How to Get a Certificate of Existence in North Carolina | A Comprehensive Guide


Steve Bennett
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Obtain a Certificate of Existence in North Carolina

If you want to start an LLC in North Carolina, you should be aware that you need a Certificate of Existence to operate. A Certificate of Existence is one important document you’ll want in such situations. It is an official document issued by the North Carolina Secretary of State’s office. It proves that a business entity is duly registered, authorized to transact business, and compliant with all state regulations and requirements. This certificate is essential for businesses in various situations, such as opening a bank account, obtaining financing, registering a foreign entity to do business in North Carolina, and engaging in business transactions. 

In this article, Webinarcare Editorial Team will provide an in-depth guide on Getting a Certificate of Existence in North Carolina, outlining its eligibility requirements, the application process, usage, and frequently asked questions. You must be guided by all the factors gathered in this article.

What is a Certificate of Existence?

A Certificate of Existence is a document issued by the Secretary of State’s office in a specific state, such as North Carolina. This certificate confirms that the corporation, LLC, or other business entity is legally registered and authorized to conduct business within the state. It also verifies that the entity has complied with all state requirements, such as filing Annual Reports and paying necessary fees. The Certificate of Existence is often required when you start a business or qualify to register a Foreign LLC in North Carolina.

Acquiring a Certificate of Existence in North Carolina is a crucial step in your journey after starting an LLC in North Carolina. It’s your badge of authenticity that validates your commitment and legal standing in the world of business.

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How to Get a Certificate of Existence in North Carolina

In obtaining the Certificate of Existence in North Carolina, there are things that you should consider, including getting and submitting the form, paying for the filing fee, and receiving the Certificate of Existence.

Step 1: Get and Submit the Form

The first thing you need to do is get the form and submit the form for your Certificate of Existence. The form is available on the North Carolina Secretary of State website. You can download the form and mail it or submit it online. 

Online Application Process:

  1. Visit the North Carolina Secretary of State website: In North Carolina, you can visit the North Carolina Secretary of State which offer an online portal for business services that includes the option to request a Certificate of Existence.
  2. Register an account: You may need to create an account or log in to your existing account to access the application process.
  3. Provide required information and documentation: The online application typically requires basic information about your business, such as the entity name, identification number, and business type. You may also need to upload supporting documents. 

Paper Application Process:

  1. Download and complete the appropriate forms: Visit the North Carolina Secretary of State website to download the required application forms for a Certificate of Existence. Complete the forms, ensuring all information is accurate and up-to-date.
  2. Provide required documentation: In North Carolina, you may need to include copies of your registration documents, Articles of Organization, annual reports, or other supporting materials.
  3. Mail or deliver the application: Once you have completed the forms and gathered the necessary documents, mail or deliver the application package to the The Secretary of State, Business Registration Division, P.O. Box 29622, Raleigh, NC 27626, along with the required fees.

Step 2: Filing Fee and Processing Time

The fees for obtaining a Certificate of Existence cost around $15. Check the North Carolina Secretary of State website for the most up-to-date fee schedule. However, the Certificate of Existence’s processing time varies from state to state. It can take a few days to a few months to obtain the Certificate of Existence in North Carolina.

Step 3: Receive the Certificate of Existence

Your forms begin processing once the form and the required filing fee are submitted. The procedure might take a long time. You can inquire with the North Carolina Secretary of State whether they provide expedited filing; the document may take many months to arrive.

Eligibility Requirements for North Carolina Certificate of Existence

To obtain a Certificate of Existence, a business entity must meet specific eligibility requirements. These requirements vary depending on the type of business entity type and compliance with North Carolina regulations.

Entity Types

The following entity types can obtain a Certificate of Existence in North Carolina:

Corporations

A corporation is a legal entity that is separate and distinct from its owners, known as shareholders. It is created under a state’s laws and given certain rights, privileges, and liabilities. The formation and operation of a corporation are governed by corporate law, which varies depending on the jurisdiction where the corporation is established. Corporations can be classified as S-Corporation, C-Corporation, and Non-profit Corporations.

Limited Liability Companies (LLCs)

An LLC, or Limited Liability Company, is a type of business structure that combines the flexibility and simplicity of a partnership with the limited liability protection of a corporation. If you plan to form an LLC, we provide the Best LLC Services for your business.

