How to Register a Delaware LLC in North Carolina
When forming an LLC, Delaware is often the popular choice because it has the strongest corporate law structure.
Delaware’s legal climate has been ranked No. 1, which contributes to the popularity of forming a Delaware LLC—regardless of the state in which you will be running the business.
When operating a Delaware LLC in North Carolina, your business will be considered domestic to Delaware and foreign to North Carolina. North Carolina has a process called Foreign Qualification which enables a Delaware company to have the authority to operate in North Carolina.
Like most states, North Carolina will have an application process, a state fee, and also require additional documentation from Delaware.
How do you know if this foreign qualification process pertains to you? Typically, business owners register a Delaware LLC in North Carolina as a foreign entity if they have any type of physical presence there. This could mean an office, an employee, a bank account or simply running the business from their home office which is located in North Carolina.
So, what to do? Generally, people look to their Delaware Registered Agent for help with this process. Since 1981, we have been helping clients form Delaware LLCs and operate successfully all over the world.
First, we'll prepare the application and send it you for signature. We also know that North Carolina will require a certificate of good standing from the state of Delaware. We will obtain this from the state and include it in the package. Once we have your signatures, we will then file this application with North Carolina, pay the state fee and send you the Certificate of Authority once it is approved. The process will typically take about a week.
North Carolina will also require that Delaware LLCs have a Registered Agent address in North Carolina. This is for the purpose of receiving any legal documents or service of process from the state.
Once your business is registered as a foreign entity in North Carolina, the state of North Carolina will require an annual report. This report is $202, and is due by April 15 the year after you are registered in North Carolina. Your Registered Agent will send you a reminder about this report. North Carolina does not have a publishing requirement unless it is specifically required by the county of your registered age
For more information on registering your Delaware LLC in North Carolina or having a Registered Agent in North Carolina, please contact us at 1-800-345-2677, Ext. 6130.
*Disclaimer*: Harvard Business Services, Inc. is neither a law firm nor an accounting firm and, even in cases where the author is an attorney, or a tax professional, nothing in this article constitutes legal or tax advice. This article provides general commentary on, and analysis of, the subject addressed. We strongly advise that you consult an attorney or tax professional to receive legal or tax guidance tailored to your specific circumstances. Any action taken or not taken based on this article is at your own risk. If an article cites or provides a link to third-party sources or websites, Harvard Business Services, Inc. is not responsible for and makes no representations regarding such source’s content or accuracy. Opinions expressed in this article do not necessarily reflect those of Harvard Business Services, Inc.
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There are 3 comments left for How to Register a Delaware LLC in North Carolina
Jose said: Tuesday, August 24, 2021I didn't realize the benefits of opening an LLC in Delaware vs. my home state North Carolina. I think I might cancel my current LLC and open one up thru Delaware.
HBS Staff replied: Tuesday, August 24, 2021Hi Jose, thank you for reading our blog! We will be more than glad to help you with the transition of your company. Give one of our sales reps a call and we can begin the process: 1-800-345-2677.
R. Clark said: Sunday, December 29, 2019If my e-commerce company is incorporated in Delaware how will operating my home office out of North Carolina affect my tax benefits of incorporating in Delaware?
HBS Staff replied: Monday, December 30, 2019Generally, Delaware companies only pay state income tax on income earned in the state of Delaware. If you're unsure if your business activities would be considered to be done in Delaware or North Carolina, it is best to speak with a tax professional about your specific situation.
Melvin Jones said: Monday, February 12, 2018I am trying to obtain a certifeid or otherwise authenticated copy of AcquiTech LLC's articles of organization or other constituent documents, and all amendents to register in the state of Virginia. Assistance appreciated on what/how to order.
HBS Staff replied: Tuesday, February 13, 2018We can help to obtain the Certified Copies of all the filings ever made in Delaware. Please call 800 345 2677 Ext 6911 and a live person will answer and assist you right away.