Do I need a lawyer to Form a LLC in North Carolina? |
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The short answer is no.
The state of North Carolina does not legally require a lawyer to form a
North Carolina Limited Liability Company (LLC).
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The short answer is no.
The state of North Carolina does not legally require a lawyer to form a
North Carolina Limited Liability Company (LLC).
Our detailed LLC Information page may help you understand some
of the implications of forming a North Carolina LLC.
However, if there is anything about Forming a LLC in North Carolina
that you're not sure about you should seek the advice of a competent North Carolina lawyer, a North Carolina accountant,
or a North Carolina Business advisor before you form a LLC in North Carolina.
Once you have made the decision to Form a LLC in North Carolina, a North Carolina lawyer
can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents
to perform these services and save money that you can use in your new
North Carolina Limited Liability Company.
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Do I have to Reserve a Company Name before I Form a LLC in North Carolina?
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You are not legally required to reserve a Company Name for a new North Carolina LLC before you submit your application to
Form a LLC in North Carolina.
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You are not legally required to reserve a Company Name for a new North Carolina LLC before you submit your application to Form a LLC in
North Carolina.
Whether or not you need to reserve a company name for your new North Carolina LLC depends entirely on your business situation.
The North Carolina Secretary of State uses names on a first come first served basis.
So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that North Carolina Company Name.
Click here for more information on
North Carolina Company Name Reservation
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What if the North Carolina LLC Name I want is already taken?
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If the Name you have chosen for your new North Carolina LLC is already in use by a currently active
North Carolina Corporation or LLC, and you still want to use that LLC Name, then you will have to register a DBA Name with the North Carolina Secretary of State. "DBA" is an abbreviation for "Doing Business As."
We verify that the Name you have chose for your new North Carolina LLC is available before we submit
your new LLC filing to the North Carolina Secretary of State.
If necessary we can register a DBA Name in North Carolina for you so that you can open your new North Carolina business as quickly as possible.
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What do I have to do to Form a LLC in North Carolina?
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6 things you have to do in order to Form a LLC in North Carolina.
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6 things you have to do in order to Form a LLC in North Carolina.
1. Choose a name for your North Carolina LLC
2. Select an official address and a Registered Agent for your North Carolina LLC
3. Determine who will be Members and who will Manage your North Carolina LLC
4. Determine how you want your North Carolina LLC to be taxed
5. File Articles of Organization with the North Carolina Secretary of State
6. Get a Federal Employer Identification Number (FEIN)
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1. Choose a name for your North Carolina LLC
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Your North Carolina LLC name can identify the type of products and services your business will provide;
or it may be the name of the founder; or it can be a combination of the two or something else.
In any case, the North Carolina LLC name that you choose must be distinguishable from the name of any other registered North Carolina LLC or other
registered North Carolina business entity, such as a North Carolina Corporation or LLP.
The LLC name must also be different from any reserved names on record with the state of North Carolina.
Your North Carolina LLC name must not imply that it was formed for a purpose other than that stated in your
Articles of Organization;
and your North Carolina LLC name must not be a name that is likely to mislead the public.
The name of a North Carolina LLC must include the word "LLC" or
"Limited Liability Company" or an abbreviation of one of these words.
It's important to choose a good name for your North Carolina LLC because if you want to change it after you
Form a LLC in North Carolina you
will have to file amended Articles of Organization with the North Carolina Secretary of State (and pay a fee).
We will:
- Check to make sure that your North Carolina LLC name is available
- Make sure your North Carolina LLC name conforms to state of North Carolina regulations
- Reserve your North Carolina LLC name with the North Carolina Secretary of State
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2. Select an official address and a Registered Agent for your North Carolina LLC
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Every North Carolina LLC must have an address that is physically located in the state of North Carolina.
This address is "registered" with the North Carolina Secretary of State.
The Registered Address is where official and legal correspondence can be delivered.
The individual or company that is registered with the state of North Carolina to receive all correspondence on behalf of the North Carolina
LLC is called a "Registered Agent" or "Agent for Service of Process".
You may act as your own Registered Agent, however, many North Carolina LLCs hire a Registered Agent because they don't have a physical
address within the state of North Carolina or to provide a distinct level of privacy.
- We can act as the official Registered Agent for your North Carolina LLC.
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3. Determine who will be Members and who will Manage your North Carolina LLC
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The owners of a North Carolina LLC are called Members - not Partners or Shareholders.
(a North Carolina Limited Liability Company does not issue stock).
Members make all business decisions and realize the financial benefits generated by the North Carolina LLC.
Division of ownership and distribution of profits are decided by private agreement among the Members.
Each North Carolina LLC must have at least one Member.
Members need not live in the state of North Carolina or be citizens of the United States.
Managers are responsible for the day to day operation of the North Carolina LLC.
Members elect or appoint Managers and have the power to remove them.
Managers may or may not be Members of the North Carolina LLC.
Management for your North Carolina LLC may be defined in your Articles of Organization or, more commonly, in an Operating Agreement.
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4. Determine how you want your North Carolina LLC to be taxed
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The IRS does not recognize a Limited Liability Company as a classification for federal tax purposes.
