WEBVTT

00:00:00.227 --> 00:00:06.387
<v Dan>To start an LLC in North Carolina, you file Articles of Organization, Form L-01,

00:00:06.403 --> 00:00:11.747
<v Dan>with the North Carolina Secretary of State and pay the $125 filing fee.

00:00:12.447 --> 00:00:14.946
<v Maya>And that's the whole upfront cost?

00:00:14.946 --> 00:00:21.267
<v Dan>Of the state's part, yes. Online by card, a $3 fee brings it to $128.

00:00:21.467 --> 00:00:29.027
<v Dan>The bigger number comes later, because the annual report in North Carolina is $200.

00:00:29.027 --> 00:00:31.707
<v Maya>This is The Business Formation Podcast.

00:00:31.754 --> 00:00:37.107
<v Maya>Today, North Carolina for 2026, in six steps, with what it all costs and the three

00:00:37.171 --> 00:00:39.027
<v Maya>best ways to have it filed for you.

00:00:39.207 --> 00:00:40.627
<v Maya>Let's start with the name.

00:00:41.421 --> 00:00:48.221
<v Dan>In North Carolina, your LLC's name must include limited liability company, LLC, or

00:00:48.461 --> 00:00:53.901
<v Dan>L.L.C. It also has to be distinguishable from names already on the Secretary of

00:00:53.954 --> 00:00:54.861
<v Dan>State's records.

00:00:54.861 --> 00:00:57.261
<v Maya>How do I check what's taken?

00:00:57.261 --> 00:01:00.621
<v Dan>The Secretary of State's business registry is free to search.

00:01:00.808 --> 00:01:07.581
<v Dan>If you find a name and want to hold it, a reservation is $10 and lasts 120 days.

00:01:07.581 --> 00:01:10.861
<v Maya>Ten dollars is a small price for 120 days.

00:01:10.861 --> 00:01:15.901
<v Dan>It is. The reservation only makes sense, though, if you're not ready to file yet.

00:01:15.901 --> 00:01:18.621
<v Maya>What if my first choice is taken?

00:01:18.621 --> 00:01:22.141
<v Dan>Then adjust it until it's distinguishable on the records.

00:01:22.381 --> 00:01:25.261
<v Dan>A different word or a different order often does it.

00:01:27.129 --> 00:01:28.409
<v Maya>Who can be my agent?

00:01:28.409 --> 00:01:33.609
<v Dan>A North Carolina resident, or a business authorized there, with a business office at

00:01:33.629 --> 00:01:35.689
<v Dan>the registered office's street address.

00:01:35.969 --> 00:01:39.449
<v Dan>The agent also has to agree to act.

00:01:39.449 --> 00:01:40.489
<v Maya>Can I do it myself?

00:01:40.489 --> 00:01:44.649
<v Dan>If you live in North Carolina, yes, you can be your own agent.

00:01:44.769 --> 00:01:46.569
<v Dan>The LLC itself can't.

00:01:47.321 --> 00:01:49.209
<v Maya>That's more relaxed than some states.

00:01:49.209 --> 00:01:54.649
<v Dan>A little. But the agent's name and address are public, which is why many owners use

00:01:54.689 --> 00:01:57.049
<v Dan>a commercial agent instead of a home address.

00:01:57.049 --> 00:01:59.049
<v Maya>And changing agents?

00:01:59.049 --> 00:02:03.209
<v Dan>A statement of change of registered agent costs $5.

00:02:04.356 --> 00:02:05.796
<v Maya>Okay, the filing itself.

00:02:05.796 --> 00:02:11.476
<v Dan>You submit Form L-01 to the Secretary of State, online or by mail, and pay

00:02:11.536 --> 00:02:16.756
<v Dan>$125. Online by credit card, the $3 fee brings it to

00:02:16.816 --> 00:02:19.156
<v Dan>$128.

00:02:19.156 --> 00:02:20.596
<v Maya>What does the form ask for?

00:02:20.596 --> 00:02:25.956
<v Dan>The name, each person signing as a member or organizer, your registered agent with

00:02:25.996 --> 00:02:30.116
<v Dan>its street address and county, and a principal office if you have one.

00:02:30.116 --> 00:02:32.196
<v Maya>I'm Maya, by the way, here with Dan.

00:02:32.196 --> 00:02:33.636
<v Dan>Good to have you, Maya.

00:02:33.636 --> 00:02:35.316
<v Maya>How long does North Carolina take?

00:02:35.316 --> 00:02:40.116
<v Dan>New entities take 5 to 10 business days, and online is faster.

00:02:40.116 --> 00:02:41.716
<v Maya>And if I want it sooner?

00:02:41.716 --> 00:02:47.636
<v Dan>You can pay $100 for 24-hour filing, or $200 for same day.

