An operating agreement is optional, and authorized by the North Carolina Limited Liability Company Act (“the Act”). When an LLC is formed, rights of owners (called “members”) are governed by the Act until such time as all of the initial owners adopt an operating agreement.
North Carolina is an Agreement State. The NRC's Regional Office in Atlanta, Georgia, (Region II) is responsible for carrying out the Agency's duties in North Carolina.
In summary, while a registered agent is an important representative of the company in the eyes of the state government, they do not have any ownership in the business and their authority is limited to receiving and forwarding official documents.
The Notice of Contract must follow the statutory form and be filed with the Office of the Clerk of Court in the county where the property is located. It also must be posted at the jobsite – in a location adjacent to the building permit.
Each domestic and foreign Business Corporation, Nonprofit Corporation, Limited Liability Company, Limited Partnership and Limited Liability Partnership registered on the NC Business Registry is required to have a current Registered Agent and Registered Agent Office of record with the NC Secretary of State's Office.
To change your registered agent in North Carolina, you must file the Statement of Change with the Secretary of State of North Carolina, Corporations Division. You can submit the registered agent statement of change online, by mail, or in person.
How to get an LLC in North Carolina in 6 steps Decide on a business name. Assign an agent for service of process. File articles of organization. Create an operating agreement. Get an employer identification number (EIN) and open a business bank account. Register for state taxes. Apply for business licenses.
Every LLC that is registered in the states of California, Delaware, Maine, Missouri, and New York is legally required to have an operating agreement.
In addition, an operating agreement outlines the rules and regulations governing the business, which can help to prevent disputes between you and other members. This document is not required by law in North Carolina, but having one in place is a good idea.
Can I write my own Operating Agreement? Yes, but we recommend using an Operating Agreement template. An Operating Agreement is a legal document. You don't have to hire an attorney to write one, though.