How to Get a Registered Agent in North Carolina
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Swyft Filings is committed to providing accurate, reliable information to help you make informed decisions for your business. That's why our content is written and edited by professional editors, writers, and subject matter experts. Learn more about how Swyft Filings works, our editorial team and standards, what our customers think of us, and more on our trust page.
A limited liability company (LLC), corporation, or organization can’t operate legally in North Carolina without a registered agent. An agent, whether a person or a business entity, handles legal communications such as legal documents and other paperwork used in the service of process.
But finding the right fit or the best North Carolina registered agent for your company isn’t easy. Learning what agents do, their qualifications, and the election process, is crucial for making an informed decision.
The following guide will go over these topics and explain why third-party registered agents are helpful and keep you compliant with state laws.
Key Takeaways
North Carolina LLCs, corporations, and nonprofits can’t legally operate in the state without a registered agent.
State law in North Carolina forbids companies from acting as their own registered agent. However, owners and employees can act as their companies’ agents.
Third-party registered agent service providers allow businesses to be in good standing with the North Carolina Secretary of State without sacrificing privacy or regular work responsibilities.
Protect your privacy, avoid compliance issues, and choose a service trusted by over 300,000 businesses.
What Is a Registered Agent?
The North Carolina Secretary of State’s website describes a registered agent as any individual or business entity operating in the state that meets specific criteria.[1] Individuals serving as North Carolina registered agents must be state residents. Moreover, they must have a business office at the same physical address as the registered office featured in the public record.
Sometimes, small business owners may want to use a business entity as a registered agent. North Carolina allows domestic and foreign businesses to act as registered agents and receive and file documentation such as a service of process.
You can elect anyone, from large corporations to another North Carolina LLC, to serve as a registered agent. The catch is that they must have a physical business address in the state.
Furthermore, the business entity needs proper authorization from the state to conduct business in North Carolina.
Regardless of who you elect, the agent will receive important notifications and legal documents for your business. Without a designated registered agent, your company won’t remain in good standing with the Secretary of State.
Registered Agent Responsibilities
It’s essential to understand the key responsibilities of registered agents, how they help, and why you need one. Here are some of the duties of a North Carolina registered agent:
Maintain regular business hours so that anyone can send notices and other correspondence
Keep a registered office at a physical address listed on the public record
Receive, sign, process, and forward legal documents to clients
Choosing Your North Carolina Registered Agent
The role of a North Carolina registered agent is crucial for your company’s good standing with the state and legal paperwork management. But how exactly do you choose one?
North Carolina Registered Agent Requirements
The requirements for a North Carolina registered agent are pretty straightforward. You can choose a resident or a company authorized to do business in North Carolina. If you select a business entity, it must be in good standing with the state. Otherwise, the Secretary of State may consider your election process void.
Every North Carolina business entity, whether a limited liability company or nonprofit, needs a registered agent. Moreover, the North Carolina Secretary of State demands that you name a registered agent when filing formation documents with the business registration division.
Lastly, one of the essential requirements of a registered agent is their registered office address. It should come up in the public record.
Failing to elect and maintain a North Carolina registered agent makes receiving notifications and paperwork involving legal actions against your company challenging. You need to receive service or process notifications to ensure your ability to defend your company in court.
Without a registered agent, the state of North Carolina may impose penalties on your business and even suspend your authorization to do business there.
Can I Be My Own North Carolina Registered Agent?
Like most states, North Carolina lets businesses elect registered agents from inside the company, including owners and employees. The company itself can’t be its own registered agent, however.
Suppose you want a registered agent who can take on broad responsibilities. In that case, you’ll want to go with a third-party registered agent service. However, it would be best if you understood the advantages and disadvantages of being your own agent.
Benefits may include the following:
Saving money by foregoing third-party registered agent service
Keeping your company’s legal documents away from third parties
But serving as your own registered agent in North Carolina has more drawbacks than advantages:
You’re forced to hold regular business hours, making it hard to keep a flexible schedule
You may get served at inopportune times, such as client meetings or negotiations
You might not have employees with the proper expertise to leverage as registered agents
Benefits of a Third-Party Registered Agent
Working with a North Carolina registered agent service, like Swyft Filings, can lead to less stressful business ownership and management.
1. Privacy
If everyone knows your address, anyone can send you mail. But no company should operate without a barrier around it. Registered agent service providers in North Carolina can ensure your company only gets legal notices and other essential business documents. Bulk mail and other unimportant papers won’t make it past the filter.
It’s a crucial step toward staying off the radar of marketers, individuals, and other businesses that may want to send you junk mail and advertisements.
2. Flexible Scheduling
More and more businesses implement flexible schedules and create hybrid workplaces. You may want to travel more or make your employees more comfortable as a business owner. That often means that keeping regular business hours is no longer a priority.
Some businesses, like restaurants or nightclubs, aren’t open during regular business hours. Therefore, designating someone inside the company as the registered agent might be impractical.
However, the best North Carolina registered agent services stay open during regular business hours to comply with state regulations. Even if your company isn’t open for business, the registered agent can receive essential documents within the usual 9 a.m. to 5 p.m. window on behalf of the business.
3. Expertise
Think of a registered agent as a third-party point of contact with legal expertise. It’s a position many small businesses can’t afford to fill in-house. Your agent must receive, categorize, and forward complex paperwork.
