When Is a Change of Registered Agent Required in North Carolina?
Every business entity registered with the North Carolina Secretary of State must continuously maintain a registered agent and registered office within the state. Under the North Carolina General Statutes (N.C. Gen. Stat.) § 55D-30, this obligation applies to domestic and foreign corporations, nonprofit corporations, limited liability companies, limited partnerships, limited liability limited partnerships, and registered limited liability partnerships. Whenever an entity’s current registered agent information on record becomes inaccurate — or whenever the entity simply wishes to designate a different agent — it must deliver a statement of change to the Secretary of State for filing under N.C. Gen. Stat. § 55D-31. An entity that operates without a current registered agent or registered office for 60 days or more risks administrative dissolution or revocation of its authority to do business. Whether the change is voluntary — such as switching to a professional registered agent service — or compelled by circumstance — such as responding to an agent’s resignation — the filing obligation is the same, and a single standardized form covers all entity types.
The specific circumstances that trigger a filing include:
- The current registered agent resigns by filing a statement of resignation with the Secretary of State
- The current registered agent moves out of North Carolina or is no longer a state resident
- The registered agent’s physical address changes because of relocation, postal renaming, or another cause
- The registered agent is no longer available at the registered office during normal business hours
- The entity voluntarily selects a new registered agent or switches to a commercial registered agent service
- The agent no longer consents to serve
North Carolina does not distinguish between voluntary and involuntary changes. The entity files the same form regardless of the reason for the change.
Grounds for Changing Your Registered Agent in North Carolina
The most common reasons for filing a change of registered agent fall into a small number of recurring scenarios. The table below summarizes each ground and the filing it requires.
| Ground | Filing Required |
| Registered agent resigns | Entity files Form BE-06 to appoint a replacement agent |
| Agent relocates out of North Carolina | Entity files Form BE-06 to designate a new agent |
| Agent’s physical address changes (same agent continues) | Agent files Form BE-12, or entity files Form BE-06 |
| Entity switches to a professional registered agent service | Entity files Form BE-06 |
| Agent no longer available during business hours | Entity files Form BE-06 |
| Agent no longer consents to serve | Entity files Form BE-06 |
| Entity changes its registered office address | Entity files Form BE-06, or includes the change in its annual report (if eligible) |
Registered agent and registered office information is part of the public record maintained by the North Carolina Secretary of State. Any inaccurate or outdated information should be corrected promptly, because operating without a current registered agent or registered office for 60 days or more can trigger administrative dissolution or revocation proceedings.
North Carolina Registered Agent Change Requirements
Before filing a statement of change, the entity must confirm that its new registered agent and registered office satisfy the statutory eligibility requirements imposed by N.C. Gen. Stat. § 55D-30.
Option A — Organization: A domestic corporation, domestic nonprofit corporation, or domestic limited liability company whose business office is identical with the registered office. A foreign corporation, foreign nonprofit corporation, or foreign limited liability company authorized to transact business or conduct affairs in North Carolina whose business office is identical with the registered office also qualifies. The filing entity itself cannot serve as its own registered agent.
Option B — Individual: An individual who resides in North Carolina and whose business office is identical with the registered office.
Registered office address: The registered office must be a physical street address in North Carolina where the registered agent can receive service of process in person during normal business hours. According to the Secretary of State’s Registered Office and Registered Agent Information page, a registered mailing address may be a P.O. Box, but the registered office itself must be a physical location. The registered office address and the registered agent’s business office address must be identical.
Consent of the new registered agent: N.C. Gen. Stat. § 55D-31(a)(5) requires that when a new agent is designated, the statement of change must include “the name of the new registered agent and the new agent’s written consent (either on the statement or attached to it) to the appointment.” This consent must be obtained before the filing is submitted and is included directly on Form BE—06 or attached to it. The consent is filed with the Secretary of State as part of the statement of change.
Note: Signing a document known to be false in any material respect with the intent that it be delivered to the Secretary of State for filing is a Class 1 misdemeanor under N.C. Gen. Stat. § 55D-18.
Execution: The statement of change must be signed by an authorized officer, director, manager, company official, or general partner, depending on the entity type. The statement need not be notarized.
How to File a Statement of Change of Registered Office/Agent
The entity files Form BE-06 — Statement of Change of Registered Office and/or Registered Agent — with the North Carolina Secretary of State. The form is available on the Secretary of State’s Business Registration forms page in PDF format and can also be submitted through the Secretary of State’s online filing system.
