Form a LLC in North Dakota

Everything you need to know about forming a LLC in North Dakota. Filing fees, requirements, timeline, and step-by-step guidance.

$135
Filing Fee
5-10 business days
Processing Time
Required
Registered Agent

How to File

1

Choose LLC Name

Select a unique name ending with 'LLC' or 'Limited Liability Company' and check availability through North Dakota SOS. Reserve name if needed for $10.

30 minutes

2

Appoint Registered Agent

Designate a registered agent with North Dakota address to receive legal documents. Can be yourself, another person, or commercial service.

15 minutes

3

Prepare Articles of Organization

Complete the Certificate of Organization form with LLC name, registered agent details, management structure, and member information.

45 minutes

4

File with Secretary of State

Submit Certificate of Organization with $135 filing fee online, by mail, or in person to North Dakota Secretary of State.

20 minutes

What's Next After Filing

Once your LLC is officially formed, you'll want to complete these important steps:

  • Obtain EINApply for federal Employer Identification Number from IRS online for tax purposes and banking. Free directly from IRS.
  • Create Operating AgreementDraft operating agreement outlining ownership, management, and operational procedures. Not required but highly recommended for multi-member LLCs.
  • File Initial ReportSubmit initial report within 90 days of formation with $50 fee, providing current member and manager information.

Advantages

  • No state income tax for pass-through entities
  • Simple formation process with reasonable filing fees
  • Strong asset protection for members
  • Flexible management structure and operational requirements

Considerations

  • Annual report requirement with $50 fee
  • Must maintain registered agent in North Dakota
  • Limited case law compared to larger states

Annual Obligations

Annual Report Fee:$50
Report Due:November 15
Annual report due by November 15th each year. Initial report due within 90 days of formation.
Last verified: December 2025Source

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