LLC in ND: If you want to form a North Dakota LLC online or by mail, you need to submit the Articles of Organization with the North Dakota Secretary of State for $135. For details, follow the 7 steps given in this article.
An LLC in North Dakota basically links an organization’s limited liability with the pliability and shortage of formalities. All these are offered by any sole proprietorship or an association.
We would recommend setting up an LLC in ND for any entrepreneur whose objective is to restrict liability for professional lawsuits and debts.
Not from North Dakota? Learn to form an LLC in any other State.
Tip of the Day: North Dakota LLC formation by yourself is mostly hectic and time taking. Hiring a reliable LLC formation service is not only a good choice, but saves you from overspending. Therefore we recommend you to:
Introduction:
Now, what is an LLC? A Limited Liability Company (LLC) unites the best of partnerships, sole ownerships, and corporations into one organizational entity providing full protection to liabilities, tax incentives or flexible business structures, etc.
It only costs almost 135 USD to initiate an LLC in North Dakota.
All you’ve to do is to submit a certificate of your new business with the State Minister.An entrepreneur can either apply online, drop a mail, or visit the office in person to build a new LLC.
In this article, we will explain the LLC formation method in North Dakota. So let’s get started!
Outlining the LLC Formation Process
(7 Steps)
- Pick a Name for Your North Dakota LLC
- Find a Registered Agent for Your LLC
- Submit the Articles of Organization
- Establish an LLC Operating Agreement
- Follow the Tax and Other Administrative Requirements
- Fulfill Your State Tax Commitments
- Submit Annual Reports
Next, we are going to discuss the steps one by one to make to clear for all of the viewers and new entrepreneurs.
#1: Pick an LLC Name
The first and foremost part of building an LLC in ND is to pick up the right company name. Try to select a name that corresponds to North Dakota standards and is conveniently accessed by prospective customers.
What Instructions Should Be Followed While Naming an LLC?
- Every business owner should include “Limited Liability Company” to his new company or the abbreviation of it, LLC.
- Avoid using the words that can mystify your LLC name with the government agencies, such as State Organizations, Treasury, FBI, etc.
- Make sure to choose a unique name from other corporations, North Dakota LLCs, or limited liability parties.
- If you want to fit in a few confined words like an attorney, bank, university, etc., it might demand hiring a licensed lawyer or doctor for additional documentation.
The next step is to verify access to your chosen name in North Dakota. Make sure if the name is still available or utilized by another entity.
You can visit North Dakota’s official state website to check on Business Registry Search. Furthermore, one can also generate a name through an LLC Name Generator online.
#2: Find a Registered Agent
Another vital step is to find a reliable Registered Agent to form an LLC in ND.
There are some limitations when choosing a registered agent in North Dakota. The person should be a North Dakota inhabitant who would be able to perform your business tasks from within the state.
You may also nominate yourself for the official documentation, but we personally recommend going for ZenBusiness. Besides offering a free first year of their registered agent services, the company will form your North Dakota LLC only for $49 plus the state filing fee.
#3 File an Articles of Organization
During the formation of an LLC in ND, it’s crucial to submit your articles of organization linked with the Secretary of its State. A general article should cover up the following:
- Name and web address of your LLC’s planner
- The official name and address of North Dakota LLC
- Details of your LLCs registered entity
- Details of your company members
- The official LLCs emails
- Entrepreneur’s signature
DIY Cost of Forming an LLC in North Dakota ($135)
The main LLC formation cost through the DIY route is the state filing fee of your Certificates of Organization. Currently, the state of North Dakota charges you $135 for filing your LLC and it may be subjected to revision by the state. The filing fee of articles of organization is the same, regardless you submit online or through the mail.
#4: Establish an LLC Operating Agreement
An LLC operating agreement is constitutional paperwork that sketches the rules and regulations for a new company and also outlines the entrepreneur’s operating procedures to form a new LLC in ND.
Although not necessary, creating an operating agreement will benefit a company for sure.
This legal agreement guarantees all entrepreneurs to remain on the same boat, which ultimately lessens further business clashes.
#5: Follow the Similar Tax and Other Administrative Requirements
A few extra taxes and other administrative requirements might implement to your new LLC that includes:
Employer Identification Number – It is just like a Social Security Number, so if your company has more than one employee, you can get this EIN by paying extra. This nine-digit code will check into your tax issues and assist you in creating a new bank account, hiring new staff, etc. One can submit an online form at the IRS website to get an EIN for his company.
Official Licenses – Sometimes, your new LLC in North Dakota might demand the official state licenses or other approvals, depending on the business type and its location. So, there are Economic Resource Units in North Dakota leading you to authorities to guarantee proper licensing, registration, or permissions within the state.
#6: Fulfill Your State Tax Commitments
After getting a North Dakota LLC, there are several responsibilities on a business entity that should be fulfilled. For instance, in a few cases, one has to check with the North Dakota Department of Revenue (NDDOR) for selling products or assembling sales tax, etc.
Moreiver, for your convenience, NDDOR has an online platform, so you can register yourself from there through Business Taxes Registration Application. For more information, you can review detailed LLC articles on our website.
#7: Responsibly Submit Annual Reports
All limited liability companies in North Dakota, after their creation, are obliged to submit their annual (or biennial) reports. For more details on how to file an annual report or state-specific fee, read our article on LLC annual (or biennial) report.
Due Date: In North Dakota, you need to submit your annual report with $50 as a processing fee due by November 15 every year.