The form requires the following information:
- Entity name and SOS ID number: The legal name of the entity exactly as it appears on the records of the Secretary of State, along with the entity’s Secretary of State identification number.
- Current registered agent and office: The name of the current registered agent and the street address, mailing address (if different), and county of the current registered office as they appear on file.
- New registered agent: If the registered agent is being changed, the name of the new registered agent — whether an individual or an eligible organization.
- New registered office address: If the registered office is being changed, the street address (and mailing address if different) and county of the new registered office.
- Identical address confirmation: A statement confirming that after the change, the registered office address and the registered agent’s business office address will be identical.
- Written consent: The new registered agent’s written consent to serve, either included on the form or attached to it.
- Signature: The form must be signed by an authorized person — an officer, director, manager, company official, or general partner, depending on the entity type.
Certain entity types may also change their registered agent or registered office by including the required information and the new agent’s written consent in their annual report. Under N.C. Gen. Stat. § 55D-31(с), domestic corporations, limited liability companies, limited liability limited partnerships, registered limited liability partnerships, foreign corporations, foreign limited liability companies, and foreign limited liability partnerships may use their annual report to make this change.
Note: Nonprofit corporations and domestic limited partnerships are not listed in § 55D-31(с) as entities eligible to change their registered agent through the annual report. These entity types must file Form BE-06 directly.
Filing Method: Online vs. Mail
Form BE-06 may be filed online through the Secretary of State’s filing portal, by mail, or in person at the Secretary of State’s office in Raleigh. The Secretary of State’s Online Business Services page provides access to the online filing system, which requires an account.
| Method | Details |
| Online | File through the Secretary of State’s online portal at sosnc.gov. Search for the entity, then select the BE-06 filing option. An account is required. |
| Send the completed form and filing fee to: North Carolina Secretary of State, Business Registration, Post Office Box 29622, Raleigh, North Carolina 27626-0622 | |
| In person | Deliver to: North Carolina Secretary of State, Business Registration, 2 South Salisbury Street, Raleigh, North Carolina 27601-2903 |
The Secretary of State publishes current processing turnaround times on the Business Registration page. As of the time of research, standard processing takes 15–20 business days, with online filings processed faster than paper submissions. Expedited filing is available under N.C. Gen. Stat. § 55D-11 for an additional $200.00 (same-business-day service for documents received by 12:00 noon) or $100.00 (within 24 hours, excluding weekends and holidays).
Registered Agent Change Filing Fees by Entity Type
The filing fee for Form BE-06 is $5.00 regardless of entity type. Each entity type’s governing statute establishes this fee independently, but the amount is uniform across all filing entities.
| Entity Type | Governing Fee Statute | Filing Fee |
| Domestic Business Corporation | N.C. Gen. Stat. § 55-1-22(a)(6) | $5.00 |
| Foreign Business Corporation | N.C. Gen. Stat. § 55-1-22(a)(6) | $5.00 |
| Domestic Nonprofit Corporation | N.C. Gen. Stat. § 55A-1-22(a)(6) | $5.00 |
| Foreign Nonprofit Corporation | N.C. Gen. Stat. § 55A-1-22(a)(6) | $5.00 |
| Domestic LLC / PLLC | N.C. Gen. Stat. § 57D-1-22(a)(6) | $5.00 |
| Foreign LLC / Foreign PLLC | N.C. Gen. Stat. § 57D-1-22(a)(6) | $5.00 |
| Domestic Limited Partnership / LLLP | N.C. Gen. Stat. § 59-1106(a)(9) | $5.00 |
| Foreign Limited Partnership | N.C. Gen. Stat. § 59-1106(a)(9) | $5.00 |
| Domestic Registered LLP | N.C. Gen. Stat. § 59-35.2(a)(5) | $5.00 |
| Foreign LLP | N.C. Gen. Stat. § 59-35.2(a)(5) | $5.00 |
Accepted payment methods include check (payable to “North Carolina Secretary of State”) and credit card for online filings. The agent’s statement of resignation (Form BE-07) carries no filing fee. Designating a registered agent when none is currently on record (Form BE-05) costs $5.00. Some entities may also use Form BE-17 to designate or change the registered office, registered agent, and principal office in a single filing for $10.00.
