North Carolina Registered Agent: If you wish to start an LLC in NC, you have to appoint a registered agent. According to North Carolina State Law, it is mandatory to have a North Carolina Registered Agent if you are conducting business in the state. A registered agent receives all the official and legal documents from the State. They also receive the service of process if there’s any lawsuit in concern.
In the following guide, we have shared all the required information regarding hiring a registered agent, why you need a registered agent in North Carolina, and who can be a registered agent for your LLC. Read this guide carefully before you hire a North Carolina Registered Agent.
On this page, you’ll learn about the following:
- What is a North Carolina Registered Agent
- Cost of a North Carolina Registered Agent
- How to Change a Registered Agent in North Carolina
What is a North Carolina Registered Agent
A registered agent (or a statutory agent or a resident agent) in North Carolina is an individual or a business that represents your business in receiving official documents. These official papers include formation documents, business renewal documents, tax filing, and any legal document if the LLC gets sued by other companies. All these documents go straight to the registered agent’s official address in the state. While forming an LLC, it is mandatory to appoint a registered agent.
When you file the North Carolina LLC formation papers with the Secretary of State, LLCs have to mention their registered agent’s name and address. When you choose a registered agent in North Carolina, you can go for two options, hiring an in-house registered agent or outsourcing the service.
Hiring a Registered Agent in North Carolina
You may have several options for hiring a registered agent in North Carolina. To become a registered agent, one has to meet the basic eligibility criteria. If the minimum requirements are fulfilled, anyone residing in North Carolina can represent your LLC as your registered agent.
Who Can Be a Registered Agent
- The person must be above 18 years old.
- The person must have a legal and physical address in the state where the LLC will operate.
- The person must be physically present during normal working hours.
- Anyone who fulfills the above requirements can act as a registered agent.
- Recommended – You should use a professional registered agent in North Carolina always.
Can I Be My Own Registered Agent
Yes, you can be your own registered agent. In fact, any member of the LLC, managers, and the owner can be a registered agent. Besides, someone from the owners’ family, such as a spouse, relatives, or other family members, can also act as a registered agent. As mentioned above, anyone who is representing the business as an agent should fulfill the basic criteria.
Why You Shouldn’t Be Your Own Registered Agent
Many small businesses do not hire a registered agent to save a chunk of money. However, it is not recommended to be your own registered agent. There are a bunch of problems one has to face while being a registered agent of his own LLC. Following are some of the issues you face,
- If you are operating your business from home or you are into web business, then your home address will be shared on the public portal. This address will be used for mailing and other official purposes. This will hamper your privacy.
- A registered agent has to be physically available at the official address during working hours on working days for 52 weeks. Being your own registered agent might restrict your other work due to this.
- The registered agent’s address must be up to date in the Secretary of State portal.
It is recommended to outsource the registered agent service to ease your work as it protects your privacy, especially if you conduct your business from home. It is always wise to outsource the RA service than be your own registered agent.
Recommended: You can get the best registered agent service at a reasonable price with online LLC service providers. We recommend using –
LegalZoom – $299 Per Year
How to Choose a Registered Agent in North Carolina
You can choose a North Carolina Registered Agent in two ways, either you can employ an in-house RA or outsource the service. Another option is to be your own registered agent. However, it is recommended to outsource the service as it is less worrisome and hassle-free.
In-house Registered Agent
As far as the in-house registered agent is concerned, it can be anyone from the LLC, including you, or you can employ an individual for this position. In that case, your office or home address will be the Registered Agent’s office address. Every LLC has to share its principal office address, mailing address, and registered agent’s office address to the state public portal. Hiring a registered agent service will make it easier as you can use the RA’s address as a mailing address.
Outsourcing Registered Agent Service
You may also avail yourself of professional registered agent services. Doing so ensures that you will have the best service provider to represent your business. Following are the best Registered Agent services on our list that will provide you with registered agents to ease your worries.
Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. If you are forming your LLC from scratch, then with LegalZoom Registered Agent, you will get the full formation package.
What to Consider While Choosing a North Carolina Registered Agent
Here are some factors to consider when choosing a registered agent.
- Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent typically costs between $99 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
- Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents. We recommend Registered Agent Services that have been in business for a long time. They are experienced and well capable of handling all your documentation.
- State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers. Check out the best Registered Agent Services to consider for this job.
- Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company. Some of the service providers offer this service. Make sure to choose an RA service that includes this service.
How to Appoint a Registered Agent in North Carolina
At the time of submitting the North Carolina Articles of Organization, the registered agent can be appointed by the LLC. It can be done online or by mail. No additional fee is charged for appointing a Registered Agent. Only the state filing fee should be paid.
Appoint Registered Agent Online
To appoint a registered agent online, you have to go to the North Carolina LLC Online Filing page and provide the information of your Registered Agent accordingly.
Appoint Registered Agent By Mail
To appoint a registered agent in North Carolina by mail, you need to download the North Carolina LLC filing form (PDF). Fill up the “Registered Agent” section with appropriate details of the agent and submit it to the SOS office. For more information, read on North Carolina Articles of Organization.
Cost of a North Carolina Registered Agent
The cost of having a registered agent can be variable. It depends on whether you are employing an in-house registered agent, being your own agent, or outsourcing the service. The cost of having a registered agent can start from $99 and go up to $300 per year. It will be cost-effective if you outsource the registered agent service in North Carolina.
Registered Agent services that also provide LLC formation packages can provide the same service at a lower price. For example, LegalZoom Registered Agent offers standalone registered agent service at $299 per year, but if you buy their LLC formation package at $0 + state fees, you might get a registered agent service at a low cost.
How to Change a Registered Agent in North Carolina
To change the North Carolina registered agent, you must file a Change of registered agent or office by entity form. This form can be submitted to the North Carolina Secretary of State via mail or email.
For online filing, you need to download the online form, which is available on the North Carolina Secretary of State portal. Fill in all the necessary information of LLC as well as current and old registered agents. This form must be completed and signed by the newly appointed registered agent and any authorized member of the LLC. The signature of the new registered agent acts like the consent to be appointed as one. Submit it online.
File By Mail
You can also choose to file the form through the mail. You need to download the Change of registered agent or office by entity form from the North Carolina Secretary of State’s portal. Fill in all the details on your computer. The completed form is to be signed by the newly appointed registered agent. The duly signed form must be sent to the following address,
Mail to: Business Registration Division
P.O. Box 29622
Raleigh, NC 27626-0622
In-person: Business Registration Division
2 South Salisbury Street
Raleigh, NC 27601
How to Pay: The filing amount is payable to the North Carolina secretary of state through a credit card when filing online/by email. For paper filing, you can choose to pay through money order or check.
Why Do LLCs in North Carolina Need a Registered Agent Service
There are several reasons why a business should appoint a registered agent in North Carolina. Some of the most important reasons are listed below,
- Confidentiality: Having a registered agent service in North Carolina ensures the complete privacy of your business and related documentation. Appointing a registered agent company instead of an individual gets you privacy and confidentiality contracts beforehand.
- Up-to-date Compliance: LLCs and corporates have plenty of paperwork and compliances that are to be updated on time. With a registered agent service, you don’t have to worry about those compliances as your registered agent will maintain a compliance calendar.
- Privacy: It is mandatory for businesses in North Carolina to publicly upload their address to the North Carolina Secretary of State. If you are using the home address for your business, then it would not be safe to make your private address public. On the other side, appointing a registered agent service will cover you up here as they have to provide their address to the North Carolina SOS and not yours.
- Availability: Every registered agent has to be available during office hours of work on business days. If you hire a registered agent service, then they can be available at the required time without harming other tasks at the company.
- Online Safe Backup: Every registered agent in North Carolina or any other state usually takes an online backup of all the documents and paperwork. This ensures the LLC papers are securely saved in a central system.
- Lawsuits or Summons: Getting summoned or involved in a lawsuit does not leave a good impression on the employees. With a registered agent, all the related papers will be delivered to the Registered Agent’s official address. Hence, owners do not have to receive any such papers in their office in front of their employees.
North Carolina Business Laws for Registered Agents to Note
If one wishes to form an LLC in North Carolina, knowing all the legal requirements is a must. We have enlisted all the Business Laws that apply to the LLCs in North Carolina. As a registered agent, one must be aware of the legal requirements & Business laws applicable to LLCs in North Carolina.
The most relevant Business Laws for LLCs are:
North Carolina Antitrust Laws
The Antitrust Laws are implemented in North Carolina to foster Economic Competition. The Antitrust Laws are a tool to Curb Unfair Trade Practices. Antitrust Laws curb anti-competitive practices prevailing in the open market. These laws charge heavy penalties & strong punishments for any anti-competitive practices.
