How to Form a Limited Liability Company (LLC) in North Carolina

From a liability protection standpoint, for most North Carolina entrepreneurs, forming an LLC is the best choice for their business. Likewise for many sole proprietorships, partnerships, and other small businesses. LLCs — limited liability companies — offer protection from legal liability and can offer simplified tax procedures. Even though North Carolina LLC law makes the process of forming a LLC relatively simple, it is less than half the battle — you will still need an Operating Agreement, appropriate permits and licenses, and a federal tax ID number.

At Kerner Law Firm, PLLC, we put our personal experience as small business owners and our work as North Carolina LLC attorneys to work for you. We will guide you through every step of the process, ensuring compliance with federal and state laws, and getting your business off the ground without a legal hitch.

North Carolina LLC Basics

Start by running a name search to make sure you are not trying to incorporate your LLC under another corporation or company’s name. Although this seems simple enough, beware: North Carolina deems certain words indistinguishable from other words, such as property, realty, and real estate. These rules may not always be clearly explained on the North Carolina Corporation Commission’s website. In addition, just because the Secretary of State allows the name, that doesn't mean it's clear to use. They are not a trademark clearinghouse, they are only checking to see if they have the same name already in use in their records. They are not saying your name isn't being used by someone else, somewhere. So to simplify the process, move things along much faster, and above all – make sure everything is done right - you should involve a North Carolina LLC lawyer from the beginning.