00:02:48.701 --> 00:02:50.461
<v Maya>Is the operating agreement filed?

00:02:50.461 --> 00:02:53.181
<v Dan>No. Keep it with your records.

00:02:53.234 --> 00:02:54.301
<v Dan>There's no state fee.

00:02:54.301 --> 00:02:56.381
<v Maya>Does the law make me write one?

00:02:56.381 --> 00:03:00.781
<v Dan>North Carolina counts written, oral, or implied agreements.

00:03:01.074 --> 00:03:06.221
<v Dan>So the law doesn't make you pick one form, but a written one is the safest.

00:03:06.221 --> 00:03:07.661
<v Maya>What do I put in it?

00:03:07.661 --> 00:03:12.541
<v Dan>Who owns what, how profits are split, who makes decisions, and what happens if a

00:03:12.587 --> 00:03:13.661
<v Dan>member leaves.

00:03:13.661 --> 00:03:15.101
<v Maya>Even with one member?

00:03:15.101 --> 00:03:18.541
<v Dan>Yes. It can be short, but it should exist.

00:03:19.901 --> 00:03:21.741
<v Maya>What about the federal tax ID?

00:03:21.741 --> 00:03:27.261
<v Dan>Apply free with the IRS at IRS.gov, after the Secretary of State files your

00:03:27.323 --> 00:03:28.061
<v Dan>Articles.

00:03:28.061 --> 00:03:29.261
<v Maya>Do I wait for it?

00:03:29.261 --> 00:03:33.181
<v Dan>If the online application is approved, the number is issued right away.

00:03:33.261 --> 00:03:37.741
<v Dan>Keep the Social Security number or ITIN of the person in charge handy.

00:03:37.741 --> 00:03:39.981
<v Maya>And the beneficial ownership report?

00:03:39.981 --> 00:03:42.101
<v Dan>You can skip it for a U.S. company.

00:03:42.171 --> 00:03:43.981
<v Dan>FinCEN dropped the requirement.

00:03:44.739 --> 00:03:46.019
<v Maya>Now the yearly part.

00:03:46.019 --> 00:03:52.179
<v Dan>An annual report, due April 15 every year, starting the year after you form.

00:03:52.359 --> 00:03:58.099
<v Dan>The fee is $200 on paper, or $203 online by card.

00:03:58.759 --> 00:04:00.259
<v Maya>Two hundred dollars a year?

00:04:00.259 --> 00:04:04.419
<v Dan>It is, and it's the number to budget for from day one.

00:04:04.419 --> 00:04:06.659
<v Maya>What if I miss April 15?

00:04:06.659 --> 00:04:12.179
<v Dan>There's no late fee. But if it's 60 days overdue, the state can send a notice.

00:04:12.392 --> 00:04:16.739
<v Dan>An LLC that doesn't fix it within 60 more days is dissolved.

00:04:16.739 --> 00:04:18.819
<v Maya>And getting it back?

00:04:18.819 --> 00:04:22.979
<v Dan>Reinstatement costs $100, plus the reports you missed.

00:04:22.979 --> 00:04:26.339
<v Maya>So skipping a year costs you more than the report.

00:04:26.339 --> 00:04:33.219
<v Dan>Yes. Reinstating is $100, and you owe each report you missed on top of that.

00:04:34.295 --> 00:04:36.054
<v Maya>What's the state bill if I do it all?

00:04:36.054 --> 00:04:41.175
<v Dan>$125 to form, or $128 online by card.

00:04:41.351 --> 00:04:47.895
<v Dan>Then $200 a year for the annual report, or $203 online by card.

00:04:47.995 --> 00:04:50.135
<v Dan>The EIN is free.

00:04:50.135 --> 00:04:51.095
<v Maya>Anything optional?

00:04:51.095 --> 00:04:57.495
<v Dan>A name reservation at $10. Faster filing at $100 or $200.

00:04:57.735 --> 00:05:00.535
<v Dan>A change of agent at $5.

00:05:00.535 --> 00:05:02.615
<v Maya>Add those up for the fanciest first year.

00:05:02.615 --> 00:05:09.255
<v Dan>$125 plus the $10 reservation plus $200 for same-day filing is

00:05:09.295 --> 00:05:11.975
<v Dan>$335.

00:05:11.975 --> 00:05:14.056
<v Maya>So the standard path stays well under that.

00:05:14.056 --> 00:05:17.896
<v Dan>The standard path is $125. The rest is a choice.

00:05:21.015 --> 00:05:22.215
<v Maya>Order of operations?

00:05:22.215 --> 00:05:24.295
<v Dan>Check the name. Pick your agent.

