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Starting a business in North Carolina involves several important steps, one of which is completing the Articles of Incorporation form. This document serves as the foundation for establishing a corporation in the state, outlining essential details that define the entity's structure and purpose. Key components of the form include the corporation's name, which must be unique and comply with state regulations, as well as the designated registered agent who will receive legal documents on behalf of the corporation. Additionally, the form requires information about the corporation's principal office address and the number of shares the corporation is authorized to issue. It's crucial to specify the purpose of the corporation, which can be broad or specific, depending on the business's nature. By understanding these elements, business owners can ensure they meet the necessary legal requirements and set a solid groundwork for their corporate endeavors.

Documents used along the form

When forming a corporation in North Carolina, the Articles of Incorporation is a crucial document. However, several other forms and documents are often needed to complete the incorporation process successfully. Below is a list of commonly used documents that may accompany the Articles of Incorporation.

  • Bylaws: These are the internal rules governing the management of the corporation. Bylaws outline how decisions are made, how meetings are conducted, and the responsibilities of officers and directors.
  • Certificate of Incorporation: This document serves as proof that your corporation has been legally formed. It is often filed with the state and may be required for certain business activities.
  • Employer Identification Number (EIN): An EIN is a unique number assigned by the IRS for tax purposes. It is essential for opening a business bank account and filing taxes.
  • Initial Report: Some states require a report shortly after incorporation. This document typically includes basic information about the corporation and its officers.
  • Operating Agreement: While more common for LLCs, some corporations may choose to create an operating agreement. This document clarifies the roles and responsibilities of members and managers.
  • Business Licenses and Permits: Depending on your industry and location, you may need specific licenses or permits to operate legally. This could include zoning permits, health permits, or professional licenses.
  • California Judicial Council Form: This standardized document is essential for legal proceedings within the state and can be obtained by visiting California PDF Forms.
  • Shareholder Agreements: If your corporation has multiple shareholders, a shareholder agreement can outline the rights and responsibilities of each party, including how shares can be bought or sold.
  • Minutes of Organizational Meeting: After incorporation, it's important to document the decisions made during the first meeting of the board of directors. This record can be crucial for legal and operational purposes.
  • Annual Reports: Many states require corporations to file annual reports to maintain good standing. This document updates the state on the corporation's activities and financial status.

Being aware of these additional forms and documents can help streamline the incorporation process in North Carolina. Each piece plays a significant role in ensuring your corporation is compliant and operates smoothly. Always consider consulting with a professional to ensure you have everything you need for a successful start.

North Carolina Articles of Incorporation Example

North Carolina Articles of Incorporation Template

These Articles of Incorporation are submitted in accordance with the North Carolina General Statutes, Chapter 55.

Article I: Name

The name of the corporation is:

Article II: Duration

The duration of the corporation is:

Article III: Purpose

The purpose of the corporation is:

Article IV: Registered Agent

The name of the registered agent is:

The address of the registered agent is:

Article V: Incorporators

The name and address of each incorporator are as follows:

  1. Name: , Address:
  2. Name: , Address:
  3. Name: , Address:

Article VI: Directors

The number of directors of the corporation shall be:

Article VII: Amendment

These articles may be amended from time to time as the corporation determines necessary.

Article VIII: Indemnification

The corporation shall indemnify its directors and officers to the fullest extent permitted by the laws of North Carolina.

Signature

In witness whereof, the incorporators have executed these Articles of Incorporation on this .

Signature of Incorporator:

FAQ

What are the Articles of Incorporation in North Carolina?

The Articles of Incorporation are legal documents that establish a corporation in North Carolina. They provide essential information about the corporation, including its name, purpose, registered agent, and the number of shares authorized. Filing this document with the North Carolina Secretary of State is a crucial step in forming a corporation.

What information is required to complete the Articles of Incorporation?

To complete the Articles of Incorporation, you will need to provide the following information:

  1. The name of the corporation, which must be unique and include a designator like "Inc." or "Corporation."
  2. The purpose of the corporation, which can be general or specific.
  3. The registered agent's name and address. This person or entity will receive legal documents on behalf of the corporation.
  4. The number of shares the corporation is authorized to issue.
  5. The names and addresses of the incorporators.

How do I file the Articles of Incorporation?

Filing the Articles of Incorporation can be done online or by mail. Here’s how:

  • Online: Visit the North Carolina Secretary of State's website and complete the online filing form.
  • By Mail: Download the Articles of Incorporation form, fill it out, and send it to the Secretary of State’s office along with the required filing fee.

Ensure that all information is accurate to avoid delays in processing.

What is the filing fee for the Articles of Incorporation?

The filing fee for the Articles of Incorporation in North Carolina is typically $125. This fee may vary based on the type of corporation being formed, so it is advisable to check the current fee schedule on the North Carolina Secretary of State's website before filing.

How long does it take to process the Articles of Incorporation?

The processing time for the Articles of Incorporation can vary. Generally, online submissions are processed more quickly, often within a few business days. Mail submissions may take longer, typically around 7 to 10 business days. For expedited processing, additional fees may apply.

Key takeaways

Filling out and using the North Carolina Articles of Incorporation form is a crucial step for establishing a corporation in the state. The following key takeaways provide important information regarding this process:

  • The form must be completed accurately to ensure proper filing with the North Carolina Secretary of State.
  • Information required includes the corporation's name, principal office address, and the name and address of the registered agent.
  • The corporation's purpose should be clearly stated, which can be a general purpose or a specific business activity.
  • Incorporators must sign the form, and their names and addresses must be provided.
  • The filing fee must be paid at the time of submission; check the current fee schedule as it may change.
  • Once filed, the Articles of Incorporation become a public record, accessible to anyone.
  • After approval, a Certificate of Incorporation will be issued, confirming the corporation's legal existence.
  • It is advisable to keep a copy of the filed Articles for corporate records and future reference.

PDF Form Breakdown

Fact Name Description
Purpose The Articles of Incorporation establish a corporation's existence in North Carolina.
Governing Law North Carolina General Statutes, Chapter 55.
Filing Requirement To officially create a corporation, the Articles must be filed with the North Carolina Secretary of State.
Information Needed Essential details include the corporation's name, purpose, and registered agent information.
Fees A filing fee is required, which varies based on the type of corporation being formed.