North Carolina Registered Agent Services | LLC Registered Agent

north_carolina_state_seal

If you are trying to form an LLC in NC, then take note that in this state, starting an LLC requires having a North Carolina registered agent who will handle all official paperwork on the LLCs behalf. 

North Carolina Registered Agent Requirements

There are certain requirements to fill the role of a North Carolina registered agent:

  • The nominee must be more than 18 years old.
  • The individual must have a legal, physical address in the state where the LLC will operate.
  • The individual must be physically present during normal working hours.

How to Choose a Registered Agent?

When you file your Certification of Formation in North Carolina, you must nominate a registered agent.  You can either appoint an in-house registered agent (yourself or any LLC member) or outsource a North Carolina registered agent service. 

You can elect your registered agent online through the North Carolina Secretary of State website. 

Hiring an Inhouse Registered Agent

When hiring an in-house registered agent, make sure the individual is over 18 of age and lives in North Carolina.

Can I be my own registered agent?

Yes, you can be your own registered agent. So long as you meet the basic requirements for a registered agent, then you can take on this role for your LLC.

Outsourcing a Registered Agent

You may, instead, get professional registered agent services. Doing so ensures that you will have the best individual to represent your business. Here are three of the best LLC services on our list that will provide you with registered agents to ease your worries. 

LLC Service

Our Rating & Pricing

Top Features

Learn More

#1 TOP PICK

Free LLC Setup

  • 1 year free agent service

  • Digital storage

  • Different types of plans

FAST SERVICE

$49 + State Fees

  • Lifetime business support

  • 100% accuracy guarantee

  • Expert customer support

$299 + State Fees

  • Fast service

  • Resource center

  • Flat Rate for all services

Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. You will enjoy peace of mind and focus only on running your business, as the ‘professionals’ take care of all legal matters.  

What to Consider when Choosing a Registered Agent

Here are some factors to consider when choosing a registered agent.

  • Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent service typically costs between $50 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
  • Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents that are received.
  • State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers.
  • Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company.

North Carolina Business Laws for Registered Agents to Note

If one wishes to form an LLC in North Carolina, knowing all the legal requirements is a must. We have enlisted all the Business Laws that apply to the LLCs in North Carolina. As a registered agent, one must be aware of the legal requirements & Business laws applicable to the LLCs in North Carolina.

The most relevant Business Laws for the LLCs are:

1. North Carolina Antitrust Laws: The Antitrust Laws are implemented in North Carolina to foster Economic Competition. The Antitrust Laws are a tool to Curb Unfair Trade Practices.

Antitrust Laws curb anti-competitive practices prevailing in the open market. These laws charge heavy penalties & strong punishments for any anti-competitive practices. 

In North Carolina, the Antitrust laws often target unlawful business practices leading to higher prices, fewer choices, or lessened innovation for consumers. These laws prohibit: a) agreements among competitors to fix prices or allocate customers, b) illegal monopolization by firms that are at a leading market position, c) any type of tying & exclusive dealing arrangements, d) mergers & acquisitions which may lessen the competition,& e) price discrimination between competing purchasers.

The time limit to file any claims under Antitrust Laws is 4years. If the plaintiff successfully proves the violation, the plaintiff has a right to recover the attorney’s fees.

2. North Carolina Civil Statute of Limitations Laws: Every claim has a limit on the duration in which it can be filed; this limit on the duration of filing a claim is called Limitation& is governed by the state’s limitation laws. The time limit given for each such claim differs as per the type of claim. 

