Whether we’re talking weather, vacations, or bags of potato chips, all good things must come to an end, and that includes registered agent duties. There are numerous reasons you might need to give up your North Carolina registered agent role, but only one way to resign.
Registered agents play an important role in the life of an LLC, handling sensitive legal and tax documents, so it’s essential that agents follow proper resignation procedures. Otherwise, you could leave your company with unplanned fines or penalties, and you could be individually liable.
Despite the consequences, resigning from your North Carolina LLC registered agent role is easy.
Follow these steps and the hardest part of your resignation won’t be the process itself, it’ll be saying “so long” to your former business.
Time Saving Hack: You can resign as registered agent, get all state paperwork taken care of and have a replacement agent when you hire an online registered agent service.
Notifying the North Carolina LLC
The first step in resignation is informing your LLC. North Carolina Statutes § 55D-32 mandates that every resigning registered agent first deliver written notice to their company. This is to ensure that the LLC has ample time to change its registered agent and avoid the penalties for operating without one. In reaching out beforehand, you can help develop a transition plan that makes the process smoother for everyone involved.
You will be asked to confirm this notification on your official resignation document with the Secretary of State.
Submitting Your Resignation
Once you’ve broken the news to your LLC, it’s time to get your resignation officially underway. To resign, you must submit a Form BE-07: Statement of Resignation of Registered Agent. Find it on the Secretary of State’s Business Forms page.
Now that you’ve got your hands on the form, use a PDF editor (like Adobe Acrobat) or black/blue ink to fill it out with the following information:
- Your name
- The LLC name
- The name, title, and address of the individual to whom you sent notice of your resignation
- Your signature
This filing has no fee, so you won’t need to include a payment when you submit it. Simply mail it to:
Business Registration Division
PO Box 29622,
Raleigh, NC 27626-0622
Live in Raleigh? Need some fresh air? You can also drop it off in person at 2 South Salisbury St., Raleigh, NC 27601
If you want to conserve paper and file online, that’s also an option. After you complete your Statement of Resignation, you can use the PDF Upload Portal to submit it. You’ll need to create an account if you don’t already have one.
Once submitted, the Secretary of State’s office will process your filing within 5-7 business days. But if you’re short on time, they offer two options for expedited processing: 24-hour service for $100 or same-day service for $200. Your resignation won’t take effect until 31 days after it’s processed – unless your LLC appoints a new agent sooner – so be aware that you might still receive service of process for up to a month after you resign.
Handing off Your Responsibilities
When you put down your registered agent responsibilities, someone else has to pick them up, or your LLC will lose its good standing with the state. Help your LLC keep its momentum by carefully planning your transition.
This starts with finding a successor who’s ready to take over right away. Even a small gap in registered agent coverage can result in severe penalties. No North Carolina business entity can go without a registered agent for more than 60 days, or else they will be administratively dissolved by the state. Businesses that have been dissolved are prohibited from doing business in the state until they have reconciled their outstanding filings and applied for reinstatement.
As a reminder, any replacement your LLC brings on must meet North Carolina’s registered agent requirements, so they must:
- Be an individual resident of North Carolina or a corporation authorized to do business in the state
- Have a physical North Carolina address (P.O. boxes aren’t allowed)
- Have a mailing address in North Carolina
- Be authorized to transact business in the state (if a foreign entity)
An LLC is allowed to appoint one of its individual members as the registered agent, but many times, outsourcing the duties to a professional service can save time and stress.
We recommend using a registered agent service, which can take over registered agent duties, freeing up more time for the LLC’s managers to focus on running the business.
You do a lot for your North Carolina LLC. You’re essentially the shield that protects it from fines, the filter that catches important documents, the conductor that keeps it on track with compliance.
Because you play such an important role, it’s crucial that you follow the resignation procedures exactly — and potentially provide a replacement agent for the business. Otherwise, you might find yourself and your LLC in hot water.
Follow this guide and you’ll be totally fine. Soon, you’ll be on to your next project, whether that’s starting a new business in North Carolina or something completely different.