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In North Carolina you form an LLC by filing Articles of Organization with the Secretary of State's Business Registration Division. The fee schedule lists $125. You can file in the state's online business services. Then plan for the $200 annual report, which is the main thing that sets North Carolina apart. For record searches, see our North Carolina business guide.
What does the first year cost?
The Articles cost $125. Under G.S. 57D-2-24 the first annual report is due by April 15 of the year after the Articles take effect. An LLC formed in December has only a few months before it. One formed in January has about fifteen. Either way, the Articles plus the first report come to $325 in state fees.
Speed costs extra. The Secretary of State may add $100 to file within 24 hours of receipt, excluding weekends and holidays, or $200 to file by the end of the same business day for documents received by noon Eastern. The expedite fee is not refunded once the document has been processed.
How do you choose a name?
The name must include "limited liability company", "L.L.C.", "LLC" or "ltd. liability co." in some form. Beyond that, G.S. 55D-21 says it must be distinguishable upon the Secretary of State's records. The state can allow a similar name when the other company consents in writing, or by court judgment. A dissolved company's name is held for five years.
Search it first with our name availability guide. To hold the name while you prepare, an Application for Reserved Name costs $10 and runs 120 days, with no renewal.
Who is your registered agent?
North Carolina law (G.S. 55D-30) lets the agent be a North Carolina resident or a qualified entity. The agent's only duty is to forward process to the LLC. The agent's name goes on the filing and on each annual report. The North Carolina registered agent page covers the $5 change statement and resignation.
What is the filing step by step?
- Search the name and choose your ending.
- Pick an agent and a registered office address in the state.
- Complete the Articles of Organization and pay $125. Under G.S. 57D-2-21 they give the LLC's name, each signer and whether that person signs as a member or an organizer, the registered office address and county, the agent's name, and the principal office if there is one.
- Add an expedite fee only if you need one.
- Keep the filed Articles and the date they took effect, because that date sets your report year.
What do you do after approval?
Write an operating agreement. It is an internal paper, covered on its own page. Then get an EIN using how to get an EIN.
What does upkeep look like?
Each year you deliver the annual report. It is $200 for an LLC. The statute asks for the LLC's name, the registered office and agent, the principal office address, the principal company officials and a brief description of the business. If the information has not changed, you may certify that instead of restating it.
If a report is missing information, the Secretary of State returns it. If you fix it within 30 days of the notice, it counts as timely. Compare the date with other states in our annual report deadlines page.
Missing the report entirely is serious. G.S. 57D-6-06 lets the Secretary of State administratively dissolve an LLC that does not deliver its annual report by the 60th day after the due date. The LLC gets a 60 day notice to cure first. Having no agent or office for 60 days is another ground. Reinstatement costs $100.
An LLC formed in another state that does business in North Carolina applies for a Certificate of Authority, which costs $250. That is double the fee to form here, so weigh it if you are choosing a home state. Read foreign LLC registration for when the rule applies. Owners who live elsewhere can still form here, and the point is covered in LLC for non-residents.
Neighbours to compare: Virginia, Tennessee and Georgia. When you are ready, use the start an LLC form.
After approval, check the rules in our North Carolina business license guide.