How to Start an LLC in North Dakota
The basic steps to start an LLC in North Dakota are: create a unique business name, choose a registered agent, and file the Articles of Organization with the North Dakota Secretary of State. To really get your business off to a good start, there are a few more actions you’ll need to take.
Step 1: Name Your North Dakota LLC
Choosing a great name for your North Dakota LLC is one of the first steps to forming your business. You’ll need to find one that is unique in the state before your Articles of Organization can be approved. Below are some rules and considerations for choosing a business name:
What are North Dakota’s business name requirements?
- The North Dakota Secretary of State has a few rules for naming your LLC. Your LLC name must use English characters end with an entity identifier (LLC, L.L.C., Ltd. Liability Co., etc.). It must also be a unique name and avoid being deceptively similar to a business name already in use.
Is the name unique in the state?
- To make sure your LLC name is unique in North Dakota, check its availability on the ND Business Search site.
Are others using the name online?
- Once you know your business name is available in the state, check to see if anyone is using it online as a domain name or social media handle. This way, you can create a unified business presence using the same or similar names across different media and advertising outlets.
- When you hire Registered Agents Inc to form your LLC in North Dakota, we can register your domain name, set up your business website, and more in minutes.
Can you register the name as a trademark?
- Trademarking your LLC name at the Federal level helps protect its uniqueness nationwide. When we form your LLC, you can also hire us to register a trademark. Our in-house trademark attorneys perform clearance searches and provide recommendations if they find obstacles to its registration.
Step 2: Choose a North Dakota Registered Agent
LLCs are required to appoint and maintain a North Dakota registered agent to accept legal mail on the business’s behalf. There are two types of ND registered agent: commercial and noncommercial.
- Commercial registered agent: can be an individual or another business that has officially registered with the state as a commercial agent. This means they represent many businesses and have a verified North Dakota address on file with the state.
- Noncommercial registered agent: can be an individual that resides in North Dakota, or an entity authorized to do business in the state. Both must have a North Dakota physical address you can place on your business paperwork.
Step 3: File North Dakota Articles of Organization
To officially form your LLC with the state, you’ll need to file the Articles of Organization online using their FirstStop business registration site. The state LLC fee is $135 and the application will require the following information:
1
Business name
Your LLC name must end with an entity identifier (Limited Liability Company, LLC, L.L.C., etc.).
2
Principal office address
This must be a street address but does not need to be a North Dakota address. You can include a PO Box mailing address only if you also list a physical address.
3
Registered agent information
Enter the name only if you hired a North Dakota commercial agent. Enter the name and physical North Dakota address if you hired a noncommercial agent.
4
Effective date
Choose “upon filing” or enter a specific date you wish the LLC to become active.
5
Existence of LLC
Enter “perpetual” if you want your LLC to stay active indefinitely, or enter a specific date you want your LLC to be terminated by the state.
6
Statement of purpose
Enter a specific business purpose, or leave blank if you have not yet narrowed down what your LLC will be doing or selling.
7
Other provisions (optional)
If you have other clauses or provisions you wish to declare, enter them here.
8
Organizer(s) name & address
An organizer is a person who is authorized by the business to complete and submit this LLC application. They can be LLC members, managers, or a hired filing service.
9
Contact information
Enter the name, email address, and phone number of who the state should contact if they have questions about this application.
How long does it take for an LLC to be approved in North Dakota?
North Dakota LLC approval can take around 5 business days if filed online. Mailed-in filings can take up to two weeks.
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Step 4: Set Up Business Operations
Now that your North Dakota LLC is formed with the state, it’s time to complete these other important steps to give your new company the best start.
Create an operating agreement.
An operating agreement establishes the ground rules for running your company. It defines ownership percentages, how to add new members, and outlines member responsibilities. Without an operating agreement, your LLC could run into legal trouble if any disputes arise.
Get an EIN.
An Employer Identification Number (EIN) acts like your LLC’s social security number. Banks like to see that you have one when opening a business bank account, and you’ll need one if you hire any employees.
Manage your company’s money.
You will need to keep your personal and business income separate to maintain your LLCs limited liability protections. Opening a separate business bank account is one of the most important steps in that process.
Obtain licenses and permits.
Your North Dakota LLC may need to apply for more permits and/or licenses, depending on the nature and location of your business. Check out the North Dakota New Business Registration website for more licensing information.
Step 5: File BOI Report
The Beneficial Ownership Information (BOI) Report is a federal filing that asks for information about your company and its owners. Most LLCs are required to submit this filing soon after their formation date.
This report requires information about the LLC owners, anyone who has substantial control over the company, and/or who own at least 25% of the business.
All BOI Reports are submitted to FinCEN with specific deadlines according to the LLCs formation year. LLCs formed in 2024 have 90 days from registration to file. LLCs formed in 2025 or later will have just 30 days to file.
When you hire us to form your North Dakota LLC, you can add the BOI filing to the order.
Frequently Asked Questions
What is needed to start an LLC in North Dakota?
To start an LLC in North Dakota, you’ll need to create an account with the state using FirstStop. You’ll also need a North Dakota registered agent, a unique business name, and $135 to file the Articles of Organization online.
How much does it cost to start an LLC in North Dakota?
The state filing fee for a North Dakota LLC is $135.
Do LLCs pay taxes in North Dakota?
North Dakota LLCs do not pay direct state taxes. Instead, members/owners pay individual income taxes on any profits or losses incurred. Contact the North Dakota State Tax Commission for more information.
When is the North Dakota Annual Report due?
North Dakota LLC Annual Reports are due by November 15th each year. Your first report will be due the year following your formation year. So, if you formed your LLC on October 3rd, 2023, your first annual report would not be due until November 15th, 2024. The annual report fee is $50.
How do I contact the North Dakota Secretary of State?
If you have questions about state filings or business in general, here’s how you can contact the North Dakota Secretary of State:
Phone: 701-328-4284
Fax: 701-328-2992
Email: [email protected]
Physical & Mailing address:
600 E Boulevard Ave Dept 108, 1st Floor
Bismarck ND 58505-0500