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North Carolina keeps its registered agent rules in one short article that applies to corporations, nonprofits, LLCs and partnerships alike: Chapter 55D, Article 4 of the General Statutes. You can read it on the General Assembly site. The agent must live in the state, or be an entity allowed to work there, and its business office must be the registered office. Our North Carolina business guide covers the search tool, formation fees and the annual report.
Who qualifies under G.S. 55D-30
The entity must continuously maintain a registered office and a registered agent in North Carolina. The agent can be one of three kinds:
- an individual who resides in North Carolina and whose business office is identical with the registered office;
- a domestic corporation, nonprofit corporation or LLC with the same office;
- a foreign corporation, nonprofit or LLC that is authorized to transact business in North Carolina, again with the same office.
The registered office may be the same as one of your places of business. Because the agent's office and the registered office must match, the address has to be somewhere the agent actually works. A post office box with nobody behind it cannot meet that test.
Serving as your own agent
The test is residence plus the shared office. Owning the company does not disqualify you. If you live in North Carolina and you are reachable at the registered office, you can name yourself. You may still prefer someone else, so that legal papers are not handed over at a shop counter or at your home.
The agent's only legal duty
G.S. 55D-30(b) puts it plainly: the sole duty of the registered agent to the entity is to forward any notice, process or demand served on it to the entity at its last known address. Anything more, such as scanning mail or tracking deadlines, is a private arrangement.
Changing the agent or the office
Under G.S. 55D-31 you file a statement of change with the Secretary of State. It must give:
- the entity's name;
- the current registered office street address, mailing address if different, and county;
- the new office address and county, if the office is moving;
- the current agent's name;
- the new agent's name and written consent, on the statement or attached;
- a statement that, after the change, the registered office and the agent's business office will be identical.
There is a shortcut. G.S. 55D-31(c) lets a corporation, LLC, limited liability limited partnership or registered limited liability partnership make the same change inside its annual report, with the same consent. If your report is due soon, that can save a separate filing.
The Secretary of State asks you to report a change in the agent's name or office address within 60 days. Fees from the LLC fee page and the corporation fee page:
| Filing | Fee |
|---|---|
| LLC statement of change of registered agent and/or office | $5 |
| Corporation statement of change of registered office and/or agent | $5 |
| Agent's statement of resignation | $0 |
When an agent resigns
The agent signs a statement of resignation and certifies that it sent written notice to the entity (G.S. 55D-32). The Secretary of State mails copies to the registered office and the principal office. The appointment ends on the 31st day after filing. If you get that notice, file a statement of change before the date passes.
Running without an agent
Two things follow. First, under G.S. 55D-33(b), the Secretary of State becomes the entity's agent for process when it has no agent or the agent cannot be found at the registered office. The state then mails the papers to your principal office by registered or certified mail. Service counts from the date the Secretary of State is served, not from when you open the envelope.
Second, under G.S. 57D-6-06, an LLC that has gone 60 days or more without a registered agent or office is open to administrative dissolution. Failing to report an agent change within 60 days is a separate ground. A dissolved company shows up that way in a status search.
Looking up an agent in North Carolina
The Secretary of State's business registration search has a Registered Agents option next to company name, SOSID and company officials. Choose that option to search by the agent's name, or search by company and read the agent and office on the record. Our registered agent lookup guide explains what to do when that address is out of date, and the registered agent overview compares other states.
Forming a new company? See how to start an LLC in North Carolina.