Form a Nonprofit in North Dakota
Forming a Nonprofit in North Dakota costs $40 in state filing fees and typically takes 5-7 business days to process. After that, plan for a $10 annual report fee.
Last verified August 2026 against official North Dakota sources · see sources
Want this turned into your personalized Nonprofit roadmap for North Dakota?
See it free, no account needed. Save it later to track every step, deadline, and what comes after forming a Nonprofit.
How to File
Choose a Name for Your Nonprofit
Select a unique name that complies with North Dakota naming rules and includes a designator such as 'Corporation,' 'Incorporated,' 'Inc.,' or 'Corp.' Use the North Dakota Secretary of State's business name search tool to confirm the name is available before filing.
30 minutes
Appoint a Registered Agent
Designate a registered agent with a physical street address in North Dakota who is available during normal business hours to receive legal and official documents. The registered agent can be an individual resident or a registered commercial agent service operating in the state.
1-2 hours
Select Your Board of Directors
Recruit at least three directors to serve on your nonprofit's initial board, as North Dakota law requires a minimum of three directors for nonprofit corporations. Directors must be at least 18 years of age and do not need to be North Dakota residents.
1-2 weeks
Draft and File Articles of Incorporation
Prepare and file Articles of Incorporation with the North Dakota Secretary of State, including the nonprofit's name, registered agent information, purpose, and incorporator details. File online via the Secretary of State's FirstStop portal or by mail with the $40 filing fee.
1-2 hours
What's Next After Filing
Once your Nonprofit is officially formed, you'll want to complete these important steps:
- •Draft Bylaws — Create bylaws that govern your nonprofit's internal operations, including board meeting procedures, officer roles, voting rights, and conflict-of-interest policies. While bylaws are not filed with the state, they are required for IRS tax-exempt status applications and are essential for organizational governance.
- •Obtain an EIN and Apply for Federal Tax Exemption — Apply for a federal Employer Identification Number (EIN) from the IRS at no cost, then file IRS Form 1023 or 1023-EZ to apply for 501(c)(3) tax-exempt status if applicable. The IRS filing fee is $600 for Form 1023 or $275 for Form 1023-EZ depending on your organization's size.
- •Register for State Charitable Solicitation (If Applicable) — If your nonprofit plans to solicit donations from the public in North Dakota, register with the North Dakota Secretary of State's Charitable Organizations program and comply with any annual renewal requirements. Some exemptions apply for small organizations or those that do not use paid solicitors.
Fees and Processing Time
- State filing fee:
- $40
- Standard processing:
- 5-7 business days
North Dakota charges a $40 filing fee for Articles of Incorporation for a nonprofit corporation. There is no expedited processing option available through the Secretary of State's office. Additional fees may apply for certified copies or certificates of good standing.
Nonprofit in North Dakota: Quick Answers
How much does it cost to form a Nonprofit in North Dakota?
The state filing fee is $40. Optional costs such as a paid registered agent are on top of that.
How long does it take to form a Nonprofit in North Dakota?
Standard processing is 5-7 business days.
Does a Nonprofit in North Dakota need a registered agent?
Yes. You must name a registered agent with a physical North Dakota address. You can serve as your own agent if you have a North Dakota street address and are available during business hours.
Does North Dakota require a Nonprofit to publish a notice?
No. North Dakota has no newspaper publication requirement for this entity type.
What are the annual fees and filings for a Nonprofit in North Dakota?
The annual report fee is $10. Due: August 1. See Annual Obligations below for other required filings.
Advantages
- ✓Eligible for federal 501(c)(3) tax-exempt status, exempting the organization from federal and state income taxes on qualifying activities
- ✓Donations to 501(c)(3) nonprofits are tax-deductible for donors, making fundraising easier and more attractive to contributors
- ✓North Dakota has a low annual report fee of only $10 and a relatively low $40 incorporation filing fee, keeping startup and maintenance costs minimal
- ✓Eligible for grant funding from government agencies, foundations, and corporations that restrict grants to recognized nonprofit organizations
- ✓Limited liability protection for directors, officers, and members from the organization's debts and legal obligations
Considerations
- •No private inurement allowed — profits cannot be distributed to founders, directors, or members, limiting personal financial benefit from the organization's success
- •Significant administrative burden including IRS Form 1023 preparation, annual IRS Form 990 filings, state annual reports, and charitable solicitation registration compliance
- •Obtaining and maintaining 501(c)(3) status requires ongoing compliance with IRS regulations, restrictions on political activity, and detailed financial record-keeping that can be costly and time-consuming
Annual Obligations
How a Nonprofit Compares in North Dakota
Nonprofit vs. LLC
Unlike an LLC, a nonprofit corporation cannot distribute profits to owners or members and must operate for a public or charitable purpose; however, nonprofits can qualify for tax-exempt status and receive tax-deductible donations, which LLCs cannot.
Nonprofit vs. Corporation
A for-profit corporation exists to generate profit for shareholders and pays corporate income taxes, while a nonprofit corporation is organized for a public benefit purpose, cannot distribute earnings to individuals, and may qualify for federal and state tax exemptions.
Nonprofit vs. S-Corp
An S-Corp is a tax election that allows a for-profit corporation to pass income through to shareholders' personal returns, whereas a nonprofit does not have shareholders, cannot distribute profits, and seeks tax-exempt status rather than pass-through taxation.
Nonprofit vs. Partnership
A partnership is a for-profit entity where two or more partners share profits and liabilities, while a nonprofit corporation is governed by a board of directors, has no owners or profit-sharing, and must use its resources exclusively for its stated charitable or public purpose.
Sources
Fees, steps and deadlines on this page come from North Dakota's official filing office and tax agency pages listed below and were last verified in August 2026. Fees change — confirm on the official site before you file.
What OpenChamber Does
We don't file paperwork for you — we guide you through doing it yourself, which saves money and helps you understand your business from day one.
Personalized Checklist
Every task you need, organized by priority and tailored to North Dakota.
Vetted Professionals
When you need help, we connect you with professionals we trust.
Progress Tracking
Never lose track of where you are or what's next.
Track Your Progress
Get a personalized checklist for forming your Nonprofit in North Dakota — and everything that comes after.
Get Your Free Checklist