North Carolina LLC Operating Agreement Template [PDF]

• Single-member LLC operating agreement: Used in situations where there is only one member to the LLC due to its simple form and lack of provisions that regulate the relationship between the members.

• Multi-member LLC operating agreement: Used in LLCs with two or more members. It regulates how the company will be operated and the mutual relationship between the members.

• Member-managed LLC operating agreement: This type of operating agreement is used when members decide to manage the LLC personally. It defines their managerial rights and duties.

• Manager-managed LLC operating agreement: Here, the members delegate the management of the company to a professional manager, and the operating agreement outlines the rights and duties of the manager.

#1. Choose a Business Name For Your LLC

The first step in the process of forming an LLC is to choose a business name that is distinguishable from other business names registered in North Carolina. The best way to check if your business name is unique is to visit the Secretary of State’s website and do a business name search. 

#2. Choose the Type of LLC

In North Carolina, there are two main types of LLCs, based on the place of establishment:

• Domestic LLCs: Companies that are established and registered in North Carolina.

• Foreign LLCs: Companies established elsewhere but registered in North Carolina due to their business expansion.

#3. Nominate an Agent

State law requires each LLC to appoint a registered agent. The agent will be in charge of receiving official notifications and documents on behalf of the LLC. 

The agent can be an:

• Individual with a registered address in North Carolina

• Entity with the authority to operate in North Carolina

#4. File the Formation Documents

This step differs based on the type of LLC you are forming.

For domestic LLCs, you should submit the Articles of Organization. You can complete this step online or fill out Form L-01.

For foreign LLCs, you should submit the Certificate of Authority. You can submit it online or fill out Form L-09. Additionally, you should submit the Certificate of Existence issued by the state of the company's initial establishment that is not older than six months.

#5. Pay the Required Fee

The filing fee for domestic LLCs is $125, and for foreign LLCs, it is $250. If you are submitting your application via mail, you should write a check, attach it to your application, and send it to the following address:

Corporations Division, P.O. Box 29622, Raleigh, NC 27626-0622

#6. Create your LLC Operating Agreement

After registering your company, you should create an operating agreement and optimize all the business processes. The document doesn’t have to be registered with any state authority. However, you should keep it for your internal reference.

#7. Apply For an Employer Identification Number (EIN)

This number will enable you to open a company bank account, complete certain transactions, and hire employees.

You can get the EIN in two ways:

• On the IRS website

• By filling out the Form SS-4