Your LLC’s name must follow the rules laid out in N.C. Gen Stat § 55D-20. Your LLC name needs to:

• Include a designator like “LLC,” “L.L.C.,” or “limited liability company.”
• Not include any words prohibited for use in North Carolina business names (for example: “Bank” or “Architect”) unless you have proper approval.
• Not contain any offensive words.

Your name CANNOT be the same as another registered North Carolina business. (A quick North Carolina business name search can tell you if your name is in use already.) You can have the same name as a business in a different state as long as there’s no federal trademark.

Tip: Have the perfect name in mind but not ready to file your formation docs? You can file an Application to Reserve a Business Entity Name with the North Carolina Secretary of State. The form costs $30 to file and will reserve your business name for 120 days.

A website domain that matches your business name will improve search engine visibility, driving more customers to your doorstep. Northwest makes it easy and can get you a domain instantly. In fact, all of our LLC customers get:

• One year of free domain registration.
• A customizable business website that’s kept safe with top-shelf SSL security.
• Up to 10 professional business email addresses.
• A business phone number with local area code.
• Friendly Corporate Guides®; have questions about a filing or form? We have answers!

Your LLC isn’t legally formed until your Articles of Organization are accepted by the North Carolina Secretary of State. It costs $125 to file your Articles in North Carolina.

Here’s what you’ll include.

How do you “file” North Carolina Articles of Organization?

You can submit your articles online, by mail, or in person. Just remember there’s a $125 filing fee to go along with your submission.

Mail:
North Carolina Secretary of State
Business Registration Division
P.O. Box 29622
Raleigh, NC 27626

In person:
North Carolina Secretary of State
Business Registration
2 South Salisbury Street
Raleigh, North Carolina 27601-2903

Online:
North Carolina Online Registry

An operating agreement is not legally required in North Carolina. We include it because it gives your business a user’s manual to look at when complications arise. Your operating agreement can include pretty much anything, but generally has things like voting procedures, how to allocate profits, and how to resolve conflict.

Operating agreements might also be helpful opening a business bank account, depending on the bank you’re using. Otherwise, they are internal documents—meaning you don’t need to share it with anyone outside the business.

Tip: Our attorneys have drafted a simple North Carolina operating agreement you can base yours off of, tweak a little, or use as is. Use it for free.

An Employer Identification Number (EIN) is like your business’ social security number. You need an EIN to open a business bank account, apply for loans, and, most crucially, pay and file taxes.

You can get your EIN from the IRS. Got the oh-no-the-IRS hives? We’ve got you. You can hire us to get your EIN for you.

Most people open an LLC in order to get liability protection (that is, the legal separation between you and your business.) But if you don’t keep your personal money and your business’ money separate, and your LLC is sued, a judge can rule that you aren’t actually a separate entity. A business bank account helps bolster your liability protection.

In North Carolina, you’ll need a few things to open a business bank account, though this can vary bank to bank. Generally speaking, you need:

• North Carolina LLC Articles of Organization (a copy is fine)
• the LLC’s operating agreement
• the LLC’s EIN
• an LLC Resolution to Open a Bank Account (if your LLC has more than one member)

All North Carolina LLCs have to file an annual report. Your annual report is due on April 15th every year. It costs $200 to file ($203 if you file online). Your annual report should include the:

• Name and address of the company.
• Name and address of your registered agent in North Carolina. (Plus original signature if you are changing your registered agent at this time.)
• Names and addresses of members/managers or directors/officers.

As of January 1, 2024, most LLCs are required to file a Beneficial Ownership Information (BOI) Report with the Financial Crimes Enforcement Network (FinCEN). The Report is aimed at combating financial crimes like money laundering and other scams. The deadline for filing your BOI Report depends on when your business was formed.

The BOI Report requirement is currently under review by both FinCEN and Congress, but the deadline for new businesses is 30 days from their formation. We’ll keep our pages up to date as court rulings play out, so you’re not left out of the know about this important business filing.