Form a S-Corp in North Dakota
Everything you need to know about forming a S-Corp in North Dakota. Filing fees, requirements, timeline, and step-by-step guidance.
How to File
Choose Corporate Name
Select an available corporate name that includes 'Corporation,' 'Incorporated,' 'Company,' or approved abbreviations. Check availability through North Dakota Secretary of State name search.
30 minutes
Appoint Registered Agent
Designate a registered agent with a North Dakota address to receive legal documents and official correspondence on behalf of the corporation.
15 minutes
File Articles of Incorporation
Submit Articles of Incorporation to the North Dakota Secretary of State with required information including corporate name, registered agent, and share structure.
45 minutes
Obtain EIN
Apply for an Employer Identification Number (EIN) from the IRS for tax purposes and banking requirements.
20 minutes
What's Next After Filing
Once your S-Corp is officially formed, you'll want to complete these important steps:
- •Create Corporate Bylaws — Draft corporate bylaws outlining internal governance, officer roles, meeting procedures, and operational guidelines for the corporation.
- •Hold Organizational Meeting — Conduct initial board meeting to elect officers, adopt bylaws, authorize share issuance, and handle other organizational matters.
- •File Form 2553 — Submit IRS Form 2553 within 75 days of incorporation to elect S-Corporation tax status for pass-through taxation benefits.
Advantages
- ✓Pass-through taxation avoids double taxation
- ✓Limited liability protection for shareholders
- ✓Enhanced credibility with customers and vendors
- ✓Potential tax savings on self-employment taxes
Considerations
- •Strict IRS eligibility requirements and ongoing compliance
- •Limited to 100 shareholders with citizenship restrictions
- •Required payroll for owner-employees
- •More complex tax filings and record-keeping
Annual Obligations
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