Non-Profit Organizations

A non-profit organization (NPO) is a type of organization that operates for a purpose other than generating profit for its owners or shareholders. Instead, the primary objective of a non-profit is to serve the public interest or support a particular social, educational, religious, or charitable cause. 

Limited Partnerships (LPs)

A Limited Partnership (LP) is a type of business structure comprising two or more partners with different levels of liability and involvement in business management. There are two types of partners in a limited partnership:

  • General Partners: These partners have unlimited personal liability for the debts and obligations of the partnership, and they are responsible for managing the business’s day-to-day operations. 
  • Limited Partners: These partners have limited liability, meaning their personal assets are generally protected, and their financial responsibility is limited to their investment in the partnership. 

Compliance with State Regulations

A business must be in good standing with the North Carolina Secretary of State’s office. This means that the entity has complied with all state regulations and requirements, including:

  • Submitting annual reports and fees on time
  • Having the necessary licenses and permits to operate in North Carolina
  • Maintaining a Registered Agent with a physical address in North Carolina.

If you want to hire a Registered Agent for your LLC, you should know more about North Carolina Registered Agent Services.

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Using North Carolina Certificate of Existence

North Carolina Certificate of Existence is an essential document for businesses in various situations, such as:

  • Business Transactions: When entering into contracts, partnerships, or other transactions, other parties may require proof that your business is in good standing with the state. A Certificate of Existence serves as this verification.
  • Opening a Bank Account: Financial institutions often require a Certificate of Existence to open a business bank account or line of credit. Opening a bank account for your North Carolina business is essential for maintaining a clear separation between your personal and business finances. This separation helps preserve the limited liability protection offered by the LLC structure. You can check out the Best Banks in North Carolina, which offers the best fees, services, and convenience for your business needs.
  • Registering a Foreign Entity to Do Business in North Carolina: If your business is registered in another state but wishes to operate in North Carolina, you may need to provide a Certificate of Existence from your home state as part of the registration process. Aside from that, you also need to hire a Registered Agent to file for your Certificate of Existence in the North Carolina Secretary of State office.
  • Obtaining Financing or Loans: Lenders may require a Certificate of Existence to verify that your business is in good standing before approving financing or loans. You can check out the Best Small Business Loans for your North Carolina business.

It is essential to note that depending on the state, a Certificate of Existence has a limited validity period, usually between six months and one year. As a result, businesses should ensure they keep their Certificate of Existence up-to-date by renewing or updating it as necessary.

Difference Between a Certificate of Status, Certificate of Good Standing, and Certificate of Existence

While the terms may vary by state, they generally refer to the same document. A Certificate of Status, Good Standing, or Existence proves that a business is authorized to transact in the state and has complied with all state regulations and requirements.

How Long Does it Take to Obtain a Certificate of Existence?

The processing time for a Certificate of Existence can vary depending on the state and the application method. Online applications are typically processed more quickly, often within a few business days. Paper applications may take longer, with processing times ranging from one week to several weeks.

Can I Transfer a Certificate of Existence From One State To Another?

A Certificate of Existence  is specific to the state in which it is issued. If you are registering a foreign entity to do business in North Carolina, you will need to obtain a Certificate of Existence  from your home state, in addition to meeting any other registration requirements in North Carolina.

Consequences of Not Having a Valid Certificate of Existence

Operating a business without a valid Certificate of Existence  can have serious consequences, such as fines, penalties, and even the suspension or revocation of your business’s authorization to operate. Additionally, you may need help when attempting to engage in business transactions, open bank accounts, or obtain financing.