North Carolina LLC Members can elect for the IRS to tax the LLC as a sole proprietorship, partnership, C Corporation, or S Corporation.
This decision may be made after the North Carolina LLC is created.
If a single Member North Carolina LLC does not declare a tax classification it is taxed the same as a sole
proprietorship.
A multiple Member North Carolina LLC that does not declare a tax classification is taxed as a general partnership.
More specific federal LLC tax information can be found at the
IRS web site.
- If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your North Carolina LLC and include it with
your LLC formation documents.
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5. File Articles of Organization with the North Carolina Secretary of State
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A North Carolina Limited Liability Company is a type of business that is authorized by the state of North Carolina - not by the federal government.
In order to form a LLC in North Carolina you must file Articles of Organization with the North Carolina Secretary of State.
The Articles of Organization must include certain specific information about your North Carolina LLC.
If the Articles do not conform exactly to state of North Carolina requirements they will be rejected.
You may subsequently amend the Articles of Organization for your North Carolina LLC but you will have to pay a fee to the state of
North Carolina in order to make the changes official.
- We can prepare and file your Articles of Organization with the North Carolina Secretary of State.
We've been doing it for over 10 years.
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6. Get a Federal Employer Identification Number (FEIN)
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A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a
business entity.
An FEIN is like a Social Security Number for your North Carolina LLC.
All North Carolina LLCs electing to be taxed as a C-Corporation or S-Corporation are required to have a FEIN.
If you do not elect to have your North Carolina LLC taxed as a Corporation you may still need to get a FEIN if it is composed of multiple members or
if you plan to have employees.
If you plan to form a Single Member North Carolina LLC you may not need a separate FEIN for the LLC if you have no employees.
The sole Member of a Single Member North Carolina LLC may be able to use his or her Social Security Number instead of applying for an FEIN.
You may request a FEIN for your North Carolina LLC for banking or state tax purposes, but an FEIN may not be required for federal tax purposes depending
on your business circumstances.
- We can get a FEIN for your North Carolina LLC as soon as it is approved by the North Carolina Secretary of State.
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What do I have to do after I form my North Carolina LLC? |
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5 things you have to do after you Form a LLC in North Carolina.
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5 things you have to do after you Form a LLC in North Carolina.
1. Conduct an Organizational Meeting and adopt an Operating Agreement
2. Open a Business Bank Account in North Carolina for your NC LLC
3. Obtain Business Licenses from the cities and counties in which you plan to do business
4. File the required North Carolina LLC reports
5. Keep proper records of your North Carolina LLC on file
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1. Conduct an Organizational Meeting and adopt an Operating Agreement
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An Operating Agreement defines the rules by which your North Carolina LLC will operate.
It is the core document that is referred to when issues concerning your LLC need to be resolved.
Operating Agreements may include requirements for almost anything that involves the management and operation of your North Carolina LLC.
By having an Operating Agreement all Members will be provided with a clear set of rules they have agreed upon thus reducing the likelihood of
disagreement in the future.
Items commonly included in an Operating Agreement for a North Carolina LLC:
- Rights and duties of Members
- Member contributions
- Record keeping and reporting requirements
- Distribution of profits
- Allocation of losses
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- Management duties
- Meeting requirements
- Voting requirements
- Admission and termination of Members
- Dissolution procedures
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Although an Operating Agreement is not required in the state of North Carolina, if you plan to form a multiple Member North Carolina LLC
it is highly advisable to have one.
Having an Operating Agreement will save you a lot of time and money should conflict arise down the line.
As your North Carolina LLC grows over time, you may amend your Operating Agreement as necessary.
When your North Carolina LLC has an Operating Agreement your business will be governed by your own rules and not some canned business rules created by
the state of North Carolina.
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2. Open a Business Bank Account in North Carolina
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It's very important that you have a separate business bank account for your North Carolina LLC.
Mixing personal and business funds may get you in a lot of trouble with the tax man down the line.
It's a good idea to contact the bank before you open a business bank account for your North Carolina Limited Liability Company.
Specific requirements vary from bank to bank.
In most cases you will need a FEIN, a copy of your North Carolina LLC Articles of Organization, and a resolution identifying authorized signers
if those names are not listed in the Articles.
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3. Obtain Business Licenses from the cities and counties in which you plan to do business
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Note that forming a North Carolina LLC doesn't take the place of obtaining a business license, tax
registration certificate, or other required business permits.
A North Carolina LLC merely creates an ownership structure that limits the owner's personal liability.
You may still need to take care of getting set up to do business with your local government.
Depending on the nature of the business and the location of your North Carolina LLC you may need to get one or more city
business licenses or permits.
The business licenses or permits that are required for your North Carolina LLC vary depending on your business activities
and the specific locations within the state of North Carolina in which you want to conduct business.
If your North Carolina LLC will be selling products in North Carolina you may be required to obtain a Reseller's Permit from the appropriate
North Carolina state agency.
If your North Carolina LLC will be selling products in North Carolina you will also be responsible for all applicable local and state of North Carolina
sales taxes if there are any.
