If you already have an LLC in another state and want an LLC in NC, then starting an LLC would be somewhat different. You must register as a foreign LLC. We have here a guide on how you can qualify and register for a foreign LLC in North Carolina.
On this page, you’ll learn about the following:
- Forming an North Carolina Foreign LLC
- Steps to Filing North Carolina Foreign LLC
- After Forming North Carolina Foreign LLC
Forming an North Carolina Foreign LLC
A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. To start a foreign LLC in North Carolina, you need to register it with the North Carolina Secretary of State.
Step 1: Choose North Carolina Foreign LLC Name
Obtain a name reservation certificate and submit it with your foreign qualification requirements at the North Carolina Secretary of State. Your LLC’s legal name outside of North Carolina will be listed on the application, along with the name it will use in North Carolina. Take note of the requirements for naming your LLC.
Step 2: Select North Carolina Foreign LLC Registered Agent
You’ll need a registered agent to form a foreign LLC in North Carolina and take note that a North Carolina registered agent must have a local address. Here are three of the best LLC services on our list that will provide you with registered agents to ease your worries:
Step 3: File Registration of North Carolina Foreign LLC
Fill out and submit a Foreign LLC Application for Registration form via email to [email protected] or by mail to NC Secretary of State Business Registration, P.O. Box 29622, Raleigh, North Carolina 27626-0622.
Include the following:
- LLC’s full legal name.
- A fictitious name or a DBA (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.
- LLC’s principal office and mailing addresses.
- LLC formation state and date.
- Registered agent’s name and address in North Carolina.
- Date when your LLC will start operations in North Carolina.
- Credit card information on the last page of the form for the $150 application fee.
The LLC cost in North Carolina, even for foreign LLCs will differ between online filing and by mail.
Step 4: Determine How Your North Carolina Foreign LLC is taxed
Foreign LLCs are also subjected to the North Carolina Business Privilege Tax, and they must file LLC annual reports each year.
Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.
Steps to Filing North Carolina Foreign LLC
Time needed: 5 minutes.
To establish your foreign LLC in the State of North Carolina, you are required to register your business LLC with the Secretary of State of North Carolina. You can apply for Certificate of Authority for Limited Liability Company via online as well as offline mode. The cost of registration is $250. Once your application is approved, you will receive a Certified Copy of your registration from the Secretary of State office. We have explained the aspects you need to cover when you apply for the North Carolina Foreign Limited Liability Company.
- Go to the Official North Carolina Secretary of State website
Visit the NC SOS portal on the official Secretary of State website. The portal is a one-stop solution to different business filings online. You can easily submit your business documents by creating a free account on the portal. Scroll down and select the option of ‘Online Business Services’.
- Navigate to Online Business Services
On the given page, select the option of ‘Navigate to Online Business Services’ present on the top section of the screen. Next, select the link of ‘Business Registration’ from the given drop-down list.
- Register your business
On the Business Registration page, scroll down and select the third tab ‘Register your Business Online’. On the next page, the Sign In box appears. If you already have an account on the NC SOS portal, proceed to log in by entering your username or notary number and password. If you do not have an account, go on to read the next step to create an account on the portal.
- Create your account:
To create your account, on the Sign In page, under the Sign In help box click on the ‘First Time user?’ link.
- Complete the Registration Process
On the Create a New Account page, create your username and password and proceed to fill in the other required details such as Business name, first and last name, street address, and contact details. Click on the ‘Register’ tab.
- File your application
After creating your account on the portal, log in to your account using the username and password. On the user homepage, select the option to ‘Create a Business Online’ under the ‘I want to..’ section from the toolbar. Now on the online application page, proceed to fill in all the required fields with your relevant business information. Upload all the mandatory documents in the given sections.
- Review your application
Before submitting your application, recheck all the information entered by you to be correct and accurate to your knowledge.
- Make the payment
As the last step, proceed to the payment gateway page and make an online payment of $250.00 as the filing fee for your North Carolina Certificate of Authority Application. After you have successfully submitted your application form, you will receive a notification from the Secretary of State office acknowledging the receipt of your application.
