Business Registration
We can refuse to incorporate a company if it’s clear the purpose is unlawful.
We return the filing to the person who submitted it with an explanation on why it was rejected and their appeal rights.
No. We can only administratively dissolve a company if the Secretary of State has identified one of the grounds for administrative dissolution, which is set forth by statute.
Nothing. But, you can go to law enforcement or the Attorney General and report the matter.
Yes, a North Carolina Superior Court Judge can judicially dissolve a business if the right conditions exist. The Attorney General, shareholder, or creditor can bring action in a court of law.
The Attorney General can sue to have a company judicially dissolved if:
- The business committed fraud to get its Articles of Formation
- The Attorney General has given written notice to the business to stop exceeding or abusing its authority and it doesn’t stop.
You should give this information to:
NC Department of Justice,
Consumer Protection: 1-877-5-NoScam (1-877-566-7226)
9001 Mail Service Center
Raleigh, NC 27699-9001
Phone: 919-716-6400
Fax: 919-716-6750
What you can do depends on different factors:
- What kind of illegal activities do you think the company is engaging in?
- Do you work for the company?
- Do you think they are just not following the law or that they are committing a crime?
There are many different kinds of business crimes and violations of rules and law. You may want to consult an attorney for advice. You may want to talk to local law enforcement. You can also call the Attorney General’s office:
NC Department of Justice,
Consumer Protection: 1-877-5-NoScam (1-877-566-7226)
9001 Mail Service Center
Raleigh, NC 27699-9001
Phone: 919-716-6400
Fax: 919-716-6750
No. This office can only tell you how long a company has been organized and if it is in good standing with the agency. For questions on legitimacy, you should contact the Attorney General’s Office, Consumer Protection Office.
The NC Business Registration Division receives, examines and retains certain legal documents by which corporations are created in this State or by which they are authorized to do business in North Carolina. We do not have the authority to get involved in internal corporate governance disputes or in disputes between business entities and their suppliers or customers. North Carolina law is basically set up to permit parties to such disputes to resolve them through amicable resolutions or through the judicial process, rather than to have a State agency intervene between two private parties.
To file a tip or complaint, use our PDF Complaint Form (PDF) and submit by fax (919-814-5408) or mail.
Include as much information as possible in your complaint. Send copies; do not include originals of any documents you submit with your complaint. Documents submitted will not be returned. We will look into all alleged violations, but we cannot represent an investor in a claim for monetary damages. Any action the Division takes is to bring any corporation, limited liability company, or partnership required to register with the NC Secretary of State’s Office into compliance.
Anonymous complaints may not be investigated as this makes it impossible for us to request additional information or clarification from you.
What We Can Do For You
- Evaluate your complaint and take administrative action if we determine that there has been a violation of the statutes or regulations that we administer
- Refer your complaint to the appropriate government agency if not within our legal authority
- Tell you whether a particular firm is registered in North Carolina as a registered business entity
- Compel companies to comply with all filing requirements administered by the Department of the Secretary of State
What We Cannot Do For You
- We cannot bring a lawsuit in your name to recover money you may have invested
- We cannot cancel or void a filing made at the NC Secretary of State’s Office
- We cannot settle internal disputes between officers or members of a business entity
- We cannot give you legal or financial advice, nor can we represent you as your attorney
- We do not enforce the business entity statutes in regard to the day-to-day operations of the company
NC and federal laws do permit you to bring a civil lawsuit to recover damages you have suffered because of someone’s violation of those laws. You should seek an attorney with knowledge of business law. If you need assistance in finding an attorney, the NCBA's Lawyer Referral Service can assist you.
You have a number of options. Here are some of them:
- File a complaint with our Charitable Solicitation Licensing Division. This is a good place to start if you think the nonprofit should have a license to ask for donations. Contact our Charitable Solicitation Licensing Division.
- File a complaint with us. We may not be able to help but if we can’t, we’ll refer it to the right agency.
-
Contact the Attorney General’s office. You can reach them at:
NC Department of Justice
Consumer Protection Division
9001 Mail Service Center
Raleigh, NC 27699-9001
1-877-5-NO-SCAM (1-877-566-7226)
919-716-6000
https://ncdoj.gov/protecting-consumers/ - Contact local law enforcement.
- File a complaint with the US Internal Revenue Service.
No, we can’t tell you if it’s legitimate. There are some things we can tell you:
We can tell you its status with our Business Registration Division. You can search for the nonprofit online on our website to check its status. If the status shows as “active”, it means that as far as we know, they’ve done everything they’re supposed to for our Business Registration Division. If the status doesn’t show as “active”, there may be an issue of some kind.
Our Charitable Solicitation Licensing Division can tell you if the nonprofit has a license with them. You can search the Charitable Solicitation Licensing database online through the Secretary of State’s Office. The website also has some resources that may help you.
No, we can’t help resolve an internal dispute about how a nonprofit runs or what it does. You may want to consult a community mediation service or an attorney for help.
What We Can Do For You
- Evaluate your complaint and take administrative action if we determine that there has been a violation of the statutes or regulations that we administer
- Refer your complaint to the appropriate government agency if not within our legal authority
- Tell you whether a particular firm is registered in North Carolina as a registered business entity
- Compel companies to comply with all filing requirements administered by the Department of the Secretary of State
What We Cannot Do For You
- We cannot bring a lawsuit in your name to recover money you may have invested
- We cannot cancel or void a filing made at the NC Secretary of State’s Office
- We cannot settle internal disputes between officers or members of a business entity
- We cannot give you legal or financial advice, nor can we represent you as your attorney
- We do not enforce the business entity statutes in regard to the day-to-day operations of the company
NC and federal laws do permit you to bring a civil lawsuit to recover damages you have suffered because of someone’s violation of those laws. You should seek an attorney with knowledge of business law. If you need assistance in finding an attorney, the NCBA's Lawyer Referral Service can assist you.