Have already prepared documents? Go sirectly to step 3
Step 1: Decide on a Name
In order of preference, choose 3 corporate names. We will do an availability check.
Step 2: Upload or Prepare your Articles
SunDoc’s simple online form will walk you through preparing all of your required info.
Step 3: Decide on Service Level and Options
Choose from the a la carte options, or pick from our filing packages.
Routine Orders: 3 - 5 Business Days
Rush Orders: 24 Hours
You’ll receive email confirmation within 1 hour (when in normal business hours).
get ready - your filing is on its way!
When we receive your North Carolina Articles of Incorporation by noon PST (Monday – Friday), your corporation will be submitted right away and could possibly be active that same day. All of this means that your company will be given a file date as your date of submission.
It takes much longer for proof of filing if you mail the document to the state. This is what many other filing services may do.
Your Responsibilities After Filing
- File a Statement of Information: After the Articles of Incorporation are filed, the Secretary of State requires that you file a Statement of Information.
- North Carolina Corporate Kit: Kits include a seal embosser, 20 stock certificates, a custom binder, and bylaws and meeting minutes. Order you kit at the time of filing. Of if you prefer, you can place the order individually at our “Corporate Kit order page.”
- EIN or Employer Identification Number: We can easily obtain your employer identification number for your new company. Add it to your order and we will obtain the EIN within 24-48 hours.
At the time of filing, consider these optional services with your order:
- Additional Certified Copy of Articles: You may need this in the future for banks, loans, or professional licensing requirements.
- Certificate of Good Standing: You may need additional copies if you are going to qualify or register in other states.
The SunDoc Filings Advantage
- Many filing companies will mail in your filings
- All filings received by 12PM PST are submitted on the same day
- Since 1999, SunDoc Filings has filed thousands of documents
North Carolina Corporate Formation Guidelines
The corporate name must contain the word "corporation," "incorporated," "company," "limited," "corp.," "inc.," "co.," or "ltd." A corporate name found to be available may be reserved with the Secretary of State for a nonrenewable 120-day period for a filing fee of $30.
It is acceptable to state, either alone or with a specific purpose clause, “The purposes for which the corporation is organized shall be to transact any and all lawful business for which corporations may be incorporated pursuant to the provisions of the North Carolina Business Corporation Act.”
AUTHORIZED SHARES AND MINIMUM PAID IN CAPITAL
There is no minimum or maximum number of authorized shares since state incorporation fees are not based on the share structure. There is no minimum amount of paid in capital required to commence business.
Preemptive rights are denied in absence of a specific grant.
Cumulative voting is automatically denied unless specifically granted.
REGISTERED AGENT AND REGISTERED OFFICE
The corporation must maintain a registered agent and office to receive service of process in North Carolina.
The minimum number of directors is one (1).
LIMITATION OF DIRECTORS' PERSONAL LIABILITY
The articles of incorporation may contain, within the limitations prescribed by the North Carolina Business Corporation Act, a provision eliminating or limiting the personal liability of a director to the corporation or its stockholders for monetary damages for the breach of fiduciary duty as a director.
Minimum number of incorporators is one (1) (a person -person means an individual or an entity) and there is no requirement that the incorporator be a resident of North Carolina.
Submit to the Secretary of State one (1) executed original and one (1) copy of the Articles of Incorporation. The Secretary of State files the original and returns the copy. Effective January 1, 1998, submit to the Secretary of Revenue, with the first years corporate income tax and franchise tax return, the Initial Annual Report. Previously the Initial Annual Report was submitted to the Secretary of State, within 60 days immediately following the last day of the month in which the domestic corporation was incorporated.
STATE DISBURSEMENTS AND FEES
$125 filing fee (add $100 - 24 hour or $200 - same day, if expedited service is required) for Articles of Incorporation
North Carolina Corporate FAQ
Why should I form a North Carolina corporation?
There are several reasons to form a North Carolina Corporation. First, there’s the “corporate veil,” which provides limited liability to the owners and shareholders. They will not have to be personally liable for obligations and debts that the corporation may possess. The only way shareholders can lose is in the event that they have personally purchased stock in the corporation.
Because your North Carolina corporation will be a legal, independent entity, this means the corporation has continuous existence. It will not cease existing just because a shareholder passes away or retires. Additionally, it’s often simpler for corporations to prepare retirement funds, set up insurance, prepare stock option plans, profit-share, and design pensions.
Lastly, a North Carolina corporation is much more easily transferable than other business entities. In general, you can sell shares of stock to a third party without having to get consent from the corporation itself and without restriction.
How can I form a North Carolina Corporation?
