Get the fastest North Carolina LLC formation online with worry-free services and support to start your business
Let's start by checking the availability of your company name in North Carolina. Don't worry about adding LLC at this stage, we'll take care of that later.
A limited liability company, or LLC, is a business structure that offers its owners more flexibility than a traditional corporation while still providing liability protection. In North Carolina, you can form an LLC with one or multiple owners, who are called members.
Are you feeling overwhelmed or unsure of the next step to take? Allow our step-by-step guide and our team to help you start and grow your LLC today.
Starting an LLC in the Tar Heel State requires registering some paperwork with the North Carolina Secretary of State’s office. You’ll also have to check with local city and county offices to cover all the requirements and show you how to get an LLC in NC. Here are the five basic steps showing you how to start an LLC in NC, and get you going on the road to starting an LLC in NC and your business success.
The first step in forming your North Carolina LLC is to create a name for your new venture. There are legal requirements for business names that you must follow in North Carolina. For example, the name MUST NOT contain language that:
You also can’t use the following words unless you prove that you’re legally qualified to perform the implied service:
If you intend to operate as a wholesale business, you can use “wholesale” in your LLC’s name. You’ll have to submit a letter with your Articles of Organization to explain how you’ll comply with North Carolina wholesale business laws. Depending on the type of wholesale business, you may need to apply for a local or state license.
“Bank,” “banker,” “banking,” “cooperative,” “co-op,” “mutual,” and “trust” are off-limits, too. State law forbids banking institutions from forming LLCs. If there are prohibited words you would like to use in your name, you can receive permission to do so by applying to the proper legal authority. If the state approves your request, then you can reserve the name to use at a later date.
In addition to the above restrictions, North Carolina law states that the name MUST contain one of the following phrases or abbreviations:
The name must be different from any other business on the state’s business registry. For example, a successful and well-established Outer Banks seafood business is called “Sal’s Shrimp Shack.” You can’t name your new shop “Sal’s Shrimp Shak” or “Sal’s Shrimp Shack & More.” The original company could sue you for infringing on their established name and business.
To find out if the name you want to use is available, you’ll need to conduct some research or consult our North Carolina business name search page to help you perform a search. The Secretary of State’s office suggests the following:
North Carolina allows you to reserve a business name for 120 days for a fee. If you’d rather not deal with this process yourself, we have a business name reservation service that can handle it for you. As part of the service, we also check to see if your desired name is available.
After registering your LLC with the state, you’ll need to file a DBA (“Doing Business As”) name if you plan to launch new brands or product lines under a different business name. You register DBA names to do business under a name other than the legal name of your LLC.
Using a DBA name means you won’t have to form a new business or pay additional taxes each time you want to operate under a different name.
A DBA name is also known as an assumed business name in North Carolina. All assumed business names are filed at the Register of Deeds offices in counties throughout the state. A statewide online database allows you to do an assumed business name search to see if the name you want to use is available.
File your Assumed Business Name Certificate at the office of your local county Register of Deeds. Even if you do business in multiple counties, you only have to file one application. Just designate which counties you plan to operate within on the form. There’s a fee to file. You can also amend or withdraw your Assumed Business Name Certificate at any time.
After you’ve secured your LLC name and/or DBA name, it’s a good time to decide on a domain name for your company. A domain name will represent your LLC online.
A domain name needs to be unique and correspond to your company’s name. You can use a domain name for a website and/or email address. Brainstorm a few ideas, and then do a domain name search to see what’s available.
Once you’ve chosen and registered the name of your LLC, you may have a logo created for your goods or to advertise your services. It’s a smart move to register your LLC’s trademark and/or service mark with the state. This prevents anyone else from using or profiting from your intellectual property.
A trademark can be a word, phrase, symbol, design, or any combination of such. It’s used to identify your goods as yours and to distinguish your products from others. A service mark is similar but is used for advertising services instead of goods. It also sets your services apart from competitors.
The Trademarks Division of the Office of the North Carolina Secretary of State handles in-state registrations. They thoroughly examine marks and apply all applicable state and federal laws and examination procedures. If they find the mark to be eligible, they will guide you through the registration process that offers substantial commercial and legal advantages.
State law prohibits registering a new mark that is the same or confusingly similar to an existing mark or trade name. North Carolina requires you to perform searches within three databases to determine if the trademark or service mark is available. You’ll need to search the following online:
The next step is to get and submit three specimens showing the use of the trademark or service mark to the Trademarks Division. The specimens can be three of the same items or different items, but either way, the mark has to be identical on all three.
Specimens must also be complete, original, and current, meaning no more than six months old. The mark has to be currently in use on your LLC’s goods or in the advertising or sale of your services. Be sure to review all specimen requirements before sending in your samples.
