North Carolina may be known for its mountains and unique barbecue, but business is also booming in the Tar Heel State. Industries like technology, agriculture, and manufacturing are thriving, from the Durham-Raleigh Research Triangle to the arts scene of Asheville. If you plan to start a business here—or your out-of-state business plans to operate here—you need to know about how to designate a North Carolina registered agent with the Secretary of State.
What is a North Carolina registered agent and what do they do?
A NC registered agent under the state’s Uniform Commercial Code (UCC) is a person designated to receive official legal documents on behalf of a business, such as lawsuit papers, subpoenas, and other legal notices. They might also receive other official papers on behalf of the business that are mailed or delivered, such as business license renewal and tax notices. They’ll notify the business owner of any papers received, and promptly forward them to the business entity.
North Carolina law requires most businesses to have a registered agent with a physical address in the state, known as a registered office address. For example, the federal government or state agencies like the Department of Revenue might send tax forms, or the Secretary of State might mail reminders about your annual report filing. However, the main purpose of a registered agent is to accept service of process, which is a notification that your business is being sued.
Extra services offered by professional registered agents
Registered agent services sometimes offer additional services, such as preparing and filing registration documents, sending reminders when annual reports or license renewals are due, and keeping documents. Here are some examples of how they support their clients.
Mail forwarding
While the main responsibility of a professional registered agent is to accept service of process and inform you about it, they’ll sometimes be able to forward your mail to an address you choose, like your home or another office location.
Document scanning
With a professional agent, you may not even have to rely on physical copies of your mail. They can often scan incoming business documents and upload them to cloud storage so you can access them immediately from your phone or computer. It’s a great way to prevent delays and also allows you to keep digital records of everything for future reference.
Time-sensitive notifications
When your registered agent receives a document, you’ll usually receive an alert right away. A missed tax payment or failure to respond to legal action could cost your business thousands of dollars, so staying informed about time-sensitive information helps you avoid unnecessary risks.
Virtual mailboxes
Many registered agent services offer virtual mailboxes as an add-on. For a business owner working in a coworking space or someone launching an e-commerce store, a virtual mailbox provides a business address and centralized mail management. LegalZoom offers a virtual address in Raleigh, the perfect place to make your business look professional and credible.
Junk mail filtering
Business owners have enough on their plates, and sorting through junk mail can feel like a waste of time. Registered agents who offer virtual mailbox services often include junk mail filtering, which can save a small business owner in North Carolina hours each month and allow them to focus on operations instead of dealing with clutter.
What are the legal requirements for a North Carolina registered agent?
In North Carolina, any business entity registered with the Secretary of State is required by law to have a registered agent. This means if you have a corporation, limited liability company (LLC), limited partnership, or limited liability partnership (LLP), either organized in North Carolina (a domestic entity) or formed in another state and conducting business there (a foreign entity), you need a registered agent. Sole proprietorships and general partnerships don’t need one, since they do not need to be registered with the state to operate.
The requirements for NC registered agents are as follows:
- A registered agent can be an owner or employee of the company, another individual person, or a registered agent company authorized to conduct business in North Carolina.
- The registered agent's business office is called the registered office and must have a physical street address in North Carolina.
- In addition to the street address, a different mailing address may be indicated (including a P.O. Box, or a private mailbox or mail service).
- The registered office must be staffed during regular business hours and available to accept service of process for the business.
If a business entity fails to designate or maintain a registered agent, service of process can be made on the Secretary of State. A lack of designated contacts can delay or prevent the business from receiving vital legal documents.
Why should you hire a North Carolina registered agent?
An owner or an employee of your company may serve as the registered agent, which can avoid the cost of an outside agent. However, if your business does not have a regular office with a street address in North Carolina that is staffed during regular business hours, you’ll need to hire a registered agent service. Professional services can also have other benefits that apply to any business:
- Legal compliance. A professional registered agent will meet state requirements, ensuring your business remains in good standing and compliant with the law.
- Risk mitigation. Forgetting to respond to a lawsuit, missing important business documents, or not filing by your annual report deadlines can lead to serious consequences. Registered agents receive these notices and alert you in a timely manner.
- Professionalism. Using your home address as your registered office can feel unprofessional to investors, customers, or business partners. A professional agent provides a dedicated address that reflects your company’s credibility.
- Flexibility. If you run a business with a flexible or mobile setup, like an event planning company that travels across North Carolina, or even if you go on vacation often, having a registered agent means you won’t miss key documents.
- Privacy. Using a registered agent can help protect you from unwanted visitors or embarrassing situations. For example, if your business is sued, the papers will be delivered to your agent instead of your home.
- Access to extra services. Beyond compliance, professional agents sometimes offer services like mail forwarding, virtual mailboxes, and digital document storage, helping you stay organized and efficient.
Who should hire a professional registered agent?
If privacy, convenience, or professionalism are priorities for you, a professional agent service could save you a lot of time and hassle. Here are a few examples of situations where a registered agent service makes a big difference:
- Frequent travel. If you travel a lot, it can be tough to always be available during normal business hours. A registered agent service makes sure nothing gets missed while you’re on the go.
- Night or weekend hours. If your business operates outside the usual 9-to-5—like restaurants, gyms, or breweries—it’s hard to be on call just to have mail delivered. Your registered agent will be responsible for some of the most important items.
- Strict regulations. If your business is in a regulated industry, such as healthcare, finance, or construction, you may have extra state and federal paperwork to deal with. Registered agent services can help you stay in good standing with the state.
- Out-of-state businesses. Businesses based in other states are still required to register as foreign entities and have a registered agent address in North Carolina. Hiring a professional agent is the easiest way to stay compliant.
How to hire a North Carolina registered agent
A business entity's initial formation document or registration document filed with the North Carolina Secretary of State, as well as its annual report (if required), must provide registered agent information. You can change the registered agent at any time by filing a Statement of Change of Registered Office and/or Registered Agent with the Secretary of State. If the registered office address changes, either the entity or the registered agent must file.
Whether you’re looking for a registered agent before filing for an LLC in North Carolina or you want to change your agent to use a professional service, LegalZoom can help. We offer registered agent services, virtual mailboxes, formation services, and more. To sign up, just go to the registered agent services page, create an online account, and answer a few basic questions about your business. We’ll take it from there—and you can be confident you won’t miss any important notices.
FAQs
Can I be my own registered agent in North Carolina?
Yes, North Carolina allows business owners to act as their own registered agents, but there are challenges to consider. You must have a physical address in North Carolina, which cannot be a P.O. box, and you need to be available during normal business hours to accept documents. Many business owners find that hiring a professional agent is a more practical solution.
How much does a registered agent cost in North Carolina?
The cost varies depending on the provider and the level of service. Basic registered agent services typically range from $100 to $300 per year. Some providers also offer additional services, such as compliance monitoring or digital mail forwarding, which may cost extra.
Can I change registered agents in North Carolina?
Yes, changing NC registered agents is common. You’ll need to provide updated registered agent information by filing a Statement of Change of Registered Office or Agent form with the North Carolina Secretary of State. Most professional agents, including LegalZoom, can help with this process—LegalZoom will even cover state fees to change your registered agent.
Should I hire a registered agent before forming an LLC?
It’s a smart idea to hire a registered agent before filing for your LLC. North Carolina requires you to list your registered agent’s name and physical street address in your Articles of Organization, so if you don’t have one in place, you may face delays in getting your business approved.
Edward Hartman also contributed to this article.