North Carolina Articles of Incorporation: Definition, Purpose

What are North Carolina Articles of Incorporation?

North Carolina articles of incorporation is a legal document that must be filed with the North Carolina Secretary of State to establish a new corporation. This formation document serves as legal proof that your business is established in North Carolina and abiding by all state business laws and regulations.

Once articles of incorporation are filed and approved by the State, a business can move forward with operations and apply for an EIN, open business bank accounts, and acquire all necessary licenses and permits.

How Do I Find Articles of Incorporation in North Carolina?

The North Carolina Secretary of State website contains a database of every legally registered corporation in the state. Articles of incorporation are public information so anyone can find articles of incorporation for any company listed in this database.

Follow these steps to find articles of incorporation in North Carolina:

1. Visit the Secretary of State website.
2. Click on “Business Entity Search” from the main page.
3. Select how you want to search for a business and enter the search text in the appropriate box.

The results will provide a list of companies that match your search criteria. Once you have found the corporation you are searching for, click the name and you will be able to access a PDF of the articles of incorporation by clicking “View Filings”.

This website also allows you to upload filings, order documents, and add an entity to your email notification list. You should create an account to access all website features.

Does North Carolina Require Articles of Incorporation?

Yes. In North Carolina articles of incorporation are mandatory to establish a new corporation.

North Carolina Articles of Incorporation Example

[Your Company Name]

ARTICLES OF INCORPORATION

OF

[YOUR COMPANY NAME]

A North Carolina For-Profit Corporation

I. NAME

The name of this corporation is [Your Company Name].

II. PURPOSE

The purpose for which this corporation is organized is to engage in any lawful act or activity for which a corporation may be organized under the North Carolina Business Corporation Act.

III. AUTHORIZED SHARES

This corporation is authorized to issue two classes of shares designated as "Common Stock" and "Preferred Stock." The total number of shares that this corporation is authorized to issue is [Total Number of Shares], of which [Number of Common Shares] shall be Common Stock, and [Number of Preferred Shares] shall be Preferred Stock.

A. Common Stock

1. Voting Rights: Each holder of Common Stock shall be entitled to one vote for each share of Common Stock held on all matters submitted to a vote of shareholders.

B. Preferred Stock

1. The Preferred Stock may be issued in one or more series, each with such designation, rights, preferences, and limitations as the Board of Directors may determine by resolution. The Board of Directors is expressly granted the authority to determine and alter the rights, preferences, privileges, and restrictions granted to or imposed upon any wholly unissued series of Preferred Stock.

IV. REGISTERED OFFICE AND AGENT

The address of the initial registered office of this corporation in the State of North Carolina is:

[Registered Office Street Address] [City, State, Zip Code]

The name of its initial registered agent at that address is [Registered Agent's Name].

V. INCORPORATOR

The name and address of the incorporator are:

[Incorporator's Name] [Incorporator's Street Address] [City, State, Zip Code]

VI. DIRECTORS

The number of directors constituting the initial board of directors is [Number of Directors], and the names and addresses of the persons who are to serve as the initial directors are:

[Director 1's Name] [Director 1's Street Address] [City, State, Zip Code]

[Director 2's Name] [Director 2's Street Address] [City, State, Zip Code]

[Additional Directors, if applicable]

IN WITNESS WHEREOF, the undersigned, being the incorporator hereinbefore named, has executed these Articles of Incorporation on this [Day] day of [Month], [Year].

[Incorporator's Name]

[Note: This is a basic example of Articles of Incorporation for a for-profit business in North Carolina. Depending on the specific circumstances and requirements of your company, additional provisions may need to be included. It is always recommended to consult with an attorney or other qualified professional to ensure your Articles of Incorporation comply with all applicable laws and regulations.]

How Do I Fill Out Articles of Incorporation in North Carolina?

North Carolina articles of incorporation can be filled out using the fillable PDF form provided by the Secretary of State. It is important to follow the directions because any mistakes or omissions could result in your articles being rejected.

All articles of incorporation in North Carolina must include the following bare minimum information:

• Corporate name. All corporate names must include a corporate ending.
• Shares. The number of shares the corporation is authorized to issue and whether all shares will be designated as common stock or divided into classes. If you choose to divide shares into classes or series, you will have to provide a schedule with all information required by N.C.G.S. § 55-6-01.
• Registered office. The street address of the registered office and the county in which it is located.
• Registered agent. Registered agents must be North Carolina residents and must be over the age of 18.
• Business purpose. The services provided by the corporation and reason the corporation is being formed.
• County location. The county within New York where the office of the corporation is located.
• Incorporators. The names and addresses of all incorporators who are drafting and filing the articles of incorporation. Incorporators must sign the certificate of incorporation.
• Filing date. The date the articles will become effective.
• Signatures. The signature and title of the person filing the articles.

Article 6 provides the option to add any other provisions which the corporation elects to include. If you are unsure if you need additional articles or have any questions about drafting this legal document, it is encouraged that you seek the advice of a business attorney. An attorney can provide drafting and review services and ensure that your articles of incorporation are free from mistakes and ready for filing.

Relevant Laws

• C.G.S. § 55-1-20. Filing requirements.
• C.G.S. § 55-2-02. Articles of incorporation.
• C.G.S. § 55-2-06. Bylaws.
• C.G.S. § 55-5-01. Registered office and registered agent.
• C.G.S. § 55-8-01. Requirement for and duties of board of directors.