FAQs

What is a Certificate of Existence in North Carolina?
A Certificate of Existence is a document that authenticates the existence of a business entity in North Carolina as well as its authorization to do business and comply with state regulations.
Why would I need a Certificate of Existence from North Carolina?
You may need a Certificate of Existence for various business transactions, such as applying for loans, renewing licenses, or qualifying to bid on contracts.
How can I obtain a Certificate of Existence in North Carolina?
You can obtain a Certificate of Existence by going to the Secretary of State’s website or office in North Carolina and filing a request.
Can I get a Certificate of Existence online in North Carolina?
Yes, you can obtain a Certificate of Existence online in North Carolina by visiting the Secretary of State’s website and completing the necessary form.
Is there a fee for obtaining a Certificate of Existence in North Carolina?
Yes, there is a fee for obtaining a Certificate of Existence in North Carolina, and the fee may vary depending on the type of business entity and the method of application.
What information do I need to provide to obtain a Certificate of Existence in North Carolina?
You will need to provide basic information about your business entity, such as the name, address, and type of entity, as well as any necessary documentation or identification.
How long does it take to get a Certificate of Existence in North Carolina?
It typically takes about 2 to 3 business days to process and obtain a Certificate of Existence in North Carolina.
Can I expedite the processing of my Certificate of Existence in North Carolina?
Yes, you can request expedited processing for an additional fee.
Is a Certificate of Existence the same as a Certificate of Good Standing in North Carolina?
Yes, a Certificate of Existence is the same as a Certificate of Good Standing in North Carolina.
What if my business entity is not in good standing in North Carolina?
If your business entity is not in good standing in North Carolina, you will need to resolve any outstanding issues before obtaining a Certificate of Existence.
Can I get a Certificate of Existence for a foreign corporation doing business in North Carolina?
Yes, foreign corporations doing business in North Carolina can obtain a Certificate of Existence by following the same process as domestic corporations.
Do I need a Certificate of Existence for a limited liability company (LLC) in North Carolina?
Yes, LLCs in North Carolina need a Certificate of Existence to show that they are in good standing and have the authority to conduct business.
How do I renew my Certificate of Existence in North Carolina?
Your Certificate of Existence should not need to be renewed, but you may need to obtain a new one if your business entity undergoes any changes or if your current Certificate of Existence expires.
Can I request a Certificate of Existence for multiple business entities in North Carolina?
Yes, you can request a Certificate of Existence for multiple business entities at once in North Carolina.
What if my Certificate of Existence is lost or stolen in North Carolina?
If your Certificate of Existence is lost or stolen in North Carolina, you can request a replacement by contacting the Secretary of State’s office.
Who can request a Certificate of Existence in North Carolina?
Anyone authorized by a business entity in North Carolina can request a Certificate of Existence on its behalf.
Can I get a Certificate of Existence for a dissolved business entity in North Carolina?
You may be able to obtain a Certificate of Existence for a dissolved business entity in North Carolina if there are no pending legal issues or obligations.
What is the difference between a Certificate of Existence and a business license in North Carolina?
A Certificate of Existence demonstrates your business’s existence and authorization to conduct business in North Carolina, while a business license confirms your compliance with local and state regulations.
Do sole proprietors need a Certificate of Existence in North Carolina?
It depends on the type of business activity, but sole proprietors may need a Certificate of Existence if they conduct business under a different name than their own.
What is the validity period of a Certificate of Existence in North Carolina?
There is no fixed validity period for a Certificate of Existence in North Carolina, but it is typically valid for the duration of the business entity’s existence.
Can I use a Certificate of Existence from another state in North Carolina?
No, you cannot use a Certificate of Existence from another state in North Carolina. You must obtain one specific to North Carolina.
Can I verify the authenticity of a Certificate of Existence from North Carolina?
Yes, you can verify the authenticity of a Certificate of Existence from North Carolina by contacting the Secretary of State’s office.
Can I get a Certified Copy of my Certificate of Existence in North Carolina?
Yes, you can request a Certified Copy of your Certificate of Existence from the Secretary of State’s office for an additional fee.
What happens if my business entity is not in good standing in North Carolina and I still need a Certificate of Existence?
You must resolve your business entity’s issues first before obtaining a Certificate of Existence in North Carolina.
Can I request a different format or language for my Certificate of Existence in North Carolina?
No, the format and content of a Certificate of Existence in North Carolina are standardized and cannot be altered.
Can I request an electronic or digital Certificate of Existence in North Carolina?
