How To Change Registered Agent In North Carolina? (Guide)
As a North Carolina LLC owner, you have probably considered changing your registered agent.
Although the process is simple, following the proper steps to ensure your business complies with state laws is crucial.
Our LLC experts understand the importance of having a reliable registered agent for proper business operations and have helped multiple business owners change theirs.
This article will provide step-by-step instructions to ensure that changing your registered agent goes as smoothly as possible.
Quick Summary
- To change a registered agent in North Carolina, you must submit a Statement of Change of Registered Agent form to the Secretary of State.
- It usually takes the state 7–10 days to process the form once they receive it by mail and 3-5 business days to process it online.
- The statistic from Lending Tree indicating a 21.2% business failure rate within the first year underscores the necessity for North Carolina LLCs to have a reliable registered agent from the outset to mitigate risks associated with regulatory non-compliance.
- From my perspective, the process of changing a registered agent in North Carolina is a testament to the state's commitment to supporting business growth and adaptability.
How To Change Your North Carolina Registered Agent?
To change your North Carolina registered agent, you should fill out and submit the Statement of Change of Registered Agent form to the North Carolina Secretary of State, Corporations Division.
You can mail or submit the form online or use a North Carolina registered agent service, but I would always advise you to opt for a registered agent.
1. Changing Your Registered Agent Using A Professional Service
If you'd like to utilize a professional service to assist you in changing an LLC registered agent in North Carolina, follow these steps:
- Research and select a reputable registered agent service provider.
- Call the provider and tell them your company's details.
- The provider will prepare and file the Statement of Change of Registered Office or Registered Agent form on your behalf with the North Carolina Secretary of State.
- After the form is processed and approved by the Secretary of State, a confirmation notice will be sent to the new LLC registered agent at the address provided on the form.
- You will need to pay a filing fee of \$5 plus the service charge, depending on your professional service.
Utilizing registered agent services to handle your company's process is recommended, as it can save time and provide correct handling.
2. Changing Your Registered Agent Online
You can fill out and send a Statement of Change of Registered Office and Registered Agent using the North Carolina Secretary of State website.
These are the steps you need to follow:
- Download and complete Form BE-06: Statement of Change of Registered Office and Registered Agent.
- Access your online account by entering your login credentials.
- Choose "Submit a Filing to an Existing Entity."
- Search for and select your company.
- Select "Upload a PDF Filing."
- To select the appropriate option from the drop-down menu, choose "Designation of Statement of Change of Principal Office and Registered Agent Name/Office."
- Submit the form along with the payment of \$5.
3. Changing Your Registered Agent by Mail or In-Person
To change your registered agent in North Carolina by mail or in-person, you need to complete Form BE-06. This form must be submitted to the Secretary of State's office.
Here's a breakdown of the process for each method:
- By Mail:
- Fill out the BE-06 form. This form requires information like the LLC name, current and new registered agent's office address, and the new registered agent's name, signature, and title.
- Sign the form.
- Include a payment by check, made payable to the Secretary of State.
- Mail the documents to:
- Business Registration Division
- P.O. BOX 29622
- RALEIGH, NC 27626-0622
- In-Person:
- Complete the BE-06 form as described above.
- Bring the form and payment to the following address:
- Business Registration Division
- 2 South Salisbury St.
- Raleigh, NC 27601.
The fee for this process is \$5, payable by check, money order, or credit card.
Related articles:
- How To Form an LLC in North Carolina
- Premium LLC Formation Services in North Carolina
- How To Dissolve an LLC in North Carolina
Who Can Be A North Carolina Registered Agent?
A North Carolina registered agent can be an individual or business entity, such as a domestic business corporation, nonprofit corporation, or limited liability company authorized to transact business in the state.
The role of a registered agent is becoming increasingly important, particularly considering the surge in new businesses, with 39,539 establishments opening from March 2021 to March 2022, as per the US Small Business Administration [1].
This growth underscores the need for reliable representation for legal and state communications.
In North Carolina, the Registered Agent must be an active North Carolina business entity filed with the Secretary of State's Office and listed on the business registry.
The registered agent's responsibility is to send any notice, process, or demand to the business entity at their most recent address [2].
A lot of my clients overlooked this, so I'll give you an important piece of advice: If you have a foreign business entity, you must ensure it is authorized to transact business in North Carolina.
Some companies prefer to use the same registered agent across all states instead of having multiple agents in different states.
"When in doubt, choose change"
- Lily Leung, Co-Founder & CEO at Nikopicto Limited.
FAQs
Can I Change The Registered Agent For A Foreign Entity Doing Business In North Carolina?
Yes, foreign entities registered to do business in North Carolina must also maintain a registered agent and can change their agent by filing the appropriate form.
Can A Company Act As Its Own Registered Agent in North Carolina?
No, a company cannot act as its own agent, but an individual associated with the company can serve in this role.
Can I Be My Own Registered Agent in North Carolina?
Yes, you can be your own registered agent in North Carolina if you meet the requirements. You must be a resident of North Carolina or a business entity authorized to transact business in the state. You must have a physical street address in North Carolina to receive legal documents and other necessary correspondence.
Reference:
- https://advocacy.sba.gov/wp-content/uploads/2023/11/2023-Small-Business-Economic-Profile-NC.pdf
- https://www.sosnc.gov/Guides/register_a_foreign_business/registered_agent
