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Ask a Lawyer -- Corporations Question 45
Question:
I have my articles of incorporation with our old address. Is that something that I need to update?
Response: "I have my articles of incorporation with our old address." I'm not 100% certain what is meant by this phrase. North Carolina (assuming that is the state of incorporation we are referring to) has three spots on incorporation form where an address is given: Q. 4 and 5--address of initial registered office which is that of the initial registered agent, and Q. 7--corporation's principal office and Q. 9--address of each incorporator. If your registered agent has moved, then, yes, this information must be updated with the Secretary of State's office. This is not done by amending the articles of incorporation but, rather, by use of form BE-06. I'd email the NC Secretary of State's office, corporations division to make sure what form to use to change the address of the registered agent.
If your registered agent's office has stayed the same but the corporation's principal place of business has moved, I'm not sure what is required. It might be that all you need to do is amend this information in the next annual report. Again, best to email the NC Secretary of State's office from the above link to ask.
If the address of corporation's incorporator (Q. 9) has changed, I do not believe it is necessary to update that information.
Submitted: 12/20/2007; Elizabeth, NC
Response: 12/20/2007; JJR
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