Incorporating or Forming a Limited Liability Company (LLC) in North Carolina

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We've compiled for you here material commonly associated with incorporating or forming an LLC in North Carolina. While we strive to maintain correct and current information, we cannot guarantee its accuracy and strongly recommend you verify all considerations and consult with a qualified professional before incorporating or forming an LLC.

A temperate climate and unsurpassed scenic beauty from the Crystal Coast to Grandfather Mountain makes North Carolina one of the most popular states in which to live. North Carolina’s population growth rate is one of the highest in the nation and this means more businesses, many of whom opt for the limited liability protection offered by North Carolina corporations and LLC’s.

While large businesses, operating in several states, might choose to incorporate in a state they consider friendlier to business, it may still be best for those doing business primarily in North Carolina to make North Carolina their home state. Of course, consulting with an attorney and/or accountant familiar with the specifics of the business being formed is advisable.

Business Structure

• One or more incorporators can form a North Carolina corporation.
• North Carolina incorporators must be a natural person or entity.
• A North Carolina corporation can have one or more directors.
• There are no eligibility requirements for directors of a North Carolina corporation unless specified in the articles of incorporation or bylaws.
• One person can hold more than one office in a North Carolina corporation.

Costs & Taxes

• North Carolina has a corporate income tax.
• North Carolina has a personal income tax that is high when compared with most other states.
• Certain kinds of personal property are taxed in North Carolina.
• At this time, the base rate for North Carolina’s sales and use tax is 4.5% and North Carolina counties asses an additional 2.5% sales tax.

Privacy

• North Carolina requires the name and address of the incorporator(s) to be listed in the articles of incorporation.
• North Carolina does not require that the name of a corporation’s director(s) be listed in the articles of incorporation.

Foreign Qualification

If you are considering forming your corporation or LLC in North Carolina but you will not operate there, your company must foreign qualify in each of the other states in which you will be doing business, and your company must have a registered agent in your state of formation as well as each of the states in which you foreign qualify.

IMPORTANT:MaxFilings always advises you to consult with a professional who is familiar with all current laws and regulations that are applicable in your jurisdiction. And always seek the advice of a qualified “accountant”, “tax advisor” or “financial planner” when addressing tax issues. They are not only very complex but they are also subject to interpretation.