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.
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How to File
Choose a Business Name
Select a unique name for your LLC that includes 'Limited Liability Company,' 'LLC,' or 'L.L.C.' and is distinguishable from other registered entities in North Dakota. Use the North Dakota Secretary of State's online business search tool to verify name availability before filing.
30 minutes
Designate a Registered Agent
Appoint a registered agent with a physical street address in North Dakota who is available during normal business hours to receive legal documents and official notices on behalf of your LLC. The registered agent can be an individual resident or a registered commercial agent service.
1-2 hours
File Articles of Organization
Submit your Articles of Organization to the North Dakota Secretary of State online through the FirstStop portal or by mail, along with the $135 filing fee. The form requires the LLC name, registered agent information, principal office address, and the names of organizers.
1 hour
Create an Operating Agreement
Although not legally required by North Dakota state law, drafting an operating agreement is strongly recommended to define member roles, ownership percentages, voting rights, profit distribution, and management structure. This internal document protects members and helps prevent disputes.
2-5 hours
What's Next After Filing
Once your LLC is officially formed, you'll want to complete these important steps:
- •Obtain an EIN from the IRS — Apply for a Federal Employer Identification Number (EIN) from the IRS online at no cost, which is required for opening a business bank account, hiring employees, and filing federal taxes. Single-member LLCs without employees may still benefit from obtaining an EIN.
- •Register for State Taxes and Licenses — Register with the North Dakota Office of State Tax Commissioner for any applicable state taxes, such as sales tax or employer withholding tax, and obtain any required business licenses or permits at the state, county, or city level depending on your industry and location.
- •File Annual Report — North Dakota LLCs must file an annual report with the Secretary of State by November 15 each year and pay the $50 annual report fee to maintain good standing. The report confirms or updates the LLC's registered agent, principal address, and member/manager information.
Advantages
- ✓No state franchise tax on LLCs, reducing the overall tax burden compared to many other states
- ✓Single-member LLCs are permitted, making it accessible for solo entrepreneurs seeking liability protection
- ✓Pass-through taxation by default avoids double taxation at both the entity and personal levels
- ✓Flexible management structure allows LLCs to be member-managed or manager-managed without complex formalities
- ✓Low annual report fee of only $50 helps keep ongoing compliance costs affordable
Considerations
- •The $135 base filing fee is relatively higher than some neighboring states, increasing initial formation costs
- •Annual report must be filed by a fixed November 15 deadline each year regardless of formation date, which can catch new owners off-guard
- •North Dakota's smaller market size and limited business ecosystem may present challenges for scaling certain types of businesses compared to larger states
Annual Obligations
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