Q: My HOA filed articles of incorporation with the NC Secretary of State in 1975.
We never acquired an employer id number (EIN) from the IRS. We have never filed a tax return. Are we a valid corporation? Are we a valid HOA? Can the NC SoS revoke our charter? What would that mean vis-a-vis the validity of the corporation?
The age of the HOA means that it does not fall under the 1999 North Carolina Planned Community Act.
Presuming you formed an LLC with your articles of incorporation, you were required to file an annual report and pay a fee each year. If you fail to file an annual report, the state can dissolve your LLC under § 57D-6-06. You can verify whether the LLC has been dissolved on the Secretary of State website. There is usually a process for re-instating your LLC that includes paying past-due fees and whatnot. Not sure if there is a time-limit for seeking re-instatement after so long if you haven't filed annual reports.
EINs aren't really required unless you are hiring someone or don't want to use your private social security number.
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