North Carolina doesn’t require you to register your trademark or service mark. However, the state recommends you do so because ownership of the mark provides:
To register a mark, complete a trademark registration application and have it notarized. Mail the form, a non-refundable filing fee, and three specimens to the North Carolina Department of the Secretary of State, P.O. Box 29622, Raleigh, NC 27626-0622.
This registration is only available through the mail at this time. You’ll need to renew your trademark or service mark registration every 10 years. Complete the above application again and mail a renewal fee.
The Trademarks Division has a system of trademark and service mark registration protection on par with the federal system. However, the state and federal trademark offices do not correspond with one another. If you plan to do business in other states, you’ll need to register with the U.S. Patent and Trademark Office to protect your mark.
By law, in North Carolina, you must appoint and keep a registered agent for your business. A registered agent acts as direct and official contact between the state and your LLC and also receives legal notices, such as subpoenas. You must have an official address for your North Carolina registered agent to receive mail for your LLC. This address is where the state will send:
You may think that you want to hold this position yourself, but it can end up being inconvenient. The registered agent is required to be at the designated office during all normal business hours to receive service of process in person. In addition, being served with a lawsuit in front of clients can be bad for business.
We offer registered agent services at ZenBusiness to make your life easier. Appoint an experienced registered agent today so that we can help you:
In North Carolina, you can appoint a registered agent when you file your Articles of Organization with the state. You’ll need the following information to do so:
The agent’s address can’t be a P.O. box or something similar. Your registered agent’s address must be a physical address in North Carolina.
Forming an LLC in North Carolina requires filing the Articles of Organization with the Secretary of State’s office. Filing official government documents like this can be intimidating and/or complicated for many people, which is why we’re here. With our business formation plans, our professionals handle the filing for you to make sure it’s done quickly and correctly the first time. But, although we can handle this for you, we’ll show you how the process works below.
After receiving your Articles of Organization, the Business Registration Division of the Secretary of State Office will then review your application for approval or denial. In addition to your registered agent’s details, you’ll need the following information for this legal document:
All those listed as executing the Articles of Organization are to be marked as a member, an organizer, or both. They must all sign and date the document, too. You may also submit the following information with your Articles of Organization:
It’s recommended that you include a cover letter with your documents. It’s a simple step that helps the filing process go much smoother. The cover letter includes your contact information and your preferred processing method: regular, same-day, or 24-hour. You’ll note which return method you prefer, either via mail, email, or in person.
There are three ways to file your cover letter and Articles of Organization with the state. These are:
Processing times vary, but most filings take 10 to 12 business days at this time. The Business Registration Division calculates processing time based on when they receive a document to when they return it to the filer.
If you have us handle filing your Articles of Organization, once the state approves your LLC, your paperwork will be available from your ZenBusiness dashboard, where you can keep it and other important paperwork digitally organized.
Once you get your physical paperwork back from the Secretary of State approving your new LLC, you’ll want to keep it in a safe location along with your other important documents, such as your operating agreement, member certificates, contracts, compliance checklists, transfer ledger, etc. We offer a customized business kit to help you keep these important documents organized and looking professional.
By now you’re realizing how often you’ll need to supply an address for your new LLC. That can be unsettling for some business owners, especially those running their company from home. In instances where you’re not required to give the registered agent address or official principal address for your business, a virtual business address can come in handy.
With our virtual business address service, we supply you with a physical street address where you can have your mail sent without revealing your real address to more people than necessary.
North Carolina doesn’t require you to submit an operating agreement with your Articles of Organization. However, creating an LLC operating agreement is one of the most important things you’ll do when forming your LLC. This document sets the rules for how your company is going to operate so that everyone involved knows what to expect and how things will work.
An excellent operating agreement addresses the following questions and more:
There are many benefits to creating an operating agreement. For example:
Your operating agreement helps you to conduct business in many ways. Even though the state doesn’t require the agreement, others will request it as you follow other steps to forming your LLC. You may need to show it to:
If you’re unsure as to how to start creating an operating agreement for your LLC in North Carolina, the template we offer can help get you started.
To identify a business, the federal government uses an Employer Identification Number (EIN). Each business has a unique EIN assigned to it. It’s also known as a FEIN or Federal Employer Identification Number. The Internal Revenue Service (IRS) uses your EIN for tax purposes.
You’ll use your EIN to open a business bank account, hire employees, set up retirement plans, apply for financing, file taxes, and stay in good standing overall.
It’s free to apply online for an EIN when you meet certain criteria. To apply, you’ll need to determine your eligibility, understand the application, and submit it. The EIN confirmation notice can then be downloaded, saved, and printed for your records.