In North Carolina, the Antitrust laws often target unlawful business practices leading to higher prices, fewer choices, or lessened innovation for consumers. These laws prohibit: a) agreements among competitors to fix prices or allocate customers, b) illegal monopolization by firms that are at a leading market position, c) any type of tying & exclusive dealing arrangements, d) mergers & acquisitions which may lessen the competition,& e) price discrimination between competing purchasers.
The time limit to file any claims under Antitrust Laws is 4years. If the plaintiff successfully proves the violation, the plaintiff has a right to recover the attorney’s fees.
North Carolina Civil Statute of Limitations Laws
Every claim has a limit on the duration in which it can be filed; this limit on the duration of filing a claim is called Limitation& is governed by the state’s limitation laws. The time limit given for each such claim differs as per the type of claim.
The following table enlists the limits mentioned under North Carolina’s Civil Statute of Limitation Laws:
|Cases||Time-Limit on claim|
|1. Injury to a person||3 years|
|2. Libel or Slander||1 year|
|3. Fraud||3 years|
|4. Injury to Personal Property||3 years|
|5. Professional Malpractice||2 years or more|
|6. Trespass||3 years|
|7. Collection of Rents||3 years|
|8. Contracts (Written)||3 years|
|9. Collection of Debt on Account||–|
|10. Judgements||10 years|
North Carolina Interest Rate Laws
Although many states in the US have adopted laws limiting the amount of interest any creditor may charge (usually referred to as usury laws), most of the time, the consumers waive off these limits on the interest rates. The highest interest rate allowed on any credit in North Carolina is 8 percent. Still, these same laws explicitly mention allowing the “contract for a higher rate” by consumers & creditors. Also, there is no statutory limit on interest rates of mortgage loans, equity lines of credit, & a few other types of credits.
The interest rate laws enumerate the following essential points:
- Maximum Legal (or allowed) Rate of Interest: 8%, contract for higher rate allowed if under $25000, over $25000 – contract for any rate is permitted.
- Penalty for Usury: Forfeiture of all interest & the party paying the interest has the right to recover double interest.
- The interest rate on Judgments: 8% or the rate decided via a contract.
- Exceptions: no statutory limit on interest rates of mortgage loans, equity lines of credit, & a few other types of credits.
North Carolina Deceptive Trade Practices Laws
Many state laws mostly have laws that prohibit trade practices that might deceive consumers. There is Uniform Deceptive Trade Practices Act, but North Carolina does not adhere to it. North Carolina has Deceptive Trade Practices Laws.
Some of the significant provisions of Deceptive Trade Practices Laws are listed below.
- Relevant Code Section: North Carolina General Statutes Chapter 75: Monopolies, Trusts & Consumer Protection
- Prohibitions under Section 75-1.1: Unfair methods of competition in or affecting commerce, Unfair or deceptive acts or practices in or affecting business.
- Who has a right to file a suit? Any aggrieved consumer can file a lawsuit against the violator & the State Attorney General can file a civil prosecution.
- Remedies: The remedies offered by the Court depend upon the facts & circumstances of each case. A few of the remedies offered by the Court under North Carolina Deceptive Trade Practices Laws are
- A Permanent or temporary restraining order
- A permanent or temporary injunction
- Restoring property & amount of the victim that was given to the defendant
- Canceling a contract between the victim & defendant
- Civil Fines up to $5000 for each violation
- Treble damages (thrice the amount granted in the original verdict as to damages) to the victim in the specified circumstances
- Attorney’s fees to the party that wins the lawsuit.
How to Remove a Registered Agent for LLC in North Carolina
A registered agent for LLC in North Carolina can be removed by filing a Statement of Change of Registered Office and/or Registered Agent with the North Carolina Secretary of State by paying a filing fee of $5.
When owners of limited liability companies (LLCs) in the state of North Carolina seek to make changes to their business entities, they must follow certain procedures to ensure compliance with state law. One such process is removing or replacing the LLC’s registered agent, who serves as the main point of contact between the company and the state government. Although the state provides clear guidelines for these actions, it can still be a daunting task for many business owners who may not be familiar with the steps involved. Thus, it is important to understand the proper procedures for removing a registered agent for an LLC in North Carolina.