- We can research and prepare the necessary forms for your required business licenses and permits and include them in your North Carolina LLC package.
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4. File the required North Carolina LLC reports
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Each North Carolina LLC must file a with the North Carolina Secretary of State.
The North Carolina includes basic information about your North Carolina LLC.
Failure to submit a properly completed North Carolina to the North Carolina Secretary of State on or before the
due date may subject the North Carolina LLC to being administratively dissolved in the state of North Carolina or having its authority to
transact business in the state of North Carolina revoked by the North Carolina Secretary of State.
Penalties may accrue if you fail to file any North Carolina LLC to the North Carolina Secretary of State
by the due date.
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We will fill out and file your Initial Annual Report with the North Carolina Secretary of State and include confirmation of filing
with your LLC formation documents.
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5. Keep proper records of your North Carolina LLC on file
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Keep the following records on file and available at the principal business office of your North Carolina LLC:
- Names and addresses of all Members and Managers of the North Carolina LLC
- Articles of Organization for the North Carolina LLC and any Amendments to them
- Copies of all tax returns and reports for the North Carolina LLC for the last 3 years
- If the North Carolina LLC has an Operating Agreement, a copy of the Operating Agreement and any Amendments
- Copies of any LLC Resolutions which have been adopted by the North Carolina LLC
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What information do I need in order to Form a LLC in North Carolina? |
In order to Form a LLC in North Carolina you'll need certain specific information about your new Company
including the LLC name and address; and the name and address of the new North Carolina LLC's Registered Agent.
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In order to Form a LLC in North Carolina you'll need the following information about your new Company:
- The name of your new North Carolina LLC along with your second choice of a name in case the name that you want is not available
- Physical addess of the LLC office in North Carolina (not a PO Box)
- Name and address of your North Carolina Registered Agent (not a PO Box)
- A description of the nature of the business you are planning to operate with your North Carolina LLC
- Who is going to manage the day to day operation of your North Carolina LLC
- When your North Carolina LLC will start and when it will cease to exist (normally the LLC starts on the date the application is filed and will exist perpetually)
You do not have to name the Members of a
North Carolina LLC in the Articles of Organization.
While you are not required to name the Members of a new North Carolina LLC you still may include Member information with your initial
North Carolina LLC filing.
Remember - ALL the information that you provide when you Form a LLC in North Carolina becomes part of the public record.
Our data entry forms include the absolute minimum amount of information that is required in order to Form a Limited Liability Company in North Carolina.
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How long does it take to Form a LLC in North Carolina? |
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Processing times for new North Carolina LLC applications vary depending on the work load of the
Secretary of State's staff.
We've found that normal processing of new North Carolina Articles of Organization takes the state around 3-5 business days.
Add 2-3 days for the time period for shipping the final documents by mail.
Choosing our Express Mail option can shave a couple of days off the total processing time for your North Carolina LLC.
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PLEASE NOTE: WE CANNOT GUARANTEE NORTH CAROLINA SECRETARY OF STATE PROCESSING TIMES.
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We are dependent on, and have no control over, the staff and systems of the North Carolina Secretary of State.
In our experience 3-5 business days is the time it usually takes the North Carolina Secretary of State to process
a new North Carolina LLC application.
We get your North Carolina LLC application to the NC Secretary of State ASAP. Once it is at the state we have no control over the new North Carolina LLC application process.
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Are there any Expedited Processing Options for new NC LLC Filings?
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The North Carolina Secretary of State offers two expedited processing options for new NC LLC filings. For an additional $100 the Secretary of State will process your application for a new North Carolina LLC within 24 hours. For $200 the Secretary of State will process your application for a new NC LLC the same day if the new LLC application is received before noon.
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How much does it cost to Form a LLC in North Carolina? |
The state of North Carolina charges $127.00 to form a new LLC.
This is the cost of filing and getting a Certified Copy of your Articles of Organization from the NC Secretary of State.
If you choose All Business Documemnts to help you form your LLC in North Carolina, our processing fees are $125.00.
We start processing your new North Carolina LLC order as soon as we get it.
Total cost includes:
- Name Check and Reservation
- Prepare Articles of Organization
- File Articles of Organization with the North Carolina Secretary of State
- Certified Copies of Articles
- North Carolina LLC Checklist
- Priority Mail Delivery
- Unlimited Customer Support
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North Carolina Foreign LLC Qualification |
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You want to do business in the state of North Carolina but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of North Carolina you must register with the North Carolina Secretary of State as
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You want to do business in the state of North Carolina but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of North Carolina you must register with the North Carolina Secretary of State as
a North Carolina Foreign LLC.
The process of registering as a Foreign LLC in the state of North Carolina is called North Carolina LLC Foreign Qualification.
The process of North Carolina LLC Foreign Qualification is similar to the process of forming a Domestic LLC in the state of North Carolina.
Your original formation documents (usually called Articles of Organization) and Corporate Bylaws apply to your North Carolina Foreign LLC.
The Members and Managers of your Domestic LLC have the same roles in the North Carolina Foreign LLC.
Click here for specific requirements for
North Carolina LLC Foreign Qualification.
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