The following table enlists the limits mentioned under North Carolina’s Civil Statute of Limitation Laws:

CasesTime-Limit on claim
1. Injury to a person3 years
2. Libel or Slander1 year
3. Fraud3 years
4. Injury to Personal Property3 years
5. Professional Malpractice2 years or more
6. Trespass3 years
7. Collection of Rents3 years
8. Contracts (Written)3 years
9. Collection of Debt on Account
10. Judgements10 years

3. North Carolina Interest Rate Laws: Although many states in the US have adopted laws limiting the amount of interest any creditor may charge (usually referred to as usury laws), most of the time, the consumers waive off these limits on the interest rates. The highest interest rate allowed on any credit in North Carolina is 8 percent. Still, these same laws explicitly mention allowing the “contract for a higher rate” by consumers & creditors. Also, there is no statutory limit on interest rates of mortgage loans, equity lines of credit, & a few other types of credits. 

The interest rate laws enumerate the following essential points:

  • Maximum Legal (or allowed) Rate of Interest: 8%, contract for higher rate allowed if under $25000, over $25000 – contract for any rate is permitted.
  • Penalty for Usury: Forfeiture of all interest & the party paying the interest has the right to recover double interest.
  • The interest rate on Judgments: 8% or the rate decided via a contract.
  • Exceptions: no statutory limit on interest rates of mortgage loans, equity lines of credit, & a few other types of credits. 

4. North Carolina Deceptive Trade Practices Laws: Many state laws mostly have laws that prohibit trade practices that might deceive consumers. There is Uniform Deceptive Trade Practices Act, but North Carolina does not adhere to it. North Carolina has Deceptive Trade Practices Laws. 

Some of the significant provisions of Deceptive Trade Practices Laws are listed below.

  • Relevant Code Section: North Carolina General Statutes Chapter 75: Monopolies, Trusts & Consumer Protection
  • Prohibitions under Section 75-1.1:  Unfair methods of competition in or affecting commerce, Unfair or deceptive acts or practices in or affecting business. 
  • Who has a right to file a suit? Any aggrieved consumer can file a lawsuit against the violator & the State Attorney General can file a civil prosecution.
  • Remedies:  The remedies offered by the Court depending upon the facts & circumstances of each case. A few of the remedies offered by the Court under North Carolina Deceptive Trade Practices Laws are
    1. A Permanent or temporary restraining order
    2. A permanent or temporary injunction
    3. Restoring property & amount of the victim that was given to the defendant
    4. Canceling a contract between the victim & defendant
    5. Civil Fines up to $5000 for each violation
    6. Treble damages (thrice the amount granted in the original verdict as to damages) to the victim in the specified circumstances
    7. Attorney’s fees to the party that wins the lawsuit.

How to Remove a Registered Agent for LLC in North Carolina

If you are wondering how to remove a Registered Agent for your LLC in North Carolina, read this article. This will explain how you can remove your old agent and choose a new one. There are several options to choose from, and you will have to choose one that suits your needs. There are many registered agent services available online, but you should consider using one that offers the most flexibility. There are also many advantages to choosing a registered agents service that you can pay for and use for your business.

When you are forming your LLC, most people list themselves as the Organizer and leave the field to the right blank. Once you have completed your form, you will see a preview of the document. Make any necessary changes and click “Next” to proceed. The email address will probably be auto-filled. This is where you will receive any documents from the North Carolina Secretary of State confirming your LLC’s approval.

If you are changing your LLC’s registered agent in North Carolina, you must first submit a Statement of Change of Registered Office or a paper Annual Report. These forms must be signed by your new agent and the Organizer. You can get more information about the process by visiting the Secretary of State’s website. In addition, the filing fee for a new agent is typically very low. You can either file the document online or by mail.

F.A.Qs

Do you need a registered agent for your LLC in North Carolina?

All corporations and limited liability companies doing business in North Carolina are required by state law to appoint a North Carolina registered agent. North Carolina registered agents provide a reliable way for the Secretary of State and state courts to contact a corporation or LLC.

Who qualifies to be a registered agent?

A registered agent is simply a person or entity appointed to accept service of process and official mail on your company’s behalf who lives in the state of service and is over 18.

Why should you not act as your own registered agent?

If you intend to be your own registered agent, you may be forced to use your home address (especially if you run a home-based or web-based business), making the address public.

Leave a Comment