How To Set Up An LLC In North Dakota (2024 Guide)

Before you start your LLC, take the time to check on the name, determine a registered agent and confirm domain name availability. These will be necessities for your business.

Check Name Availability

Go to the North Dakota Secretary of State’s website to conduct a name search. A North Dakota business name can’t be the same as, or deceptively similar to, the name of another company registered with the state. This helps reduce customer confusion. Make adjustments to your name until you can sufficiently pass the name search.

Once your name is chosen, you can reserve it for up to a year by completing the Reserve Name Application for $10. The easiest way to do this is through the Secretary of State’s FirstStop business portal. You can also complete a paper form and mail it to the Secretary of State at:

State of North Dakota
600 E. Boulevard Ave.
Dept. 108
Bismarck, ND 58505-0500

Hire a Registered Agent

A registered agent is needed for your LLC. This person can be a North Dakota resident at least 18 years of age or a corporation or LLC that is registered to do business in North Dakota and has a business office in the state. The role of the registered agent is to accept legal documents such as lawsuits on behalf of the company. The registered agent can be a member of the company. If no one can be the registered agent, you can hire one. Hiring a registered agent service provider costs approximately $50 to $300 per year.

Register Your Domain Name

Your company’s name is important and will likely be reflected in the domain name that you choose for your website. Try to lock in the website domain name as soon as possible to ensure you have something that is easily spelled and remembered. Registering common domain names will likely cost you anywhere from 99 cents to $49.99. Premium domain names are more expensive. Registration is good for one year.

You will file Articles of Organization with the Secretary of State to register your LLC. This form is completed online through the North Dakota Secretary of State forms portal. It costs $135 to complete the application. Expect it to take up to four weeks to get the forms approved.

The online application will ask for the company name and address, registered agent details and purpose. It will also offer the option for the duration if appropriate, meaning the timeframe the company is valid for. A member of the LLC typically completes the form.

Once the Articles of Organization are complete and processed, you can begin to establish other documents and needs for the company.

Create an Operating Agreement

Even though an operating agreement is not required, it is wise to have one, especially if you are a multimember organization. The operating agreement lists how the company will be run, who the members are, their roles and their contributions to the company.

Even though it is not a legal requirement, an operating agreement is legally enforceable if a problem arises among members. It provides clarity and eliminates confusion.

Get an Employer Identification Number (EIN)

Once the Secretary of State formalizes the LLC, you will want to apply for an Employer Identification Number (EIN) with the Internal Revenue Service (IRS). This nine-digit tax identification number is usually necessary to open bank accounts and properly file tax forms. Single-member LLCs without employees can use the member’s Social Security number instead of an EIN, but you may want to get an EIN anyway to protect your personal information.

Annual LLC Filings

Be prepared to file an annual report for the LLC with the Secretary of State. This report reviews the company name, address, registered agents and member details. It costs $50 to file this form with the North Dakota Secretary of State. It is due on or by November 15 of each year. Complete the form in the online portal. While you can complete the filing online, some may elect to print and mail the form with payment to the Secretary of State.

You may find that there are errors in your articles of organization filing. This could be a spelling error, an address error or something similar. You can amend the report by completing an Amendment through the online portal. It costs $50 to file the form. It can take up to four weeks to process the amendment.

For a business that concludes conducting operations in the state of North Dakota, closing the company properly is important. Close out any bank accounts and tax reporting necessary. Disperse assets to the members in accordance with the operating agreement. To dissolve the business with the Secretary of State, complete a Notice of Dissolution in the online portal, FirstStop. There is a $10 fee to file this form. It may take up to four weeks to process the request.