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Learn the best methods to secure your business interests by reading our guide on how to create the North Carolina operating agreement.
Customized for North Carolina This document may be legally binding in North Carolina according to your state specific regulations.
The North Carolina limited liability company (LLC) operating agreement is a legal document that regulates the relationship between the company members and the company's operation.
The LLC operating agreement, or business operating agreement, includes information on each member’s initial contribution to the company and provides each member’s percentage in the company’s interests based on the contribution.
No, an operating agreement is not a required document when establishing an LLC in North Carolina. Regardless, the members who want to optimize their businesses and regulate their mutual relationships still decide to draft the operating agreement.
This section presents the four most commonly used operating agreement types in North Carolina:
Chapter 57D of the North Carolina Statutes, called the North Carolina Limited Liability Company Act, regulates the status of LLCs in North Carolina.
Moreover, there are a few sections of this chapter that regulate the status of operating agreements in North Carolina, in particular:
The easiest way to form a limited liability company in North Carolina is to follow the steps below:
The first step in the process of forming an LLC is to choose a business name that is distinguishable from other business names registered in North Carolina. The best way to check if your business name is unique is to visit the Secretary of State’s website and do a business name search.
In North Carolina, there are two main types of LLCs, based on the place of establishment:
State law requires each LLC to appoint a registered agent. The agent will be in charge of receiving official notifications and documents on behalf of the LLC.
The agent can be an:
This step differs based on the type of LLC you are forming.
For domestic LLCs, you should submit the Articles of Organization. You can complete this step online or fill out Form L-01.
For foreign LLCs, you should submit the Certificate of Authority. You can submit it online or fill out Form L-09. Additionally, you should submit the Certificate of Existence issued by the state of the company's initial establishment that is not older than six months.
The filing fee for domestic LLCs is $125, and for foreign LLCs, it is $250. If you are submitting your application via mail, you should write a check, attach it to your application, and send it to the following address:
Corporations Division, P.O. Box 29622, Raleigh, NC 27626-0622
After registering your company, you should create an operating agreement and optimize all the business processes. The document doesn’t have to be registered with any state authority. However, you should keep it for your internal reference.
This number will enable you to open a company bank account, complete certain transactions, and hire employees.
You can get the EIN in two ways:
