrow if the mailing address is different than the street address I am directed to a page to enter the registered mailing address when done I click the next arrow to go to the next section a brief description of the nature of business and a principal office telephone number are required this information was not included in my articles of organization I entered the nature of business and the principal office telephone number in the fields and he filled on this page with a red asterisk are required and if left blank the report will not be filed also on this page are two optional fields for email addresses the email addresses are not visible on the website and are used to notify the company when documents are filed when I'm done with this page I click the next arrow the next page requests principal office street address information again this information was not included in my articles of organization because I didn't have a principal office at that time by the time the first annual report is filed the company should have established a principal office the principal office is where the corporate books are located and/or where business is being conducted the principal office street address must be a physical location and the principal office mailing address must be a valid address where a mail was received the principal office Street and mailing address can be the same address I entered the principal office street address I check the box that this address is the same as the principal office mailing address if it isn't just like the registered agent mailing address I am asked to enter the different mailing address on the next page I click the next arrow and go to the company officials listing page here I enter the names and business addresses of all the company officials in my LLC one at a time if I need to add a company official I click add official then enter the name and business address in the fields provided you next year if I need to make any changes to the company official listing I'd click the circle next to the name then select the edit or delete button everything is now correct for my company so I click the next arrow and go to the certification page this page asks who is signing and certifying the annual report the company officials that I entered in the previous step are listed only those listed by clicking the down arrow or authorized to sign the document keep in mind an annual report filed online is the same as a paper annual report a company official listed on the annual report must sign it the signer is certifying that the information provided is true just as they would a paper annual report an electronic signature is the same as an original signature when you were filing online with the Secretary of State's office I make the selection then c

Thanks for your comment Shirley Winborne, have a nice day.
- Cameron Markert, Staff Member

Comment by Xenia

welcome to the north carolina secretary of state's tutorial for creating and submitting business registration forms online the north carolina secretary of state's office provides online form creation and electronic submission for many of the most popular business creation forms this video will walk you through the process of creating and submitting a form online for filing the process begins at the north carolina secretary of state's website by clicking the online services menu and choosing the link to submit a creation filing from the business registration links clicking submit a creation filing from any page of will bring you to the landing page for online form creation click the create and submit button to begin creating your form in this example we'll be creating a domestic limited liability company the first question is to determine if the entity will be a north carolina or domestic entity or if the filing is for a foreign entity or entity based outside the state wanting to conduct business in north carolina since i'm creating a north carolina limited liability company the answer for the first data field is no if i have a question about what's being requested in a data field i can hover my cursor over the question mark and a definition will appear the second data field asks me to select the entity type i choose limited liability company and click next the name i want to register is jumpingjackflashllc this process checks for name availability so let's see if the name i want is available i enter jumpingjack llc into the field and click next it seems the name i want is already taken the red text under the field provides the names of the entities already using this name however north carolina is a distinguishable upon the record state and an addition of one word or number is acceptable for filing i re-enter the name jumpingjack.4 llc and click next each domestic and foreign entity is required to maintain a registered agent and registered agent office of record in north carolina the sole duty of the registered agent is to receive any notice or demand on behalf of the company and forward to the principal office of the company i need to designate a registered agent i can choose from the first list and pay that company to be my registered agent or i can select an entity or person not on the list i can provide anyone i know who's living in north carolina and agrees to be my registered agent even myself i don't want to hire a corporate registered agent in fact i want to be the registered agent so i select the second option and click next i'm required to provide the email address of my selected registered agent i enter my email address jumpjf in the first field in the second field they want to know if my registered agent is a company or an individual in this case the registered agent is an individual i can't use the company i'm creating as it hasn't been created yet but i can change the registered agent to my company after creation if i choose i select no in the second data field more fields open up for the registered agent's name i enter my name mary l flowers and click next now i need to put in my registered agent's physical address this should be a business address as i don't want my residential address on the form i enter 314 summit drive sanford north carolina zip code 27330 in lee county i notice north carolina is the default as the requirement is for the registered agent to reside in north carolina i add the rest of the information for my address if this address is also the mailing address i can click the box if i don't the next page will ask for the mailing address i click the box indicating that's the same the address gets verified at this point so if this is not an actual address as recognized by the united states postal service i will get an error and be requested to review the address for typos or more information such as a suite or apartment number when i'm finished i click next upon creation of my company i don't actually have a principal office but if i did i would enter the telephone number on this page and the address on the next page just as with the registered agent address the principal office mailing address can be the same as the physical address i click the down arrow and choose no then next i need to add at least one organizer who will be signing the document since i'm completing this process i'm the organizer i click to add an entity or individual as organizer i am then asked if the organizer is a company which is a commercial entity since i'm in individual i choose no from the down arrow selections i'm then asked for the capacity member organizer or both a member and an organizer a member is a person who has an ownership interest in the company while an organizer is the person who forms the company by signing the document and submitting it to the north carolina secretary of state for filing a member can be the organizer but the organizer does not have to be a member i choose both as i have a membership interest in the llc and i'm filling out this form i enter my personal information and click save if there are more organizers i can add them at this time all organizers will be required to sign the document when i'm done entering the information i click next a business email address is requested but is optional for filing the secretary of state's office uses your email address to contact you regarding filings with the department and to send you any documents filed on behalf of your company this will assist me in staying aware of any third-party filings on my company and help guard against business identity theft i enter my company's email address the effective date is when i want the document to be effective i can choose the day of filing meaning the day the department's document examiner files it or i can choose any day up to 90 days in the future this is often used at the end of the calendar year when the business won't be effective until january 1st of the following year i leave this blank as i want the effective date to be the date the examiner files the document i click next i'm submitting this document today so i choose today's date as the date the documents signed the customer reference number is optional and may be used by attorneys with more than one client filing articles those identified as organizers earlier in the process are available to sign everyone listed earlier will need to sign the document choose the down arrow and the first person then type the person's name my name is the first and only name listed as an organizer so i choose my name then enter it in the data field as my signature this is also where if i had additional provisions to my articles i would upload them if i had additional provisions i would click to browse for attachment and choose the appropriate file from my personal computer files please note that the file name cannot contain certain characters listed when all documents if need be are attached and all organizers have signed the document click next this is where i can review the form and check for any typos or inaccurate information i can go back a

Thanks Xenia your participation is very much appreciated
- Cameron Markert

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