Third-party services will keep you in good standing and offer the expertise your company needs to meet specific commitments.
4. Easy Relocation Procedures
Changing your company’s offices isn’t always smooth. It costs money and requires filing more forms with the North Carolina Secretary of State. While not necessarily complex, it’s a mandatory and time-consuming process.
But you won’t have that problem with a third-party registered agent service provider. Registered offices offer more stability, consistency, and peace of mind. Moreover, your agent can guide you when filing vital paperwork with the state when moving your office or expanding into new states.
In addition, third-party registered agent services allow you to operate in North Carolina without opening an office in the state. You only need a license to do business in North Carolina and an agent with a registered office in good standing to serve as your legal point of contact.
That makes scaling a company’s operations and reach much easier and cheaper.
With all the benefits in mind, it’s clear why many entrepreneurs opt to hire a third-party registered agent for their business. Swyft Filings’ registered agent service is designed to give you all of the above through a secure online dashboard, so you never miss a compliance deadline again.
How To Set Up Your North Carolina Registered Agent
There are two reasons why you must know the process of electing a North Carolina registered agent. First, adding their name to your formation documents is mandatory.
Secondly, you must learn how to replace a registered agent to maintain good standing with the state.
Business owners may need to change their North Carolina LLC’s registered agent for various reasons, including cutting costs and benefiting from extensive service packages.
Corporations, LLCs, and nonprofits in North Carolina must elect a registered agent when filing formation documents.
Electing a Registered Agent as a Corporation
North Carolina corporations may file aDesignation of Registered Agent form with the Department of the Secretary of State in North Carolina.[2]
Electing a Registered Agent as an LLC
Assigning a registered agent for LLC businesses costs $125 in state fees. You can do it online and by mail as you complete the formation documents for your company. For that, you need an Articles of Organization LLC form.
Write the relevant registered agent information starting with Item 3 in the form.[3]
Electing a Registered Agent as a Nonprofit
When creating a nonprofit, you can nominate a registered agent by completing the Articles of Incorporation form online. Alternatively, you can do this in person or by mail using Form N-01 of the Articles of Incorporation.
Nonprofits pay $60 in state fees to elect an agent.[4]
Changing a North Carolina Registered Agent
Changing your registered agent is more straightforward than electing one during the formation process. You must submit a Statement of Change of Registered Office and/or Registered Agent form to the North Carolina Secretary of State Business Registration Division.
The state fees are also cheaper, coming in at $5.4. Both checks and credit cards are accepted.[5]
North Carolina State Department Contact Information
You can file paperwork related to your registered agent selection or change online, by mail, or in person.
The Secretary of State online portal does the trick for online business entity registrations and other filings. You will need to create an online account to file any paperwork.
You can also send forms to the following mailing address:
Business Registration Division
P.O. Box 29622
Raleigh, NC 27626-0622
In-person submissions go to this address:
Business Registration Division
2 South Salisbury Street
Raleigh, NC 27601
Avoid Penalties: Every business is legally required to have a registered agent in any state where it operates.
Prioritize Your Privacy: We go on record with the government so you don’t have to, meaning any legal actions come to us, not your home or office.
Stay Flexible: We are always available at a physical address during business hours, so you’ll never miss an official notice.
FAQs
Who can be a North Carolina registered agent?
Individuals and companies can act as registered agents in North Carolina. Individuals must be residents of the state over 18 years of age and have a physical address for their registered office. Note that a company can’t act as its own registered agent, but it can designate an employee to act as one.
How much does a registered agent in North Carolina cost?
Typical yearly prices range between $100 and $300, but you can find cheaper and more expensive outliers. Swyft Filing’s services start at $149.
How can I change my registered agent in North Carolina?
To change your registered agent, you must complete and file the Statement of Change of Registered Office and/or Registered Agent with the Business Registration Division of the Secretary of State and pay a $5 filing fee.[5]
How can I find a registered agent in North Carolina?
Visiting the Secretary of State’s website is a great way to find information on registered agents and a list of North Carolina registered agents in good standing. Supplement this with Google searches, personal recommendations, and other forms of due diligence to identify the best registered agent for your company.
What is a North Carolina registered office?
A North Carolina registered office is the real street address a registered agent or resident agent may use to receive mail for their clients. Registered offices are found in the public record, so any interested company, individual, or organization can quickly contact businesses and send legal communications.
What’s the difference between a registered agent and a resident agent or statutory agent?
Registered agents, statutory agents, resident agents, and agents of process often refer to the same role. The interchangeable terms refer to an individual or company empowered to represent a business and receive legal documents on its behalf.
What is a registered agent service?
A registered agent service is a third party that fulfills the registered agent requirements on behalf of the business. Swyft Filings offers a reliable registered agent service that maintains your privacy, provides immediate access to vital documents, and gives you more time to focus on your business.
Bibliography
North Carolina Secretary of State. “Registered Agent for a Foreign Business Entity.” Accessed on December 19, 2022.
North Carolina Secretary of State. “Forms – Designation of Registered Agent.” Accessed on December 19, 2022.
North Carolina Secretary of State. “Articles of Organization.” Accessed on December 19, 2022.
North Carolina Secretary of State. “Forms – Articles of Incorporation for Nonprofit.” Accessed on December 19, 2022.
North Carolina Secretary of State. “Forms – Statement of Change of Registered Office and/or Registered Agent.” Accessed on December 19, 2022.
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