Filing your North Carolina Certificate of Authority by Mail
You can also file your Foreign LLC Certificate of Authority Application by mail
- Download the Application form PDF (Form L-09) on your system.
- Read all the instructions carefully and proceed to fill in the application form.
- You must attach the original Certificate of Existence issued by the State of Original jurisdiction, which should be less than 6 months old from the date of issuance.
- Review all the information entered by you to be correct and accurate.
- Issue a money order or check of $250 as the filing fee for your Foreign LLC Registration application, payable to the ‘Secretary of State’.
- Arrange all the documents and mail it to the following address, Business Registration Division P.O. Box 29622 Raleigh, Nc 27626-0622.
After Forming North Carolina Foreign LLC
Here are added things you need to accomplish after forming your North Carolina Foreign LLC
- Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search.
- File LLC annual reports and Business Privilege Tax.
- Pay State Taxes like sales tax; you’ll need an EIN for your LLC.
It is convenient plus easy to file for the foreign LLC if you are doing it online. The steps are very easy and that’s why it’s possible to go along with the steps and form the foreign LLC in North Carolina.
How Much Does It Cost to Register a Foreign LLC in North Carolina
To register as a foreign LLC in North Carolina, you can file through mail or online by paying a filing fee of $250 to the North Carolina Secretary of State.
If you have a foreign LLC, you can register it in North Carolina by completing an Application for Certificate of Authority for Limited Liability Company and paying a $250 filing fee to the North Carolina Secretary of State. In order to register a foreign LLC in North Carolina, you must have a physical presence in another state and have a certificate of authority or foreign qualification issued by that state. You can file for an LLC in North Carolina online or visit the North Carolina Secretary of State for more information.
Whether you want to register an LLC in North Carolina or in another state, it is important to remember that filing fees vary from state to state, so you should make sure to understand what each fee will cover. For domestic entities, the filing fee is $125 while for foreign entities, the fee is $250.
Once you have decided to register a foreign LLC in North Carolina, you need to choose a name that is distinguishable. Use the Secretary of State’s name search tool to find a name that is not already trademarked. Make sure the name you choose is available in North Carolina.
In addition to filing the Application for Certificate of Authority for a Limited Liability Company in the state of incorporation, you also need to file an annual report with the state. The cost varies from state to state, but it’s usually around $200. Additionally, if your foreign LLC is going to be operating in North Carolina, it will need to file a Business License and an Application for Certificate of Authority for a Limited-Liability Company. Then, you’ll need to obtain an EIN (EIN) number.
You’ll also need to hire a registered agent in North Carolina. This person will serve as the contact between the state and the LLC, receiving any paperwork and legal notices for the company. Additionally, they will be responsible for delivering service of process in case of any lawsuits against the company.
You’ll also need to choose a registered agent, who will be your point of contact when dealing with government agencies. If you choose to do this, it’s best to select someone local to represent your company. The fees for this service vary, but they range from $49 to $299 as of 2022. Another cost you’ll have to pay is for the use of an assumed name, which is also known as a trade name or a doing business as (DBA) name. This will enable your company to legally operate under a different brand name. This is useful if you have multiple product lines.
If you decide to dissolve your LLC in the future, you can do so by filling out an Articles of Dissolution and paying a $30 filing fee. Then, transfer the initial funds into the business bank account. You should keep the money separate from your personal bank account to ensure that your business remains solvent.
If your LLC is formed under the laws of another state, it is referred to as a foreign LLC in North Carolina.
Businesses incorporated outside of the state where they operate must have “foreign qualifications” issued in the other states.
A domestic LLC is a company registered in North Carolina as an LLC. The entity type that has a physical presence in another state is a foreign LLC.
Starting a foreign LLC in North Carolina does not require a lot of documentation or tasks. However, it is always good to seek help from a professional when it comes to running your business. Get a professional registered agent and form your foreign LLC anywhere without a hassle.