Protecting the Corporate Form in North Carolina | Raleigh Law Firm

The North Carolina Court of Appeals recently issued a decision regarding piercing the corporate veil, which reiterated that under North Carolina’s “instrumentality rule” an owner of a corporation or limited liability company can be held liable for the debts of the company, even if he or she is found not to have engaged in any wrongdoing individually. In Estate of …

Corporate Board of Directors | Authority and Function sof the Board of Directors in Light of Duke Energy

Serving on a corporation’s Board of Directors can be rewarding to both the company and the individual serving.  It often provides an opportunity for the individual Director to provide wisdom, knowledge and valuable experience to the company in which it serves.  Serving on a corporation’s Board also brings responsibilities and duties. Authority of a Board of Director In North Carolina, …

Business and Succession Planning

Business planning is an important topic to business owners. Most business owners are focused on getting things done so that their businesses can make money. While it is this full steam ahead mentality and drive for success that makes entrepreneurs successful, going forward without a plan can cause problems. On occasion, we all need to slow down, write down some …

Business Planning: Establishing and Maintaining An Effective Corporate Entity

Setting up a new business venture seems simple enough, particularly with all of the information available online. Many believe once they file their LLC or corporation with the Secretary of State, their business is established and they are protected from personal liability. Unfortunately, that belief is not accurate. While technically the corporation or LLC exists upon filing, there are several …

Filing Annual Reports with the N.C. Secretary of States Office

The North Carolina Secretary of State’s Office recently mailed out “Notices of Grounds of Administrative Dissolution” to businesses which lacked one or more filed annual reports. As you are probably aware, business corporations and limited liability companies which are approved to conduct business in the State by the N.C. Secretary of State are required to file annual reports with the Secretary of State. Being delinquent on filing the annual reports is grounds for administrative dissolution. If a business is administratively dissolved, the business no longer has what is referred to as the “corporate shell” which could create personal liability for the owners, board of directors and officers of the business.

Corporate Annual Minutes Requirements of North Carolina Law Scam Alert

According to the law of North Carolina, business entities registered with the North Carolina Secretary  of State are not required to file corporate  minutes with the North Carolina Secretary of State’s Office. Recently, the North Carolina Secretary of State’s Office received questions about a mailing which businesses received  regarding “Annual Minutes Requirement  Statement”. This mailing was  a solicitation from a …