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NC General Statutes

N.C. Gen. Stat. § 1-79 (2026)

Domestic corporations, limited partnerships, limited liability companies, and registered limited liability partnerships

✓ current as of July 2026
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(a) For the purpose of suing and being sued the residence of a domestic corporation, limited partnership, limited liability company, or registered limited liability partnership is as follows:

(1) Where the registered or principal office of the corporation, limited partnership, limited liability company, or registered limited liability partnership is located, or

(2) Where the corporation, limited partnership, limited liability company, or registered limited liability partnership maintains a place of business, or

(3) If no registered or principal office is in existence, and no place of business is currently maintained or can reasonably be found, the term "residence" shall include any place where the corporation, limited partnership, limited liability company, or registered limited liability partnership is regularly engaged in carrying on business.

(b) For purposes of this section, the term "domestic" when applied to an entity means:

(1) An entity formed under the laws of this State, or

(2) An entity that (i) is formed under the laws of any jurisdiction other than this State, and (ii) maintains a registered office in this State pursuant to a certificate of authority from the Secretary of State. (1903, c. 806; Rev., s. 422; C.S., s. 466; 1951, c. 837, s. 5; 1957, c. 492; 1973, c. 885; 1975, c. 111; 1999-362, s. 1.)

 

Notes of Decisions
Cited in 26 cases (3 in the last 5 years), 1949–2025 · leading case: Stewart v. Se. Reg'l Med. Ctr., 543 S.E.2d 517 (N.C. Ct. App. 2001).
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Stewart v. Se. Reg'l Med. Ctr., 543 S.E.2d 517 (N.C. Ct. App. 2001). · cites it 8× “§ 1-82 provides that such actions must be tried *520 in the county in which the plaintiffs or the defendants, or any of them, reside at its commencement, or if none of the defendants reside in the State, then in the county in which the plaintiffs, or any of them, reside; and if…”
Wnc Holdings, LLC v. All. Bank & Trust Co., 2012 NCBC 50 (N.C. Bus. Ct. 2012). · cites it 9× “Alliance Mot. I 3; Ayscue Aff. 2.) {30} Plaintiffs respond by arguing that: (1) Defendants have impliedly waived venue by failing to press their motions; and (2) Alliance Bank has contacts with Mecklenburg County sufficient to establish proper venue under section 1-79(a).”
Crain & Denbo, Inc. v. Harris & Harris Const. Co., 108 S.E.2d 122 (N.C. 1959). · cites it 7× “G.S. 1-79, 1-82. The 'contention of the defendant must prevail.”
Caldwell v. Smith, 692 S.E.2d 483 (N.C. Ct. App. 2010). · cites it 2× “North Carolina venue is determined at the commencement of the action, as denoted by the filing of the complaint.”
Centura Bank v. Miller, 532 S.E.2d 246 (N.C. Ct. App. 2000). · cites it 4× “Section 1-79 of our General Statutes provides that for the purpose of litigation, the residence of a domestic corporation is as follows: (1) Where the registered or principal office of the corporation .”
Terry v. Cheesecake Factory Rests., Inc., 799 S.E.2d 415 (N.C. Ct. App. 2017). · cites it 6× “See N.C. Gen. Stat. § 1-79 (b) (2015) ("[T]he term 'domestic' when applied to an entity means: (1) An entity formed under the laws of this State, or (2) An entity that (i) is formed under the laws of any jurisdiction other than *220 this State, and (ii) maintains a registered…”
Barrier Geotechnical Contractors, Inc. v. Radford Quarries of Boone, Inc., 646 S.E.2d 840 (N.C. Ct. App. 2007). · cites it 2× “N.C. Gen.Stat. § 1-79(a)(1) (2005). As such, Mecklenburg County was a proper venue, and the trial court's denial of the motion to change venue was not error.”
Davis v. Hall, 733 S.E.2d 878 (N.C. Ct. App. 2012). · cites it 2× “N.C. Gen. Stat. § 1-79 (a)(1), (b)(1) (2011).”
Howle v. Twin States Express, Inc., 75 S.E.2d 732 (N.C. 1953). · cites it 2× “” G.S. 1-79. Roberson v. Lumber Co., 153 N.”
Jewel Box Stores Corp. v. Morrow, 158 S.E.2d 840 (N.C. 1968). “G.S. 1-79. A registered office may be, but need not be, the same as the corporation’s place of business.”
Wellons Constr., Inc. v. Landsouth Props., LLC, 607 S.E.2d 695 (N.C. Ct. App. 2005). · cites it 2× “N.C. Gen. Stat. § 1-79 (2003). Here, Wellons Construction, a domestic business, has its principal place of business in Harnett County.”
Wiggins v. Finch, 61 S.E.2d 72 (N.C. 1950). “Furthermore, the mere fact that G.S. 1-79 fixes the residence of a domestic corporation for the purpose of suing and being sued at its principal place of business, does not in any way limit the authority of the defendant Branch Banking & Trust Company from qualifying as an…”
Show all 26 citing cases →
— N.C. Gen. Stat. § 1-79(2) — 2 cases
Rose's Stores, Inc. v. Bradley Lumber Co., 411 S.E.2d 638 (N.C. Ct. App. 1992).
Travelers Indem. Co. v. Marshburn, 371 S.E.2d 310 (N.C. Ct. App. 1988).
— N.C. Gen. Stat. § 1-79(a) — 2 cases
Wnc Holdings, LLC v. All. Bank & Trust Co., 2012 NCBC 50 (N.C. Bus. Ct. 2012). “Alliance Mot. I 3; Ayscue Aff. 2.) {30} Plaintiffs respond by arguing that: (1) Defendants have impliedly waived venue by failing to press their motions; and (2) Alliance Bank has contacts with Mecklenburg County sufficient to establish proper venue under section 1-79(a).”
Lowrey v. Choice Hotels Int'l, Inc. (N.C. Ct. App. 2025).
— N.C. Gen. Stat. § 1-79(a)(1) — 3 cases
Barrier Geotechnical Contractors, Inc. v. Radford Quarries of Boone, Inc., 646 S.E.2d 840 (N.C. Ct. App. 2007). “N.C. Gen.Stat. § 1-79(a)(1) (2005). As such, Mecklenburg County was a proper venue, and the trial court's denial of the motion to change venue was not error.”
Wnc Holdings, LLC v. All. Bank & Trust Co., 2012 NCBC 50 (N.C. Bus. Ct. 2012). “Alliance Mot. I 3; Ayscue Aff. 2.) {30} Plaintiffs respond by arguing that: (1) Defendants have impliedly waived venue by failing to press their motions; and (2) Alliance Bank has contacts with Mecklenburg County sufficient to establish proper venue under section 1-79(a).”
Albright v. Vining-Sparks Secs., Inc., 2019 NCBC 80 (N.C. Bus. Ct. 2019).
— N.C. Gen. Stat. § 1-79(a)(3) — 2 cases
Wnc Holdings, LLC v. All. Bank & Trust Co., 2012 NCBC 50 (N.C. Bus. Ct. 2012). “Alliance Mot. I 3; Ayscue Aff. 2.) {30} Plaintiffs respond by arguing that: (1) Defendants have impliedly waived venue by failing to press their motions; and (2) Alliance Bank has contacts with Mecklenburg County sufficient to establish proper venue under section 1-79(a).”
Lowrey v. Choice Hotels Int'l, Inc. (N.C. Ct. App. 2025).
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