In North Carolina the Secretary of State forms LLCs. The document is Articles of Organization, state Form L-01, and it goes to the Business Registration Division in Raleigh. This guide describes how the filing works and is not legal advice. Searches and contacts are in our North Carolina office guide. The general picture is in our articles of organization guide, and corporations are covered in our articles of incorporation guide.
What does the North Carolina LLC filing cost?
The filing fee for Articles of Organization is $125. For a business corporation, Articles of Incorporation also cost $125. A foreign LLC that wants to do business in the state pays $250 for an Application for Certificate of Authority.
The fee is the whole state charge for forming the company. The yearly cost comes later and is bigger than in many states, so read the annual report section below before you decide.
| LLC form | Articles of Organization, Form L-01 (sosnc.gov, checked ) |
|---|---|
| Form page | sosnc.gov/webfiles/documents/forms/Business_Registration/limited_liability_companies/articles_of_organization.pdf (sosnc.gov, checked ) |
| State filing fee for an LLC | $125 (sosnc.gov, checked ) |
| State filing fee for a corporation | $125 (sosnc.gov, checked ) |
| Processing time | A delayed effective date is allowed up to 90 days after filing (sosnc.gov, checked ) |
| Worth knowing | The LLC operating agreement is not filed with the Secretary of State. (sosnc.gov, checked ) |
| Faster processing (all filings) | 24 hours: $100; same day (received by noon ET): $200 (sosnc.gov, checked ) |
| Where to file online | sosnc.gov/divisions/business_registration/online_business_services (sosnc.gov, checked ) |
What goes on Form L-01?
The form asks for a short list of items.
- The company name, with a required ending such as Limited Liability Company, L.L.C., Ltd. Liability Co., Limited Liability Co. or Ltd. Liability Company.
- The name and address of each person signing, and whether each signs as member, organizer or both.
- The registered agent and the registered office address, with the county.
- A mailing address for the registered office, only if mail does not go to the street address.
- The principal office address and phone, or a box saying there is no principal office.
- Optional items, such as company officials and a business email for the state's free notification service.
Everyone listed in item 2 must sign. The articles can also include extra provisions on purpose or management, but they stay short for most small LLCs.
Who can be your registered agent?
North Carolina is strict about the type of agent. It must be a person who lives in the state, or a domestic or foreign company whose business office is the same as the registered office. The registered office address must be in North Carolina. Both the street address and the mailing address must be in the state.
Naming rules and reservation
The name must be distinguishable on the Secretary of State's records. An LLC ending such as LLC is disregarded when the state compares names, so adding it to a taken name does not help. Search the records first.
If you need time, an LLC name reservation costs $10 and runs 120 days with no renewal. A corporation pays $30 for a reservation.
When does the LLC take effect?
A filed document is effective on the date and time of filing. You can pick a delayed date, up to and including the 90th day after filing. If you give a date and no time, the document takes effect at 11:59:59 p.m. Raleigh time on that day.
What comes after filing?
Two things follow. First, the operating agreement stays with the company and is not filed with the state. Second, the LLC owes an annual report of $200 every April 15 starting the year after formation. A report more than 60 days late can lead to administrative dissolution, and reinstatement costs $100. Our annual report guide shows how the states compare.
If you want help with the filing, you can ask our private filing service. State fees are separate, and you can file with the Secretary of State yourself.
Sources
- www.sosnc.gov/fees/by_title/_Business_Registration_limited_liability_companies: LLC filing fee. Checked .
- www.sosnc.gov/fees/by_title/_Business_Registration_Business_corporations: corporation filing fee, expedite fees. Checked .
- www.sosnc.gov/divisions/business_registration/online_business_services: online filing. Checked .
- sosnc.gov/webfiles/documents/forms/Business_Registration/limited_liability_companies/articles_of_organization.pdf: llc form, form page, processing time. Checked .
- www.sosnc.gov/manual/launching_a_business/limited_liability_company_requirements: worth knowing. Checked .