How To File Articles of Incorporation in North Carolina

If you want to start a business in North Carolina, you need to file your Articles of Incorporation.This is a legal document that defines the corporation at its beginning.This must be filed at the Secretary of State’s office in North Carolina.You need to map out your business plan and make sure that the company name you want to use isn’t taken.

Step 1: Decide on the structure of the business.

Different types of business entities are recognized by the state of North Carolina.You should talk to an attorney about the best business structure for you.Business corporations will be the focus of the articles in this topic, but you can choose a different format: sole proprietor.This is the most common structure for businesses.The individual operator is responsible for all the obligations and debts of the business.There is a general partnership.Two or more partners agree to share the costs and responsibilities of operating a business.There is a corporation.A corporation is not a legal entity.The corporation is responsible for any losses.The profits of the corporation can either be returned as operating costs or dividends to shareholders.The company is limited in liability.An limited liability company is similar to a corporation in that it separates the owners from the business.There are special tax treatments for limited liability companies.There is a limited partnership.A limited partnership is formed by two or more people.The general partners of a limited partnership share the costs and obligations of the business.

Step 2: You can choose a corporate name.

Corporations in North Carolina need a different name than yours.A name that is descriptive of your operations is what you should pick.The business must be incorporated.You need to include the words “corporation,” “limited” or “incorporation” as part of the name.

Step 3: You can research the availability of your corporate name.

To find the records of the Secretary of State’s office, you can use an online search feature.A list of all the corporations within the state will be produced by this search.When entering search terms, be as precise as possible.A search for “Tarheel” yielded over 1,000 responses.There were no conflicts reported in the search for Tarheel Business Transportation Corp.

Step 4: Don’t use your corporate name.

You can reserve a name by filing an application.The Application to Reserve Business Entity Name can be printed from the website.Send the application form for the reservation to the Secretary of State’s Office, Corporations Division by mail.Box 29622 is located in Raleigh, NC.The Secretary of State will accept a check for $10 for the filing fee.For ten years, the name reservation is valid.

Step 5: The state approved form can be accessed or printed.

Most forms that are needed for business can be found on the Secretary of State’s website.The forms page is located at http://www.sosnc.gov/corporations/forms.The first item on the list is the “Articles of Incorporation for Business.” You can either open the PDF file and complete it on paper, or use the screen to fill in the information.The form is not required.If you want, you can create your own Articles of Incorporation.Minimum information is required to create a corporation in North Carolina.If you want to include additional terms, you need to consult with an attorney.

Step 6: Your corporate name should be included.

The Secretary of State’s office has business names records that you can use to find this name.It’s not a guarantee that your name will be accepted.Before you can be certain that the name is accepted, you have to wait for final filing, review and certification of your Articles of Incorporation.

Step 7: There is a registered office and agent.

A registered agent is a person who accepts service of legal papers on behalf of a corporation.The registered agent is a business that performs this service.

Step 8: The incorporator should be given a name.

The person who prepares, signs, and files the Articles of Incorporation is an incorporator.You have to include the name and address of the incorporator.

Step 9: The corporation has a principal office.

The corporation’s principal office is located in the county where you give the street address.The location of the corporation’s offices is the principal address.The mailing address may or may not be the same as this.

Step 10: You can include any optional provisions.

Provisions that are optional are included in the next section.You may want to talk to an attorney about whether the optional provisions serve the purposes of your corporation.The management structure of the corporation provisions that limit, regulate or define the powers and duties of directors, officers, or managers is an optional provision.

Step 11: The completed articles should be signed by you.

One of the incorporators must sign the final copy.The articles will not be accepted without a signature.If the Articles of Incorporation are prepared and filed by an attorney acting for the corporation, the attorney should indicate with the signature that he or she is acting in the capacity as attorney.

Step 12: The final copy of the Articles of Incorporation should be prepared.

You must have a final copy of the Articles of Incorporation, consisting of all sections and any attached documents or additional information.

Step 13: The filing fee needs to be prepared.

$125 is the filing fee for the articles.If you are filing in person, this is payable by check or money order.Money orders should be made out to the North Carolina Department of the Secretary of State.

Step 14: The filing fee should be sent by mail.

You can mail your submission to the Secretary of State, Corporations Division.Box 29622 is located in Raleigh, NC.You should include a copy of the Articles of Incorporation if you are filing by mail.The copy will be returned to the address provided for the incorporator.

Step 15: You can file the articles in person.

If you want to file in person, take an original and a copy of the Articles of Incorporation to the Corporations Division at 2 South Salisbury Street, Raleigh, NC.You will receive a stamp on the copy if you file the original.