Learn how to run a free North Carolina Secretary of State business search, use all four search types, and understand why NC lets near-identical names coexist.
North Carolina is a "distinguishable upon the records" state, and that single phrase changes how its search behaves. [3 In most states, a name close to yours blocks your filing. In North Carolina, two names can differ by a very small margin, and both can be accepted. That makes an exact-match search almost useless for clearing a name, and it means the company you are looking for may have three near-twins in the results. This guide covers how to search around that, how to read a North Carolina record, and much more.
Key Takeaways
There are four search types: company name, SOSID, company officials, and registered agents. [2]
The state tells you not to use Exact Match. NC recommends "starting with" or "contains all words," because near-identical names legally coexist here. [2]
DBAs are now searchable statewide via the Secretary of State database. [4]
NC assumed business names do not expire. Certificates filed after December 1, 2017 need no renewal. [4]
The status you want is Current-Active. Anything else means something needs fixing.
What the North Carolina Business Entity Search Cover
- Business corporations: Formed under N.C.G.S.
- Limited liability companies: Formed under Chapter 57D.
- Professional entities: PCs and PLLCs, which require licensing-board certification. Chapter 55B and 57D, Article 12
- Nonprofit corporations: Under Chapter 55A.
- Partnerships: LPs, LLPs, and LLLPs under Chapter 59.
- Foreign entities: Out-of-state companies holding a Certificate of Authority.
What North Carolina Business Entity Search Does Not Cover
- Sole proprietorships and general partnerships: They do not register as entities with the Secretary of State.
- Assumed business names: These live in a separate statewide database, covered further down. [4]
- S corporations as an entity type: An S corp is a federal tax election with the IRS, not a North Carolina structure. A company that "is an S corp" appears as a business corporation.
- EINs: Federal tax IDs come from the IRS and appear in no state database.
- LLC member names, in most cases: North Carolina lists managers and officers, but members are frequently absent from public filings.
How To Perform a North Carolina Business Entity Search Step-by-Step
Step 1. Open the Business Registration Search
Go to sosnc.gov, open Online Services, choose Business Registration, and click Search. [2] Basic searching is free and needs no login.
Use the state site. Several private domains host North Carolina business pages with heavy "start an LLC" prompts. They are not the Secretary of State.
Before even proposing a name in the tool, you must first consider North Carolina’s business naming conventions. Failure to adhere to them can result in the North Carolina Department of Commerce denying your registration request.
The first important consideration for naming a business in North Carolina is distinguishability. It must differ and be unique from all other names in the Secretary of State Database. Unless you have special permission documentation from the owner, do not attempt to use any name you’ve seen by other businesses.
The North Carolina Secretary of State includes statuary prohibitions for determining name feasibility.[1] Without legal authority, you won’t be able to use the following words in your official business name:
- Realtor
- Trust
- Mutual
- Bank, Banker, or Banking
Other specific words in your business name may advertise a particular service or profession. To use words such as these, you’ll need legal documents proving that you’re legally qualified to provide the service in question. They include:
- Architect, Architectural
- Certified Public Accountant
- Cooperative, Co-op
- Engineer, Engineering
- Insurance
- Pharmacy, Prescription Drug, Drug, Prescription, Rx, Apothecary
- Surveyor, Survey, Surveying
- Wholesale
Another legal convention states that your business shouldn’t have words suggesting or stating unlawful activity. It also can’t contain any words that may be deemed offensive by decency standards.
Finally, your business entity must comply with the designated suffixes and abbreviations with no deviation. As an example, a business corporation has to contain the word “Incorporation,” “limited,” “corp.,” or “inc..” At the same time, a limited liability company must end with the abbreviation “LLC.”
Benefits of a North Carolina Entity Search
Naming a business may seem like a small detail to many future owners. However, conducting the right research for your North Carolina company can lead to various benefits while saving you legal headaches in the future.
Businesses should always check to see if their business name is distinguishable and unique to be approved by the Secretary of State. Here are some benefits of doing an entity search:
1. Avoid Legal and Trademark Issues
If your business name isn’t original, it can lead to other companies with the same name taking legal action against you or your company officials. This can be a costly nightmare for small businesses that require funds to settle these legal and trademark disputes. You can avoid them by checking to see if the name is unique.
2. Get Your Business License Faster
Business registration can be a long process. By selecting the right name the first time using the tool, you can expedite it while avoiding costly and time-consuming mistakes.
3. Register a Business Name that Stands Out
Swyft Filings business name search can give you a competitive edge on the market by ensuring you register a highly-specialized and unique name for your business.
Next Steps
If you’ve found a unique business name for North Carolina, you can move on to the following steps for registering your business and starting your entrepreneurial journey of economic development. There are a few things to consider when doing so.
Complete Your Name Reservation
Once you’ve found a unique name for your business, you should immediately reserve it. This will ensure that other registered agents aren’t able to take it from you while you’re working on other pressing business matters.
If you choose not to reserve your name, someone else may register it beforehand, meaning you’d have to begin the process again.
The Secretary of State has an online service that allows you to download the PDF application for reserving a foreign name for 120 days.[2] That’s enough time for most to get a business up and running while the desired name stays safe. The filing fee costs $10 upon submission.
Here’s precisely how to complete the process:
- Fill out the BE-14 application with all the relevant information and follow the instructions on the document
- Create an account with the North Carolina Secretary of State[3]
- Select “Start an Order” to file your document
Be advised that you must complete other filings before your business registration. The BE-14 only reserves the name for your business while you work on the registration process itself.
Choose a Domain Name
Now that you’ve gotten approval for the name of your business, it’s time to give it a digital presence with a domain name and a website.
There are also multiple benefits to buying a unique domain name that your business uses. They include:
- Gives your business a digital, online identity
- Communicates professionalism and credibility
- Lets customers know you’re serious about doing business in the long run, leaving an overall better brand impression
- Gives customers a source of information to learn about your services or product and relevant business information, like the business’s physical address, contact information, and vision statement
- Builds trust with clients and allows you to employ central marketing strategies, such as SEO, which can ultimately bring you more clients
Consider a DBA
There are specific workarounds if your preferred business name isn’t available. Instead of compromising your brand identity, you can apply for a DBA or “doing business as” option. If the DBA is approved, you can legally do business under your proffered name, even if it isn’t the official entity.
Once your DBA is filed and approved, you can use the name without worrying about legal repercussions in the future. Some skip this step and think of a different unique name. However, those interested can file a DBA in 10 minutes using the Swyft Filings tool. It completes the filing in minutes, so you can get an answer as soon as possible.
File Your LLC Online
Once you’ve completed the steps above, you can officially file your LLC. Ensure you’ve conducted a thorough search and that your name is unique. Your domain will also play a vital role in the initial steps of your business.
However, there is still some time-consuming paperwork to do at this point. That’s why you can choose Swyft Filings to streamline the LLC filing and registration. It’ll free up valuable time for you to dedicate to developing other aspects of your business.
Bibliography
- North Carolina Secretary of State. “Feasibility of Name.” Accessed May 17, 2023.
- North Carolina Secretary of State “Forms.” Accessed May 17, 2023.
- North Carolina Secretary of State “Account Management.” Accessed May 17, 2023.
