Can a Foreigner Form an LLC in North Carolina?
Yes. North Carolina permits foreign nationals and non-US residents to form LLCs without citizenship or residency restrictions. Under N.C.G.S. § 57D-2-20, one or more persons—including non-US citizens—may organize an LLC by filing Articles of Organization with the Secretary of State. You need a registered agent with a North Carolina street address, but organizers may list foreign home addresses.
What You Need to File
Submit Articles of Organization to the North Carolina Secretary of State, Business Registration Division. Required information includes:
- LLC name with designator (LLC, L.L.C., or Limited Liability Company)
- Name and address of each organizer (foreign address acceptable)
- North Carolina registered office street address
- Registered agent name and address
- Principal office address (if applicable)
File online at https://www.sosnc.gov/online_filing/filing/creation or by mail. The filing fee is $125.00. Standard processing takes 10–15 business days; expedited service costs $100 (24-hour) or $200 (same-day, if submitted by noon).
Registered Agent Requirement
Your LLC must designate a registered agent with a North Carolina street address. This agent receives legal documents on behalf of your LLC. The agent can be a North Carolina resident, a professional registered agent service, or another business entity authorized to conduct business in the state. This requirement cannot be waived.
Name Search and Reservation
Search available names at https://www.sosnc.gov/online_services/search/by_title/search_Business_Registration to ensure your chosen name is distinguishable from existing registrations. You may reserve a name for 120 days for $10.00.
Assumed Business Name (DBA)
If you operate under a name different from your LLC's legal name, file an assumed business name with the Register of Deeds in each county where you conduct business and with the statewide database.
Tax and Compliance
Formation does not automatically provide a federal tax identification number (EIN). Consult a tax professional regarding EIN requirements, federal tax classification, and state tax obligations for foreign-owned entities.
Contact Information
North Carolina Secretary of State, Business Registration Division
Phone: (919) 814-5400
Website: https://www.sosnc.gov/divisions/business_registration
This is general information, not legal advice.