Late Filings: In case you are unable to submit the required annual report before the due date, you need to pay a $100 late fee. Further failure to file an annual report may result in the dissolution of your LLC in North Dakota.
Additional Information on Forming an LLC in North Dakota
Register a Foreign LLC in North Dakota
Entrepreneurs often form an LLC in a state other than the state of their residence to have some tax benefits and reduce LLC formation cost. Moreover, some business owners have their LLC franchises in multiple states. In such cases, they register their LLCs or franchises as foreign LLC in all states where they operate their business.
If you have an LLC in any other state and wish to open a franchise in North Dakota or want to form an LLC in North Dakota while you are a non-North Dakota resident, you can form a foreign LLC online or apply via mail by downloading a foreign LLC application.
Mailing Address
Secretary of State,
State of North Dakota,
600 E Boulevard Ave Dept 108,
Bismarck, ND 58505.
North Dakota Foreign LLC Filing Fee: ($135 – nonrefundable)
Hiring Employees in North Dakota
To run your business in a compliant manner, you have to follow the State of North Dakota’s Instructions Related to Employees while hiring employees for your existing business or new LLC. Some of the major points are stated below;
- Verify the employment status of individuals, such as whether the potential employee is a US resident; if not then are they permitted to work in the US, are they of a certain age to work for that particular job, etc
- Report new hiring to the state
- File quarterly reports on wages and taxes
- Report job refusal
Acquire Relevant Business Licenses and Permits to Operate in North Dakota
To successfully operate your LLC in North Dakota, you must acquire permits and license to comply with federal, state, and local government regulations. For instance, to operate a pest control business, you need to acquire a license from the department of agriculture and fulfill the state’s certification requirement, etc
The requirements and fees for business licenses and permits vary from state to state. Work thoroughly on prerequisites and compliance-related information for your business before officially filing your LLC with the state. However, the following resources may help;
- Hire a reliable, professional service like ZenBusiness to do a license and permit search for you. Many LLC formation services do this as a part of their LLC formation packages.
- Visit the US Small Business Administration (SBA) guide for federal license and permit information.
- Government of North Dakota website’s New Business Registeration Licensing Information section helps you learn the state’s license requirements.
- Visit your local county clerk’s office and seek information about local licenses and permits.
Obtaining a Certificate of Good Standing in North Dakota ($20 – nonrefundable)
A Certificate of Good Standing, aka Certificate of Compliance in North Dakota, verifies that your LLC has been legally formed and is being operated and maintained in a compliant fashion. This document is needed for;
- Filing your business as a foreign LLC
- Seeking fundings and investments from banks or other people
- Acquiring or renewing relevant business licenses or permits
You can request the certificate of good standing from North Dakota’s Secretary of State’s official website by downloading the relevant form and sending it to:
Mailing Address
Business Division,
Secretary of State,
600 E. Boulevard Ave. Dept. 108,
Bismarck, ND 58505-0500.
You can also order your certificate of good standing via phone call. Here is the contact: (701) 328-4284 or (800) 352-0867 (Ext. 328-4284)
Dissolving Your LLC in North Dakota
In case you no longer wish to continue your LLC in North Dakota at any point in the future, you must officially dissolve it; otherwise, you may face tax liabilities, penalties, and legal troubles.
North Dakota LLC Dissolution Fee: ($20 – nonrefundable)
In North Dakota, you can dissolve your LLC by following 3 basic steps:
- Comply with your LLC operating agreement
- Close all business tax accounts
You can hire the best LLC services to make the LLC dissolution process seamless and easy for you. If you want to file yourself, follow the North Dakota LLC Dissolution guide.
Final Verdict
We hope this article has helped you in every aspect of forming an LLC in North Dakota. If you still have any questions or confusion, please ask in the comment section.
Frequently Asked Questions (FAQs)
1. How do I form an LLC in North Dakota?
Answer: To form an LLC in North Dakota, you need to file the Articles of Organization with the North Dakota Secretary of State and pay the required filing fee. Ensure you have a registered agent and a unique business name that complies with state guidelines.
2. How much does it cost to start an LLC in North Dakota?
Answer: The cost to start an LLC in North Dakota involves a filing fee for the Articles of Organization. These days, the filing fee to form an LLC in North Dakota is approximately $135. This fee can change, so it’s best to check the North Dakota Secretary of State’s website for the most up-to-date pricing.
3. Do I need a registered agent for my North Dakota LLC?
Answer: Yes, North Dakota law requires every LLC to have a registered agent with a physical address in the state. This agent will receive legal documents and official correspondence on behalf of your LLC.
4. How long does it take to establish an LLC in North Dakota?
Answer: Once you submit the Articles of Organization and they’re received by the North Dakota Secretary of State, it typically takes a few business days to a few weeks to process, depending on their workload and if expedited services are requested.
5. Is there an annual report requirement for LLCs in North Dakota?
Answer: Yes, North Dakota LLCs are required to file an annual report with the Secretary of State. This report helps keep the state informed of any changes in your LLC’s contact information or operations. Be sure to check due dates and associated fees to avoid penalties.
Alfie Wilson, Esq., is a legal content writer with expertise in business formation, criminal law, veterans disability, family law, DUI law, personal injury, animal welfare, and legal writing. He holds a J.D. from Emory University School of Law and has experience in appellate advocacy and regulatory matters. Alfie’s passion lies in breaking down complex legal topics for a non-lawyer audience. He currently writes for law firms and non-profits on various issues and resides in Arlington, Virginia.