00:05:24.439 --> 00:05:28.615
<v Dan>File Form L-01. Write the operating agreement.

00:05:28.735 --> 00:05:29.895
<v Dan>Get your EIN.

00:05:29.895 --> 00:05:31.095
<v Maya>And then?

00:05:31.095 --> 00:05:35.895
<v Dan>Mark April 15. The first report comes due the year after you form.

00:05:35.895 --> 00:05:37.255
<v Maya>Where do I file it?

00:05:37.255 --> 00:05:42.295
<v Dan>The Secretary of State lists the annual report due dates, and you can file online by

00:05:42.375 --> 00:05:43.574
<v Dan>card or on paper.

00:05:43.948 --> 00:05:47.895
<v Maya>So if I form in November, I wait until the next April?

00:05:47.895 --> 00:05:52.135
<v Dan>The report starts the year after the year of formation, so yes.

00:05:52.355 --> 00:05:55.975
<v Dan>Don't forget it, because there's no late fee to remind you.

00:05:56.775 --> 00:05:58.855
<v Maya>And if I'd rather not do this myself?

00:05:58.855 --> 00:06:02.135
<v Dan>Here are the three best ways to file in North Carolina.

00:06:02.261 --> 00:06:09.015
<v Dan>Number one, our pick, is Mainstay Filing, $199 a year plus the state

00:06:09.115 --> 00:06:16.055
<v Dan>fee. With the $128 state fee, checkout comes to $327.

00:06:16.055 --> 00:06:17.255
<v Maya>What do I get?

00:06:17.255 --> 00:06:23.975
<v Dan>Your Form L-01 filed, your EIN application, and your registered agent every

00:06:24.039 --> 00:06:28.215
<v Dan>year. It renews at the same $199.

00:06:28.235 --> 00:06:33.735
<v Dan>And in North Carolina, it prepares and files your annual report by April 15.

00:06:33.735 --> 00:06:35.335
<v Maya>What do I pay for the report?

00:06:35.335 --> 00:06:37.975
<v Dan>Just the state's fee, at cost.

00:06:37.975 --> 00:06:39.015
<v Maya>Number two?

00:06:39.015 --> 00:06:44.695
<v Dan>NC Registered Agent.org. It prepares and files your Articles for

00:06:44.755 --> 00:06:51.095
<v Dan>$199 plus the state fee, with a free first year of registered agent service, then

00:06:51.164 --> 00:06:52.696
<v Dan>$99 a year.

00:06:52.696 --> 00:06:53.976
<v Maya>And three?

00:06:53.976 --> 00:06:58.056
<v Dan>North Carolina Registered Agent.co.

00:06:58.152 --> 00:07:04.856
<v Dan>Same offer: $199 plus the state fee, a free first year of agent service,

00:07:04.920 --> 00:07:06.857
<v Dan>then $99 a year.

00:07:06.857 --> 00:07:08.697
<v Maya>How do I decide?

00:07:08.697 --> 00:07:14.857
<v Dan>If you'll file your own annual report each April, two and three cost less from year

00:07:14.957 --> 00:07:18.137
<v Dan>two, at $99 for the agent alone.

00:07:18.244 --> 00:07:24.297
<v Dan>If you want the agent and the April 15 filing at one steady price, that's Mainstay.

00:07:24.397 --> 00:07:28.137
<v Dan>The state's fee for the report is the same with all three.

00:07:29.853 --> 00:07:31.453
<v Maya>Give me three-year numbers.

00:07:31.453 --> 00:07:36.893
<v Dan>Mainstay is $199 a year, so $597.

00:07:36.933 --> 00:07:43.773
<v Dan>The other two are $199 in year one, then $99 and $99,

00:07:43.853 --> 00:07:46.013
<v Dan>for $397.

00:07:46.013 --> 00:07:47.213
<v Maya>Two hundred apart.

00:07:47.213 --> 00:07:52.573
<v Dan>Yes. And that gap buys you an April 15 report that's filed on time.

00:07:53.298 --> 00:07:55.218
<v Maya>Run the whole path one more time.

00:07:55.218 --> 00:08:00.818
<v Dan>Choose a name with LLC in it, name a registered agent at a North Carolina street

00:08:00.868 --> 00:08:07.858
<v Dan>address, file Form L-01 for $125, write an operating agreement, get

00:08:07.890 --> 00:08:14.419
<v Dan>your free EIN, and file your $200 annual report by April 15 every year.

00:08:14.419 --> 00:08:18.659
<v Maya>The links to all three services and every official source are in the show notes.

00:08:18.728 --> 00:08:22.739
<v Maya>Thanks for listening to The Business Formation Podcast, and good luck with your new

00:08:22.779 --> 00:08:24.339
<v Maya>North Carolina LLC.