It’s easy to apply for an EIN when you understand tax classification systems and how LLCs in North Carolina should be taxed. But like most small business owners, you probably have some uncertainties. Let us take the guesswork out of the application process with our FEIN service.
While on the topic of taxation, another item to consider is state taxes. To pay taxes for your business in North Carolina, you must register with the state’s Department of Revenue and receive a tax account ID number. There is no fee to submit your business registration application online. You can also file Form NC-BR for free in person or by mail.
The Department of Revenue’s business registration checklist can help you prepare to file for a tax account ID number. You’ll need to gather information such as:
After you submit your online application, you’ll receive a confirmation page. A notice with your official tax account ID number will be mailed to you within five to 10 business days, depending on system processing times. You can file and pay taxes with the North Carolina Department of Revenue once your ID number has been issued.
Once you’ve secured an EIN, you can open a business bank account. Having separate accounts for your business and your personal banking is important for sorting out your finances at tax time. It also helps you avoid commingling funds. Commingling funds can not only make your taxes more difficult, but it could also be used against you if someone takes you to court to challenge whether you and your LLC are truly separate entities.
We’ve partnered with LendingClub to offer a discounted bank account for your new business. This comes with unlimited transactions, online banking, a debit card, and more. When you want to authorize others in your business to use the account, we offer a banking resolution template to simplify the process.
For further help managing your new business’s finances, there’s the ZenBusiness Money App. It can help you create invoices, receive payments, transfer money, and manage clients all in one place.
In North Carolina, the state fees for forming an LLC range from $125 to $230, depending on factors such as whether you choose to reserve your business name or want expedited filing. All checks must be payable to the North Carolina Secretary of State. Note that fees change over time, so you should check the SOS website for the most recent fee schedule.
The benefits of forming an LLC include:
Doing business in North Carolina comes with its own set of benefits. For example:
The Economic Development Partnership of North Carolina is eager for you to do business in North Carolina. Learn more about the many benefits of the LLC business structure to see if it’s the best option for your business.
There’s a wide variety of business taxes that your North Carolina LLC will need to pay, depending on certain factors. These include taxes payable to the North Carolina government, like sales tax and state tax.
You’ll also need to pay federal, self-employment, and possibly payroll tax to the IRS. To file taxes in North Carolina, you’ll need to register your LLC to receive a state tax ID number from the Department of Revenue.
LLCs have a lot of flexibility when it comes to how they are taxed, and tax laws can be tricky to navigate. You’re not alone in facing business tax struggles.
Those who purchase any of our plans get a free accounting consultation and tax assessment from our specialists to receive helpful resources and no-obligation recommendations around your bookkeeping, accounting, and tax needs.
You’ll need to make sure your LLC has all the licenses and permits it’s required to have by law. Unfortunately, because licensing varies by industry and location and can occur on the federal, state, and local levels, there’s no central place to check to see if you have all the licenses and permits you need. You’ll have to do some research.
If you don’t have the time or inclination to do all this research, or if you just want the peace of mind to know that your business has all the licenses and permits it’s legally required to have, our business license report service can do the work for you.
The processing time for your Articles of Organization is approximately 10 to 12 business days, starting from when the document is received. The Business Registration Division also offers 24-hour and same-day processing for a fee. The office usually processes LLC reinstatement documents in five business days.
If you’re in a hurry to form your LLC and don’t want to jump through the hoops of the state’s expedited filing processes, we can handle it for you with our faster filing speeds service.
North Carolina does not require you to file your operating agreement with the state. However, it highly advises you to create one, as it has many benefits and uses for your company.
Most LLC owners have their business taxed the default way, which is as a sole proprietorship (for single-member LLCs) or a partnership (for multi-member LLCs). This method only requires partners to pay taxes on their percentage of the profits on their personal tax returns. The LLC itself is not taxed. Other options include being taxed as a C or S Corporation. Each tax structure has its advantages and disadvantages.
The right tax structure for your LLC depends on many factors, such as profits and the number of owners. It’s best to talk to a qualified accounting professional to understand all your options and choose the right tax structure for your LLC.
North Carolina does not allow a Series LLC. This business structure has an “umbrella” LLC under which one or more LLCs are organized. It’s a relatively new way to structure an LLC, and not many states allow them at this time.
To reinstate an LLC in North Carolina after dissolution, fill out an Application for Reinstatement form and submit it to the Secretary of State’s office. The fee for reinstatement is $100.
To dissolve your LLC in North Carolina, you’ll need to fill out an Articles of Dissolution form and submit it to the North Carolina Secretary of State’s office. There is a filing fee for dissolution.