We’ll begin by checking for corporate name availability at the North Carolina Secretary of State or SOS. Next, we’ll get your North Carolina Articles of Incorporation prepared. We will then file the Articles of Incorporation with the SOS of North Carolina. And finally, once the North Carolina Secretary of State files your Articles of Incorporation, we will send the document to your new company.
How can I form a North Carolina S Corporation?
Your North Carolina S corporation will automatically start as a C corporation. To form a North Carolina S corporation, you’ll need to file for subchapter S status with the IRS.
Forming a North Carolina S corporation takes care of (eliminates) double taxation. In other words, the corporation is taxed like an LLC or partnership — all of which have pass-through tax structures. Ask the IRS or an accountant about possible limitations.
By obtaining S corporation status in your state, your corporation won’t usually need to file a tax return. On their tax returns, shareholders should include their share of the corporation's separately stated items of income, deduction, loss, credit, and their share of non-separately stated loss or income.
What are the benefits of a North Carolina C Corporation?
North Carolina C corporations can also only issue one kind of stock. They are double-taxed since both the individual owner and corporate entity need to file their own tax returns. On the other hand, a North Carolina S corporation can only be owned by those who are citizens of the U.S. or registered aliens.
You might form a North Carolina C corporation if you plan on publicly trading the corporation's stock. Unlike S corporations, a C corporation allows for more than 75 shareholders. In addition, you can have multiple classes of stock, such as common and preferred shares.
How do I get an EIN or Employer Identification number? How do I get a Tax Payer ID number?
When we form your North Carolina corporation, we can obtain an EIN or employer identification number (EIN) for your corporation. An EIN is required in order to open bank accounts, hire employees, and start a line of credit for your North Carolina corporation. By purchasing our North Carolina premium package, we will obtain your EIN for you and include it in your order.
How can I obtain corporate bylaws for my North Carolina Corporation?
If you purchase SunDoc Filings’ premium package, we’ll prepare the initial bylaws in standard language for your North Carolina corporation (and include meeting minutes in Microsoft Word format).
What is a North Carolina corporate seal?
Once your North Carolina corporation prepares its bylaws or has SunDoc Filings prepare them, your corporation will need to obtain a corporate seal.
A corporate seal is a handheld device, which can imprint paper with your corporation’s name, formation state, and the date the corporation was formed. Often, lending institutes and banks will need your North Carolina corporation to have and use a corporate seal on all documents and loan papers. All North Carolina corporation kits that SunDoc Filings offers come with a handheld corporate seal embosser.
What are bylaws, and why are they necessary for my North Carolina corporation?
Corporate bylaws are like a blueprint for your corporation. They create rules for how your North Carolina corporation can do things like open bank accounts, take out loans, issue stock certificates to its shareholders, write checks, enter into contracts, and obtain credit. The bylaws will also often reference a list of:
- Number of directors and their names
- A list of the shareholders’ names in alphabetical order
- Shareholders’ addresses
- Shareholders’ titles held with the North Carolina corporation
- The amount of shares each shareholder owns
- Officers for the following titles: president, VP, treasurer or CFO, and secretary
The bylaws contain the rights, privileges, and powers of the officers, directors, and shareholders.
Why Choose SunDoc Filings?
To form a corporation or subchapter S corporation in North Carolina, you need to file your North Carolina Articles of Incorporation with the Secretary of State of North Carolina. SunDoc Filings will help you do this and assist you in creating your corporation with the North Carolina SOS efficiently and quickly.
We’ve been doing this work since 1999, and we know and understand all of North Carolina’s requirements. We’ll handle your incorporation right away and professionally. We’ll make the process painless and simple.
What is a North Carolina corporate kit?
A corporate kit for your corporation is a hardbound binder that contains all of your North Carolina corporation's important documents, including the bylaws and North Carolina Articles of Incorporation. Your corporation's name will be hot stamped onto the binder spine. Many of the kits come with a protective slipcase. Others are made with a built-in slipcase.
All of the North Carolina corporate kits that SunDoc Filings offers contain 20 custom stock certificates. These include:
- Your corporation's name
- The amount of shares
- Par value the corporation is authorized to issue
- Titles of president and secretary underneath the lines of signatures
Already formed your North Carolina corporation? You can order an North Carolina corporate kit by placing the order individually at our Corporate/LLC Kit order page. Several colors and styles are offered.
You’ve formed your corporation, have your EIN, chosen between a C or S corporation, prepared your bylaws and issued shares of stock, and lastly, used your new embosser. Finally, it’s time to check which local business licenses your corporation needs. Ask about all requirements for various types of business licensing. If you’re operating your business from your home, you’ll need to double check with your city or county in order to see if a home permit is needed.