(a) Each domestic corporation, nonprofit corporation, limited liability company, limited partnership, and limited liability partnership, each foreign limited liability partnership maintaining a statement of foreign registration, and each foreign corporation, nonprofit corporation, limited liability company, and limited partnership authorized to transact business or conduct affairs in this State must continuously maintain in this State:
(1) A registered office that may be the same as any of its places of business or any place where it conducts affairs; and
(2) A registered agent, who must be:
a. An individual who resides in this State and whose business office is identical with the registered office;
b. A domestic corporation, nonprofit corporation, or limited liability company whose business office is identical with the registered office; or
c. A foreign corporation, foreign nonprofit corporation, or foreign limited liability company authorized to transact business or conduct affairs in this State whose business office is identical with the registered office.
(b) The sole duty of the registered agent to the entity is to forward to the entity at its last known address any notice, process, or demand that is served on the registered agent. (1901, c. 5; Rev., s. 1243; C.S., s. 1137; 1937, c. 133, ss. 1-3; G.S., ss. 55-38, 55-39; 1955, c. 1371, s. 1; 1957, c. 979, s. 17; 1989, c. 265, s. 1; 2000-140, s. 101(a); 2001-358, ss. 44, 45; 2001-387, ss. 173, 175(a); 2001-413, s. 6.)
Notes of Decisions
Smith ex rel. Strickland v. Jones, 645 S.E.2d 198 (N.C. Ct. App. 2007).
· cites it 7× “Boya, and the registered office was 949 Smith Road, Smithfield, North Carolina 27577, as designated by defendant in the records of the Secretary of State in accordance with N.C. Gen.Stat. § 55D-30. Defendant designated 949 Smith Road as its registered address as recently as…”
Builders Mut. Ins. Co. v. Doug Besaw Enters., Inc., 775 S.E.2d 681 (N.C. Ct. App. 2015).
· cites it 5× “Despite this language, N.C.G.S. § 55D-30 et al. makes clear that a corporation must maintain a registered office and agent in North Carolina, and that "[i]f service is not perfected on the corporation at its registered office," service may be accomplished through other means.”
Rose v. Forester, 688 S.E.2d 118 (N.C. Ct. App. 2009).
· cites it 8× “." N.C. Gen. Stat. § 55D-33(a). "The sole duty of the registered agent to the [corporation] is to forward to the [corporation] at its last known address any notice, process, or demand that is served on the registered agent.”
Challenger Indus., Inc. v. 3-1, Inc., 568 S.E.2d 274 (N.C. Ct. App. 2002).
· cites it 5× “Pursuant to N.C. Gen. Stat. § 55D-30(b), “[t]he sole duty of the registered agent to the entity is to forward to the entity at its last known address any notice, process, or demand that is served on the registered agent.”
Petty v. Morris, 2014 NCBC 66 (N.C. Bus. Ct. 2014).
· cites it 5× “N.C. Gen. Stat. § 55D-30 (2014). “The sole duty of the registered agent to the [LLC] is to forward to the [LLC] at its last known address any notice, process, or demand that is served on the registered agent.”
Stross v. Tiny House Listings LLC (E.D.N.C. 2022).
· cites it 2× “North Carolina law requires certain entities, like corporations and limited liability companies, to continuously maintain in the state a registered agent whose “sole duty .”
Espin v. Citibank, N.A. (E.D.N.C. 2023).
· cites it 2× “Citibank does not dispute that it is registered to conduct business in North Carolina and that it has appointed a process agent in accordance with N.C. Gen. Stat. § 55D-30(a)(2). Service on a registered agent constitutes effective service.”
— N.C. Gen. Stat. § 55D-30(a)(2) — 3 cases
Espin v. Citibank, N.A. (E.D.N.C. 2023).
“Citibank does not dispute that it is registered to conduct business in North Carolina and that it has appointed a process agent in accordance with N.C. Gen. Stat. § 55D-30(a)(2). Service on a registered agent constitutes effective service.”
Rose v. Forester, 688 S.E.2d 118 (N.C. Ct. App. 2009).
“." N.C. Gen. Stat. § 55D-33(a). "The sole duty of the registered agent to the [corporation] is to forward to the [corporation] at its last known address any notice, process, or demand that is served on the registered agent.”
— N.C. Gen. Stat. § 55D-30(b) — 3 cases
Challenger Indus., Inc. v. 3-1, Inc., 568 S.E.2d 274 (N.C. Ct. App. 2002).
“Pursuant to N.C. Gen. Stat. § 55D-30(b), “[t]he sole duty of the registered agent to the entity is to forward to the entity at its last known address any notice, process, or demand that is served on the registered agent.”
Rose v. Forester, 688 S.E.2d 118 (N.C. Ct. App. 2009).
“." N.C. Gen. Stat. § 55D-33(a). "The sole duty of the registered agent to the [corporation] is to forward to the [corporation] at its last known address any notice, process, or demand that is served on the registered agent.”
Petty v. Morris, 2014 NCBC 66 (N.C. Bus. Ct. 2014).
“N.C. Gen. Stat. § 55D-30 (2014). “The sole duty of the registered agent to the [LLC] is to forward to the [LLC] at its last known address any notice, process, or demand that is served on the registered agent.”
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