Firstly, a quick explanation of who or what a registered agent is may be appropriate. This is a person or partnership assigned by the businesses themselves in order to receive all legally-related mail and official government documents on behalf of a company. This can be a limited liability company as well. Since the registered agent is an important part of the legal infrastructure of the LLC, any changes related to their position must be made under proper circumstances and with all the legal paperwork.
To remove a registered agent, North Carolina LLC owners must follow a series of steps laid out by the Secretary of State. These procedures ensure that business owners follow state laws regarding this important modification. The first action that the owner should consider is to review the LLC operating agreement, which should describe specific procedures for removing a registered agent. If the agreement does not provide instructions, the owner should take the following steps:
1. Seek consent or confirmation of resignation of their current registered agent
The first course of action, always should be to set up a direct conversation with the current registered agent and attempt to settle workings professionally by finding out why they wish to discontinue and request their affirmative agreement or confirmation of resignation. In simple terms, the resignation of the current registered agent would need to come directly from the registered agent.
2. Appoint a new registered agent
Appointing the new registered agent is the responsibility of the LLC’s business owner. In choosing the new agent, other necessary communication details of the new agent have to provided to or registered with the Secretary of State. This includes their names, NC state registered address, phone number etc. For ease as well as the protection of the organization, a new agent should be appointed before resigning the current one.
3. File Articles of Amalgamation that include the change of registered agent
The articles needed according to the revision of section Article for domestic LLCs and the section of amendment of foreign LLCs have provided adequate provision for making such amendments by filing subsequent Articles separately, by providing all details as required. The new agent’s implied acceptance or confirmation, the last date of appointment which should coincide with the present officer of the LLC registered address signatures and filing fees would be necessary for an effective restart of the process with a new agent.
Strasbourg, regarding corporate legislation, outline clearly stipulating these requirements so make sure that if necessary, trustworthy delegate parties read and follow instructions in staying within global conformity for managing LLC’s in North Carolina.
For business owners, these steps might seem complicated and time-consuming but is much easier by outsourcing them consistently to third-party service providers or the legal representation of organizations enabling effective conduct. The statutes, though explicit, are reasonably straightforward. What is more challenging is properly documenting and completing every process described in the outlined process with a guiding principle upheld based on professionalism, mutual interest, and straightforward conduct. Therefore, it is significant that North Carolina LLC owners should seek appropriate legal counsel prior to making any size-related adjustments in choosing local state-established institutions where their LLC’s can operate in alignment with presented rules in defining key roles and avoiding regulator infractions.
Removing a registered agent from an LLC may initially present unusual inconvenience and uncertainty especially if there is no practicing need for state-relay mass transfers of ownership within the LLC. Appreciatively having necessary knowledge and partners could improve the way we conduct business transactions; those who obtain an understanding of the laws, confidently declare peace and reliable outcome.
You must submit the RA change application form to the North Carolina Secretary of State in order to modify the registered agent in North Carolina. You have three options for doing this: online, by mail to the Business Registration Division, P.O. Box 29622, Raleigh, NC 27626-0622, or by fax, depending on which option is most convenient for you. In North Carolina, it costs $5 to modify a registered agent.
In North Carolina, it is simple to register as an agent. You must be at least 18 years old and a resident of the state in order to register as an agent. In North Carolina, being a registered agent doesn’t call for a special educational background.
Everyone is eligible to serve as a registered agent in North Carolina. Anyone who meets the requirements, including your spouse, family members, LLC members, and you yourself, are eligible to serve as a registered agent. The applicant must be a legal adult who resides in North Carolina.
In order to update a registered agent’s address in North Carolina, you must submit the RA Change Form with the updated address. Depending on what option is most convenient for you, you may submit the form online, via fax, or by mail to the Business Registration Division, P.O. Box 29622, Raleigh, NC 27626-0622. The SOS in North Carolina should get this paperwork.
You must go to the North Carolina Secretary of State website to identify a company’s registered agent there. You will have the ability to search for the company by name. To see the information, enter the company name and then choose the registered agent’s name.
In North Carolina, a company’s registered agent is in charge of obtaining licenses and legal notifications as well as serving any processes on the company’s behalf. In North Carolina, a registered agent is required. In North Carolina, you have the option to work with a professional or act on your own as a registered agent.