Effective Date of a Registered Agent Change in North Carolina
The effective date of a statement of change is governed by N.C. Gen. Stat. § 55D-13, which applies to all documents filed with the Secretary of State under the business entity statutes.
Immediate effect: By default, a document accepted for filing is effective “at the time of filing on the date it is filed, as evidenced by the Secretary of State’s date and time endorsement on the filed document.”
Delayed effective date: A document may specify a delayed effective time and date. If a delayed effective date is specified but no time, the document becomes effective at 11:59:59 P.M. on that date. A delayed effective date may not be later than the 90th day after the date the document is filed.
North Carolina does not provide a separate future-event-conditioned effectiveness option for statements of change. The two options are immediate effectiveness upon filing or a specified delayed date within the 90-day window.
Changing the Registered Agent Address Without Changing the Agent
When a registered agent changes the address of its own business office but continues to serve as agent for one or more entities, the agent may notify the Secretary of State directly by filing Form BE-12 — Agent’s Statement of Change of Registered Office Address — rather than requiring each represented entity to file an individual Form BE-06. N.C. Gen. Stat. § 55D-31(b) authorizes this process, provided the agent notifies each affected entity in writing of the change and recites that notification in the filed statement.
The following table compares the entity-filed change and the agent-initiated address change:
| Feature | Form BE-06 (Entity-Filed Change) | Form BE-12 (Agent-Initiated Address Change) |
| Filed by | The entity | The registered agent |
| Purpose | Change the registered agent, the registered office address, or both | Update the registered office address when the agent’s business office moves |
| Can appoint a new agent | Yes | No — the same agent continues to serve |
| Covers multiple entities | No — one filing per entity | Yes — a single filing can cover all entities for which the agent serves |
| Prior written notice to entity | Not required | Required — the agent must notify each entity in writing before filing |
| Signed by | Authorized officer, director, manager, company official, or general partner | The registered agent |
The filing fee for Form BE-12 is $5.00 per affected entity. Each entity type’s fee statute establishes this fee separately — for example, N.C. Gen. Stat. § 55-1-22(a)(7) for business corporations and N.C. Gen. Stat. § 57D-1-22(a)(7) for LLCs — but the per-entity amount is uniformly $5.00 across all entity types.
This form is especially practical for commercial registered agent services that represent a large number of entities and relocate their offices. Rather than coordinating separate filings for each client entity, the agent can file a single consolidated statement covering all affected entities, pay the per-entity fee, and satisfy the filing obligation for every represented entity at once.
What Happens After the Change Is Filed
Once the Secretary of State accepts a statement of change, several consequences follow:
- The entity’s registered agent and registered office records are updated in the Secretary of State’s Business Entity Search database.
- The Secretary of State returns a filed copy of the document to the person who submitted it.
- The new agent’s name and address become part of the entity’s public filing record and are searchable by any member of the public.
- The former registered agent’s authority to receive service of process on behalf of the entity terminates.
- Any process, notice, or demand served on the new registered agent at the registered office constitutes legal notice to the entity. Under N.C. Gen. Stat. § 55D-30(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.”
Changing a Registered Agent for a Foreign Entity Registered in North Carolina
A foreign entity authorized to transact business or conduct affairs in North Carolina is subject to the same registered agent and registered office requirements as a domestic filing entity. N.C. Gen. Stat. § 55D-30(a) applies its requirements to each foreign corporation, foreign nonprofit corporation, foreign limited liability company, and foreign limited partnership authorized to transact business or conduct affairs in the state, as well as each foreign limited liability partnership maintaining a statement of foreign registration.
A foreign entity changes its registered agent by filing the same Form BE-06 used by domestic entities. The same eligibility requirements, written consent requirements, physical street address requirements, execution requirements, filing methods, and $5.00 filing fee apply. Certain foreign entities — foreign corporations, foreign LLCs, and foreign LLPs — may also report a change through their annual report under N.C. Gen. Stat. § 55D-31(с).
If a foreign corporation fails to maintain a registered agent or registered office, or fails to notify the Secretary of State of a change within 60 days, the Secretary of State may commence proceedings under N.C. Gen. Stat. § 55-15-30 to revoke the foreign corporation’s certificate of authority. Under N.C. Gen. Stat. § 55-15-31, the Secretary of State must provide 60 days’ written notice and an opportunity to correct the deficiency before revocation becomes effective. Revocation of a foreign corporation’s certificate of authority does not terminate the authority of the registered agent, but it does appoint the Secretary of State as the foreign corporation’s agent for service of process in proceedings arising from business transacted in North Carolina.