Yes, you can request an electronic or digital Certificate of Existence in North Carolina, but it needs to have the same content and format as a physical document.
Can I get a Certificate of Existence for a defunct business entity in North Carolina?
No, you cannot get a Certificate of Existence for a defunct business entity in North Carolina.
Who can obtain a Certificate of Existence in North Carolina?
Any business can obtain a Certificate of Existence in North Carolina.
How do I obtain a Certificate of Existence in North Carolina?
You can obtain a Certificate of Existence in North Carolina by submitting a request to the Secretary of State’s office.
What is the fee for obtaining a Certificate of Existence in North Carolina?
The fee for obtaining a Certificate of Existence in North Carolina is $15.
When should I obtain a Certificate of Existence in North Carolina?
You may need to obtain a Certificate of Existence in North Carolina to open a business bank account, obtain a loan, or apply for a license or permit.
How long does it take to obtain a Certificate of Existence in North Carolina?
It normally takes about 5-7 business days to obtain a Certificate of Existence in North Carolina.
Can I expedite the processing of a Certificate of Existence in North Carolina?
Yes, you can expedite the processing of a Certificate of Existence in North Carolina for an additional fee.
What is the cost to expedite the processing of a Certificate of Existence in North Carolina?
The cost to expedite the processing of a Certificate of Existence in North Carolina is $200.
Can I order a Certificate of Existence in North Carolina online?
Yes, you can order a Certificate of Existence in North Carolina online.
What is the website for ordering a Certificate of Existence in North Carolina online?
The website for ordering a Certificate of Existence in North Carolina online is sosnc.gov.
Can I order a Certificate of Existence in North Carolina by mail?
Yes, you can order a Certificate of Existence in North Carolina by mail.
What is the mailing address for ordering a Certificate of Existence in North Carolina?
The mailing address for ordering a Certificate of Existence in North Carolina is:
Can I obtain a Certificate of Existence in North Carolina for a foreign business?
Yes, you can obtain a Certificate of Existence in North Carolina for a foreign business that is registered to do business in North Carolina.
What documents do I need to obtain a Certificate of Existence in North Carolina for a foreign business?
You will need to provide the name of your foreign business, your foreign business’ certificate of authority number, and your contact information.
What is a certificate of authority number for a foreign business in North Carolina?
A certificate of authority number is the number assigned by the North Carolina Secretary of State’s office to a foreign business that is registered to do business in North Carolina.
Can I obtain a Certificate of Existence in North Carolina for a non-profit organization?
Yes, you can obtain a Certificate of Existence in North Carolina for a non-profit organization.
What documents do I need to obtain a Certificate of Existence in North Carolina for a non-profit organization?
You will need to provide the name of your non-profit organization and your contact information.
How long is a Certificate of Existence in North Carolina valid?
A Certificate of Existence in North Carolina is valid for 6 months.
What happens if my Certificate of Existence in North Carolina expires?
If your Certificate of Existence in North Carolina expires, you may need to submit a new request for a Certificate of Existence.
Can I obtain a copy of my Certificate of Existence in North Carolina?
Yes, you can obtain a copy of your Certificate of Existence in North Carolina.
What is the fee for obtaining a copy of my Certificate of Existence in North Carolina?
The fee for obtaining a copy of your Certificate of Existence in North Carolina is $5.
How do I request a copy of my Certificate of Existence in North Carolina?
You can request a copy of your Certificate of Existence in North Carolina by submitting a request to the North Carolina Secretary of State’s office.
Can I get a refund if I do not receive a Certificate of Existence in North Carolina?
No, the fee for obtaining a Certificate of Existence in North Carolina is non-refundable.
Can I update my contact information on my Certificate of Existence in North Carolina?
No, you cannot update your contact information on your Certificate of Existence in North Carolina.
What should I do if I need to update my contact information?
You should contact the North Carolina Secretary of State’s office to update your contact information.
Can I obtain a Certificate of Existence in North Carolina over the phone?
No, you cannot obtain a Certificate of Existence in North Carolina over the phone.
What should I do if I have more questions about obtaining a Certificate of Existence in North Carolina?
You should contact the North Carolina Secretary of State’s office for more information about obtaining a Certificate of Existence in North Carolina.

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Conclusion

A Certificate of Existence in North Carolina is an essential document for businesses operating within the state. Ensuring that your business remains in good standing with the state by complying with all regulations and requirements and keeping your Certificate of Existence  up-to-date is crucial. Suppose you need assistance obtaining a Certificate of Existence  or have questions about the process. In that case, it is best to consult with the North Carolina Secretary of State office or seek legal advice from a professional familiar with your state’s business laws.

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