How to Set Up an LLC in North Dakota

We’ve put together a free step-by-step guide on how to set up an LLC in North Dakota. We want you to have a clear idea of how to set up and manage an LLC for your state. We’ve tried to make sure you have the information you need right at your fingertips. Each step has instructions and links to the sites for you to fill out the forms in the correct order. So, let’s set up your North Dakota LLC right now! 

A few points to remember before setting up your LLC in North Dakota 

When you set up an LLC in North Dakota, you’ll need a few things before you get started. This section will help you get your checklist in order.

A Unique Business Name 

Every business in the state must be unique. You’ll need to search for a North Dakota LLC name. Go to North Dakota Business Search to make sure yours is not taken. 

An LLC Designator 

You must have an LLC designator in your name in one of the following formats. 

• LLC (most common) 
• L.L.C. 
• Limited Liability Company 

Now that you have your unique business name, it’s time to register it with the state of North Dakota. Let’s get down to business. 

A Registered Agent 

In most states, a registered agent is a person or a company that accepts “Service of Process” for your North Dakota LLC. A registered agent will receive any subpoenas, notices, and other legal, and tax documents sent to your business by the North Dakota Office of the State Tax Commissioner. 

If you’re opening a business in North Dakota but you aren’t a resident, you’ll need to get a registered agent in that state.  The requirements for a registered agent are as follows: 

An Individual: 

• Must be 18 and be a resident of the state 
• Must be authorized to do business in the state. 
• Must have a physical street address located in North Dakota 

A Company 

• Must be authorized to do business in the state 

If you meet the above criteria, you can be your own registered agent. Or you can set up a friend or family member to be your registered agent. 

You can also hire a commercial Registered Agent. A company that provides their name and address to receive legal documents from the state. 

Step 1: Register Your Business Name 

To set up an LLC in North Dakota you need to reserve your business name.  This way during the process no one can steal the name of your company. 

You’ll need to reserve your name online at the North Dakota: FirstStop. Or you can fill out the Name Reservation form and send it by mail to the Secretary of State.  

Your reservation will be up to 12 months and the filing fee is $10. 

Step 2: File Your Articles of Organization in North Dakota 

Setting up an LLC in North Dakota is easy, especially for single-member LLCs. Just go and sign up to North Dakota: FirstStop.  

You can just directly file the Articles of Organization even without a reservation.  Easy peasy. 

The state no longer accepts and has slowly phased out the old filing methods: mail, fax, and walk-in methods. 

Fees: In North Dakota, the cost of setting up your LLC and filing the Articles of Organization is $135. It takes 2 to 3 weeks for your LLC to be approved. 

Step 3: Complete Your North Dakota LLC Operating Agreement 

An operating agreement is a key document used by LLCs and partnerships. It outlines the business’ financial and functional decisions including rules, regulations, and provisions. This describes how your LLC will operate internally. For more information on operating agreements, you can check out the Small Business Administration’s article on basic operating agreements. 

Step 4: Get Your Federal Tax ID Number (EIN) 

Once your North Dakota LLC has been approved it’s time to get your Federal Tax ID Number from the IRS.   

Your EIN is the social security number of your business.  Keep it well protected.  You’ll use this number to open bank accounts, file tax documents, apply for loans and many other uses.  It also protects your social security number when doing business with other businesses like merchant accounts, 1099s received etc. 

To apply for your EIN you can go to IRS EIN/Tax ID Application.  Make sure you pick the correct Business Entity Type.   

Step 5: File Your North Dakota LLC Annual Report 

Your North Dakota LLC is required to file an annual report to keep your business information up-to-date with the state. To file the annual report, go to North Dakota: FirstStop. 

If you want to file by mail, print out the form from the FirstStop and send it to the Secretary of State. Enclosed in your mail are the cover letter for the annual report, the annual report, and the $50 cheque for payment. 

The filing fee is $50 and is due on or before November 15th of each year. Late filing will result in a $50 penalty. If you fail to file after 6 months, the state will revoke your LLC business registration. 

Taxes, Permits, and Licensing in North Dakota 

To do business in North Dakota you will need to file tax returns, and hold permits and licenses in your county or city. 

North Dakota LLC must apply for the necessary business licenses and or permits.  This depends a lot on the type of business and the location of your business. 

Aside from business licenses and permits, all LLCs must also pay appropriate taxes and meet obligations with the North Dakota Office of the State Tax Commissioner. 

Putting it All Together

Now that you can set up an LLC in North Dakota online it shouldn’t take more than an hour or two to get up and running.  The North Dakota Secretary of State’s website is very easy to navigate and following the five steps above will help you get your talents and ideas to market faster.