What is A North Carolina Amendment?
North Carolina requires businesses to inform the state about any major changes in the organization. Your company can do this by filing formal paperwork. This process is known as an amendment.
Reasons Why You Need To File An Amendment
There are various reasons why a company needs to file an amendment. But, generally, doing this is necessary if the changes that your company wants to make are related to the business entity’s structure.
A. Changing The Company Name –
- LLCs
Some North Carolina LLCs end up changing their names. Whether it is for rebranding or growth purposes, you will have to follow the legal process. Submit an amendment with the State to inform it about your plans to use a new name. Additionally, your company will also have to update all its records with the state and government.
- Corporations
North Carolina corporations may also end up having to do business using a new name. If you want to do this, you have to report your plan to the state. File an amendment and change the name of your company on all its state and government records.
B. Changing Members Of The Business –
- LLCs
Among the Articles of Organization of your LLC in North Carolina is a list of all members and managers. It also includes their addresses and contact information. If you make any changes in any of these items, your LLC needs to inform the state. You can file an amendment or include the updates on the annual report.
- Corporations
Your North Carolina corporation submitted its Articles of Incorporation to formalize the business registration. This document includes the names, addresses, and contact information of your company’s officers and directors. North Carolina requires you to keep these pieces of information updated. So, report any changes. You can either do this through an amendment or simply reflect the changes on the annual report.
C. Changing Address Related To The Business –
- LLCs
The Secretary of State uses the address of your LLC to communicate with your company. You will have to let them know if your company office moves to a different location. You can file an amendment for this type of change. However, you can also update the information on the annual report.
- Corporations
The same is true for North Carolina corporations. File an amendment if the principal office address or mailing address of your corporation changes to ensure the receipt of all legal documents addressed to your corporation. You may also choose to simply include the changes on the annual report.
D. Changing Contact Information –
- LLCs
The Secretary of State has to have a way to reach your North Carolina LLC. So, if you change the contact information of your company, you have to let the state know. Since the point of contact for the state is the registered agent, you will have to report any changes. You can do this using an amendment or annual report.
- Corporations
The same rule applies to corporations. If you change the contact information of your North Carolina company, report it to the state by filing an amendment. Your registered agent receives legal documents on behalf of your corporation. If there are any changes to the information related to the registered agent, inform the state through an amendment or your company’s annual report.
E. Changing The Number Of Shares That A Corporation Is Authorized To Issue – North Carolina does not authorize LLCs to issue stock. They do not have to worry about this amendment. However, if your North Carolina company wants to change the number of shares it is authorized to issue, file an amendment with the state.
What Is Needed To File An Amendment?
LLC
North Carolina LLCs have to file the completed Limited Liability Company Amendment of Articles of Organization with the Corporations Division of the Secretary of State. You can submit by mail, online, or in person. If you file over-the-counter, you have to include a cover sheet for Corporate Filings. You can download all forms from the website of the Secretary of State. You will also need to include the $50 filing fee.
Corporation
If you need to amend your North Carolina corporation’s Articles of Incorporation, you will have to submit a completed Articles of Amendment – Business Corporation to the Corporations Division of the Secretary of State. You can file by mail, online, or in person. All forms are available on the website of the Secretary of State. An amendment filing comes with a $50 fee.
How Can DoMyLLC Assist With Streamlining The Process?
Making changes to a company’s formation documents require proper completion and filing of paperwork. Depending on the changes, you may also have to take care of other documents. To help ease the process, you can turn to a reliable document filing company like DoMyLLC. Our team can provide support and assistance to North Carolina business owners who need help in handling formalities to ensure compliance with the state.
North Carolina Amendment FAQs
Is There A Filing Fee For The Amendment?
The filing fee for an amendment is $50. Expedited processing comes with additional fees.
- Same-day – $200
- 24-hour – $100
What Information Is Required For The Articles Of Amendment?
LLCs have to provide the following information:
- Name of the company
- Exact text of the amendment
- Effective date
- Authorized signature
Corporations have to provide the following information:
- Name of the company
- Exact text of the amendment
- Adoption date
- Authorized signature
How Long Does It Take The State To Process The Amendment?
The Corporations Division of the Secretary of State normally takes 7-10 business days to finish the processing of mailed documents. They finish the processing of online filings in 3-5 business days. The state also offers expedited services.
Do You Receive A Copy Of The Certified Amendment From The State?
The Secretary of State will return a receipt of your processed amendment by mail. If you submitted a cover sheet and provided an email address, the state will send a certified copy by email.
North Carolina Business Resources
North Carolina Office of Secretary of State
Phone:
(919) 814-5400
Address:
North Carolina Secretary of State
PO Box 29622
Raleigh, NC 27626-0622
If you’re interested in more info on filing an amendment, call 888-366-9552.