Frequently Asked Questions About Changing a Registered Agent in North Carolina
How long does it take to change a registered agent in North Carolina?
The North Carolina Secretary of State does not publish a guaranteed processing time for individual filings. Current turnaround estimates are posted on the Business Registration page and, as of the time of research, standard processing takes 15–20 business days. Online filings are consistently processed faster than paper submissions. Expedited filing is available under N.C. Gen. Stat. § 55D-11 for $200.00 (same-day, documents received by noon) or $100.00 (24-hour turnaround, excluding weekends and holidays).
Do I need to notify my current registered agent before changing?
North Carolina law does not require an entity to notify its outgoing registered agent before filing Form BE-06 to designate a new agent. The change is effective upon filing and acceptance by the Secretary of State. Many entities choose to notify the outgoing agent as a courtesy. If the outgoing agent wishes to end the relationship independently, the agent may file a separate Form BE-07 — Statement of Resignation of Registered Agent at no cost.
Can I change my registered office address without changing the registered agent?
Yes. Form BE-06 permits an entity to change the registered office address, the registered agent, or both in a single filing. To change only the address, leave the registered agent designation unchanged and enter the new registered office address. Alternatively, if the same agent is simply moving to a new address, the agent may file Form BE-12 to update the address for all represented entities.
What is the agent-initiated address change form and when is it used?
Form BE-12 — Agent’s Statement of Change of Registered Office Address — is filed by the registered agent, not the entity, when the agent changes the address of its own business office while continuing to serve as agent. This form cannot appoint a different agent. Before filing, the agent must give prior written notice to each affected entity, as required by N.C. Gen. Stat. § 55D-31(b). The filing fee is $5.00 per affected entity.
Is there a penalty for not filing a change of registered agent?
North Carolina requires every filing entity to continuously maintain a current registered agent and registered office. If a domestic corporation is without a registered agent or registered office for 60 days or more, or fails to notify the Secretary of State of a change within 60 days, the Secretary of State may commence administrative dissolution proceedings under N.C. Gen. Stat. § 55-14-20. The same grounds apply to LLCs under N.C. Gen. Stat. § 57D-6-06. When the Secretary of State becomes the entity’s agent for service of process under N.C. Gen. Stat. § 55D-33, the entity risks default judgment if process is served and the entity does not respond.
Can I change my registered agent and the registered office address in the same filing?
Yes. Form BE-06 is designed to accommodate a change of agent, a change of registered office address, or both in a single filing. Only one $5.00 filing fee applies regardless of how many fields are updated on the form.
What happens if my registered agent resigns?
A registered agent may resign by filing Form BE-07 — Statement of Resignation of Registered Agent — with the Secretary of State. Under N.C. Gen. Stat. § 55D-32, the statement must include or be accompanied by a certification that the agent has mailed or delivered written notice of the resignation to the entity at its last known address. There is no filing fee for Form BE-07. After the statement is filed, the Secretary of State mails a copy to the entity at its principal office address on file. The agency appointment terminates on the 31st day after the date the statement was filed. The entity must file Form BE-06 to appoint a replacement agent before the 31-day period expires to avoid operating without a registered agent on record.
Does the new registered agent need to sign the change form?
The new registered agent does not sign Form BE-06 as the filer. The form is signed by the entity’s authorized officer, director, manager, company official, or general partner. However, the new agent’s written consent to serve must appear on the form or be attached to it, as required by N.C. Gen. Stat. § 55D-31(a)(5). By signing the statement, the entity’s authorized representative affirms that the named agent has consented to the appointment.
Can I use a P.O. Box for the new registered office address?
The registered office must be a physical street address in North Carolina where the registered agent maintains a business office and can receive service of process in person during normal business hours. The Secretary of State’s registered agent guidance permits a P.O. Box only as a registered mailing address, not as the registered office address itself. A mailbox-only service or telephone answering service does not satisfy the requirement.
Is the filing fee the same whether I file online or by mail?
Yes. The filing fee for Form BE-06 is $5.00 regardless of whether the entity files online, by mail, or in person. There is no separate surcharge for online filing. Online filings accept credit card payment; paper filings accept checks payable to the North Carolina Secretary of State.