Business Registration

There are 3 ways you can designate an agent for the service of process. You can:

1. File an NC Department of Revenue form, Form B-A-28 ;
2. Send us a letter, on company letterhead, designating the name and address of your NC Registered Agent; or
3. Use our Secretary of State form, BE-05 (form)

Form BE-05.

Designation of Registered Agent/Address

BE-05

$5.00

Statement of Change of Registered Agent/Address

BE-06

$5.00

Statement of Resignation of Registered Agent

BE-07

No Fee

Agent’s Statement of Change of Registered Address

BE-12

$5.00

Link to the Business Entity Forms.

• It is not incorporated
• It is a not-for-profit entity
• It has at least 2 members who agree to join together in an association for a common not-for-profit purpose

We can’t answer that question. We can tell you that the law doesn’t have a requirement to file a creation document with us. If your nonprofit association will do things like sign contracts or buy property, consider consulting an attorney.

If your unincorporated nonprofit association wants to transfer an estate or property, you can file a Statement of Authority. It’s a legal document that sort of puts the world on notice about your transfer. You file it with the Register of Deeds. You can file a Statement of Authority if your association is transferring:

• An estate,
• An interest in real property, or
• An interest in personal property

The law lists what you have to include in your Statement of Authority. You should talk with the Register of Deeds where you’ll transfer the property to get more information. You may also want to consult a lawyer.

No, you aren’t required to file anything with the Secretary of State’s office. If you want to, you can file a statement with us appointing someone to receive service of process for your association. “Process” means legal documents that have to be delivered in a way set out in North Carolina law.

You do not have to appoint a process agent. There may be good reasons to appoint a process agent. You may want to consult a lawyer to help you decide if you need to appoint a process agent and who it should be.

The process agent would have to do 2 things for your unincorporated nonprofit association:

• Receive legal notices and demands served on the association, and
• Forward the documents to the last known association address.

There are several steps you have to go through. You have to:

• Select someone to be the process agent. Make sure the agent agrees to serve and is located in North Carolina.
• Fill out our Form Number NA-01(PDF) for Unincorporated Nonprofit Associations.
• You have to get 2 signatures on the form:
  1. The person signing (executing) the appointment statement,
  2. The agent accepting the appointment.
• Submit the form to us along with a payment of $5.00

The law says that the 1st signature has to be someone who is authorized to manage the association’s affairs.

If you want to change your agent, you’ll need to file either an amendment (PDF) or a cancellation (PDF) form and pay a $5.00 fee.

If your agent wants to resign, there are 2 steps:

• File a resignation form (PDF) with us.
• Give your association written notice at its last known address.

Statement appointing an agent to receive service of process

NA-01(PDF)

$5

Amendment of statement appointing an agent

NA-02(PDF)

$5

Cancellation of statement appointing an agent

NA-03(PDF)

$5

Agent’s statement of resignation

NA-04(PDF)

No Fee

Corporations cover letter (PDF)

A cover letter can be found here (PDF).

We don’t decide that. The IRS decides if you can qualify as a 501(c)(3) charity. The IRS website has a lot of information about who has to apply for that designation and how to apply. It also tells you the rules you have to follow if you become a 501(c)(3) charity. IRS Filing Information For Charities & Non-Profits.