How to Start Your LLC in North Carolina

    Legal Bueno helps with everything you need to start your business. We take care of all the paperwork so you don't have to worry about it. Want to learn more about the process we handle? Keep reading!

    Quick Summary:

    • Filing Fee: $125
    • Turnaround time: 2-5 business days

    How do I start an LLC in North Carolina?

    Thinking about starting an LLC? The process is pretty similar across the states. You'll start by picking a unique name for your business (you'll need to check to make sure it hasn't been taken!) and then filing some paperwork—usually called Articles of Organization or a Certificate of Formation—with your state's agency.

    If you want to check the name availability for North Carolina, visit https://www.sosnc.gov/online_services/search/by_title/_Business_Registration.

    After that's taken care of, you'll want to draft a governing doc for your business called an operating agreement & find any licenses you might need. Just keep in mind that each state has its own little quirks, so it's always a good idea to double-check specific requirements for your area.

    What are the costs & processing times of starting a business in North Carolina?

    Here's the rundown for North Carolina:

    • The filing fee is: $125
    • There are ongoing fees of $200 (every year)
    • It usually takes 2-5 business days if you're filing online or 2-5 business days (plus mail time) if by mail.

    Why North Carolina is a great state for your LLC

    Starting a company in North Carolina presents numerous advantages that can significantly enhance business prospects. Here are some of the key benefits:

    • Financial Incentives: North Carolina offers various business grants and tax incentives aimed at new and growing companies. Notably, the Job Development Investment Grant provides cash assistance to offset the costs involved in expanding or establishing business facilities.
    • Favorable Business Structure: Creating a Limited Liability Company (LLC) in North Carolina is a streamlined process, making it an ideal choice for startups and small to medium-sized businesses. LLCs provide the following benefits:
    • Tax Advantages: LLCs can offer specific tax treatment benefits, potentially resulting in savings. Moreover, the straightforward filing requirements facilitate easier management of tax obligations.
    • Affordability: With a low filing fee of just $125, establishing a North Carolina LLC is a cost-effective option for entrepreneurs looking to venture into business.

    These factors contribute to a supportive environment for starting a business in North Carolina, making it an appealing destination for entrepreneurs seeking growth and stability.

    Legal Requirements

    Remember! Legal Bueno will handle all of these requirements for you, but if you're interested, here are the legal requirements for North Carolina:

    Articles of Organization

    The articles of organization must include:1. The name of the LLC;

    1. The name and address of each person executing the articles of organization and whether the person is executing the articles of organization in the capacity of a member or an organizer;
    2. The street address, and the mailing address if different from the street address, of the LLC's initial registered office, the county in which the initial registered office is located, and the name of the LLC's initial registered agent at that address;
    3. The street address, and the mailing address if different from the street address, of the LLC's principal office, if any, and the county in which the principal office, if any, is located.
    4. If the LLC is to render professional services and is subject to N.C. Gen. Stat. § 57D-2-02 as a professional LLC, the professional services to be rendered by the LLC.

    The articles of organization may include any other provision that is or may be included in an operating agreement.

    N.C. Gen. Stat. § 57D-2-21

    If initial members are not identified in the articles of organization of an LLC, the organizer or organizers must either identify the LLC's initial members or dissolve the LLC.

    N.C. Gen. Stat. § 57D-2-20

    Filing fee: $125

    Filing Process

    After you've prepared the initial formation documents, you need to file it! Here is what North Carolina laws require for filing:

    A document that is permitted or required to be filed with the secretary of state must meet all of the following requirements:1. The document must contain the required information and may contain other information as well;

    1. The document must be typewritten, printed, or in an electronic form acceptable to the secretary of state;
    2. The document must be in the English language. A name need not be in English if written in English letters or Arabic or Roman numerals, and the certificate of existence or a document of similar import required of foreign LLCs need not be in English if accompanied by a reasonably authenticated English translation;
    3. A document submitted by an entity must be executed by a person authorized to execute the document;
    4. The person executing the document must sign it and state, beneath or opposite the person's signature, the person's name and the capacity in which the person signs. Any signature on the document may be a facsimile or an electronic signature in a form acceptable to the secretary of state. The document may but need not contain a seal, attestation, acknowledgment, verification, or proof;
    5. If the secretary of state has prescribed a mandatory form for the document, the document must be in or on the prescribed form; and
    6. The document must be delivered to the secretary of state for filing and must be accompanied by the applicable fees.

    N.C. Gen. Stat. § 55D-10

    Additional Legal Considerations

    Here are some additional relevant laws that might be useful when operating your business in North Carolina:

    Scope, function, and limitations of operating agreements

    N.C. Gen. Stat. § 57D-2-30

    Parties to, and other persons subject to or having rights under, the operating agreement

    N.C. Gen. Stat. § 57D-2-31

    Remedies for breach of operating agreement or occurrence of identified events–reliance on operating agreement

    N.C. Gen. Stat. § 57D-2-32

    Annual report for secretary of state

    N.C. Gen. Stat. § 57D-2-24

    Certificate of existence; certificate of authorization

    N.C. Gen. Stat. § 57D-2-24