By providing their information at the time of North Carolina business registration, registered agents may be designated. The formation paperwork features a part where you must provide information like the name, address, and phone number of the designated registered agent. Please give your personal details if you are acting as a registered agent.
Following these procedures will allow you to look for a registered agent’s address:
1. Visit the website of the North Carolina Secretary of State.
2. Look up a corporation using its name.
3. Verify the Registered agent section and the address list.
You may use this method to look for the North Carolina address of the registered agent.
Visit the North Carolina Secretary of State’s website to do a company search there. The “Search” option may be found here. A company may be found using both its name and the name of its registered agent. To acquire the business information, choose “registered agent” and input the name of your registered agent.
Three requirements must be met in order to be a registered agent in North Carolina. The first is that you have to be older than 18 years old. The second requirement is that you must live in the state. To put it another way, you need a North Carolina street address. Finally, you need to be able to legally do business in North Carolina.
It is simple to locate a corporation’s registered agent in North Carolina. You must accomplish this by going to the North Carolina Secretary of State’s website. Go to the Business Search option. You may look for a company by name by choosing the Look up by name option. Once you have the company, you may look up the registered agent information.
In North Carolina, a registered agent must provide a letter of resignation to the business that they are currently working for. A resignation notification should be given to the North Carolina Secretary of State to certify the registered agent’s departure after a certain number of days, along with the resignation letter.
You must submit the RA Change Form to the North Carolina Secretary of State in order to change a registered agent there online. Not all states provide an online way to change a new registered agent. To see whether the online option is offered, visit the North Carolina SOS website.
In North Carolina, there are three methods to get a free registered agent. As your own registered agent, you may take the initial step. Second, if any member of your family, spouse, or friends is appointed as a registered agent. Finally, there are businesses that specialize in company creation that provide free registered agent services in North Carolina.
It’s simple to look for a registered agent in North Carolina. You must go to the North Carolina Secretary of State’s website. If you know the company name, choose “search by name.” You may investigate a registered agent’s information from the list when you discover the firm information.
The Business Registration Division, P.O. Box 29622, Raleigh, NC 27626-0622, shall receive the registered agent form for the state of North Carolina. You must designate the registered agent and provide all of their information on the formation paperwork when you register your firm. then send it via mail to the aforementioned address.
Your firm must have a registered agent in North Carolina. If your firm doesn’t have a registered agent, however, you might face legal issues. As a result, it’s crucial to work with a registered agent in North Carolina (you may alternatively serve as your own registered agent).
Your firm won’t have a registered agent if a registered agent passes away. You must have a registered agent in North Carolina if you want to legally operate your business. All of the authority will be nullified once he or she passes away. Companies are required to inform the SOS immediately if their registered agent changes or is replaced.
Whether the registered agent’s name is concealed or not, cannot be answered with certainty. An LLC member’s or the owners’ identities may be concealed from public registration in certain states. If you have an anonymous LLC, it may happen. You may not be able to conceal the name of the registered agent in certain states. For further information, go to the Secretary of State of North Carolina’s company registration rules.
Call 919-814-5400 to find out who the North Carolina registered agent is. The North Carolina Secretary of State is open from eight in the morning to five in the afternoon (central time). To contact the department you’re searching for, dial this number and follow the instructions.
A registered agent’s permission is a declaration in writing that the agent is prepared to represent the business. If you replace or appoint a new registered agent in North Carolina, the new agent must get the SOS’s approval.
A registered agent and a resident agent are the same. The registered agent in North Carolina may also be referred to as the resident agent. A resident agent is also known as a registered agent in the majority of states. The phrase “resident agent” is only used in a few states.
A legal sanction and obligation may be imposed on the person appointing a registered agent without the permission of the person designated as such in North Carolina. Additionally, individuals have the ability to refuse any obligations imposed by the procedure.
Yes, even if your LLC does not have a registered agent in North Carolina, you may still be sued. In North Carolina, there are several legal avenues for suing any company. There will be another means to sue the business if no one is available to accept the legal paperwork.
In North Carolina, a registered agent has the option of accepting or rejecting the designation. The individual may sign the declaration of refusal and deliver it to the Secretary of State in order to reject the designation. The SOS website has the statement of rejection accessible.
Before you choose a registered agent for your North Carolina LLC, compare their price and services from the table. They will be responsible for all your documentation, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.