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Misconceptions

When considering the North Carolina Articles of Incorporation form, several misconceptions often arise. Understanding these can help streamline the incorporation process and ensure compliance with state regulations.

  • Misconception 1: Anyone can file Articles of Incorporation.
  • While it's true that anyone can prepare the documents, only individuals authorized to act on behalf of the corporation, such as directors or officers, should file them. This ensures that the corporation is properly represented.

  • Misconception 2: Articles of Incorporation are the same as a business license.
  • Articles of Incorporation serve as the foundational document for creating a corporation, while a business license is a separate requirement to legally operate within a specific jurisdiction.

  • Misconception 3: Filing Articles of Incorporation guarantees tax-exempt status.
  • Incorporating does not automatically confer tax-exempt status. To achieve this, organizations must apply separately to the IRS and meet specific criteria.

  • Misconception 4: The process is quick and can be done in a day.
  • While filing can be completed relatively quickly, the processing time can vary. It may take several days or even weeks for the state to approve the Articles of Incorporation.

  • Misconception 5: You don’t need to include a registered agent.
  • Every corporation in North Carolina must designate a registered agent. This agent is responsible for receiving legal documents on behalf of the corporation, ensuring that important communications are not missed.

  • Misconception 6: You can change the Articles of Incorporation anytime without a formal process.
  • Amending the Articles of Incorporation requires a formal process, including filing the appropriate amendment forms with the state. Changes cannot be made informally or without proper documentation.

Form Properties

Fact Name Description
Purpose The Articles of Incorporation serve to officially create a corporation in North Carolina.
Governing Law The form is governed by the North Carolina General Statutes, specifically Chapter 55.
Required Information Key details such as the corporation's name, address, and purpose must be included.
Filing Fee A filing fee is required when submitting the Articles of Incorporation to the state.
Processing Time Typically, the processing time for the Articles of Incorporation is around 7 to 10 business days.

Key takeaways

When filling out and using the North Carolina Articles of Incorporation form, consider the following key takeaways:

  • Ensure you provide the correct business name. It must be unique and not already in use by another entity in North Carolina.
  • Designate a registered agent. This person or business must have a physical address in North Carolina and be available during business hours.
  • Include the principal office address. This is where the main business activities will occur.
  • Clearly state the purpose of the corporation. A general statement is often sufficient, but specific purposes can also be included.
  • Decide on the number of shares the corporation is authorized to issue. This affects ownership and investment opportunities.
  • Identify the incorporators. These individuals are responsible for filing the Articles and must provide their names and addresses.
  • Check the form for accuracy and completeness before submission. Errors can delay the incorporation process.
  • File the Articles with the North Carolina Secretary of State. This can often be done online or by mail.
  • Pay the required filing fee. Fees vary depending on the type of corporation being formed.
  • Once approved, keep a copy of the Articles for your records. This document is essential for future business operations.

Dos and Don'ts

When completing the North Carolina Articles of Incorporation form, it is important to follow certain guidelines to ensure accuracy and compliance. Below is a list of things to do and avoid during this process.

  • Do provide accurate and complete information for all required fields.
  • Do ensure that the name of the corporation complies with state naming requirements.
  • Do include the registered agent's name and address.
  • Do review the form for any errors before submission.
  • Don't leave any required fields blank; incomplete forms may be rejected.
  • Don't use prohibited words in the corporation's name that may mislead the public.

Following these guidelines will help streamline the incorporation process in North Carolina.

Common mistakes

  1. Incorrect Business Name: Failing to ensure that the chosen business name is unique and not already in use can lead to delays or rejections. It is crucial to verify the availability of the name through the North Carolina Secretary of State's database.

  2. Missing Registered Agent Information: Every corporation must designate a registered agent. Omitting this information can result in the application being deemed incomplete.

  3. Inaccurate or Incomplete Purpose Statement: The purpose of the corporation must be clearly stated. A vague or overly broad purpose can lead to questions or issues during processing.

  4. Failure to Include Initial Directors: Not listing the initial directors of the corporation can cause complications. It is important to provide their names and addresses as required.

  5. Improper Filing Fee: Each submission requires a specific fee. Submitting an incorrect amount can lead to rejection of the application.

  6. Neglecting to Sign the Form: The Articles of Incorporation must be signed by the incorporators. A missing signature can render the document invalid.

  7. Incorrect Filing Method: Submitting the form through the wrong channel, whether by mail or online, can delay processing. It is important to follow the prescribed method for filing.

What You Should Know About This Form

  1. What is the purpose of the North Carolina Articles of Incorporation form?

    The Articles of Incorporation form is a legal document that establishes a corporation in North Carolina. It outlines the basic details about the corporation, including its name, purpose, and the number of shares it is authorized to issue. This document must be filed with the North Carolina Secretary of State to legally create the corporation.

  2. Who can file the Articles of Incorporation?

    Any individual or group of individuals can file the Articles of Incorporation, provided they are at least 18 years old. This includes business owners, entrepreneurs, and legal representatives. It's important to note that the incorporators do not need to be residents of North Carolina.

  3. What information is required on the Articles of Incorporation form?

    The form requires several key pieces of information, including:

    • The name of the corporation, which must be unique and not similar to existing businesses.
    • The principal office address.
    • The purpose of the corporation, which can be broad or specific.
    • The number of shares the corporation is authorized to issue.
    • The names and addresses of the incorporators.
  4. How much does it cost to file the Articles of Incorporation?

    The filing fee for the Articles of Incorporation in North Carolina is typically around $125. Additional fees may apply if expedited processing is requested. It's advisable to check the North Carolina Secretary of State's website for the most current fee structure.

  5. How long does it take for the Articles of Incorporation to be processed?

    The processing time can vary. Generally, it takes about 7 to 10 business days for the North Carolina Secretary of State to process the Articles of Incorporation. However, if expedited service is requested, the turnaround time may be significantly shorter.

  6. What happens after the Articles of Incorporation are approved?

    Once the Articles of Incorporation are approved, the corporation officially comes into existence. The Secretary of State will issue a certificate of incorporation, which serves as proof of the corporation's legal status. Following this, the corporation must comply with ongoing requirements, such as obtaining necessary licenses and permits, holding annual meetings, and filing annual reports.

North Carolina Articles of Incorporation Example

North Carolina Articles of Incorporation

This document is prepared in accordance with the North Carolina General Statutes Chapter 55. Please fill in the required information where indicated.

The undersigned, acting as incorporators under the North Carolina Business Corporation Act, hereby adopt the following Articles of Incorporation:

  1. Name of Corporation: ___________________________________________
  2. Principal Office Address: ______________________________________
  3. City: ______________________ State: NC Zip Code: ___________
  4. Registered Agent: ___________________________________________
  5. Address of Registered Agent: _________________________________
  6. City: ______________________ State: NC Zip Code: ___________
  7. Purpose of Corporation: _______________________________________

The activities the corporation intends to conduct include:

  • ______________________________________________________________________
  • ______________________________________________________________________
  • ______________________________________________________________________

Indicate whether the corporation will be authorized to issue shares:

  1. Number of shares authorized: ________________________________
  2. Par value of shares: ________________________________________

Incorporators:

  • Name: __________________________ Signature: _______________
  • Name: __________________________ Signature: _______________
  • Name: __________________________ Signature: _______________

Date of Incorporation: ___________________________________________________

These articles are executed by the undersigned and effective upon filing with the Secretary of State of North Carolina.

The undersigned indicates acceptance of the registered agent:

Registered Agent Signature: _________________________________________