Form an LLC in North Dakota

Form an LLC in North Dakota

We make it fast and easy to form a North Dakota LLC. Our filing packages start at $79. (plus state fees)

File your LLC’s Articles of Organization in North Dakota using SunDoc Filings. We make daily trips to the Secretary of State office.  Unlike other filing services, we handle all filings on an expedited basis.  We never mail in your documents and we always have a live voice to help.

 

For already prepared documents, skip to step 3
 
Step 1: Check name availability
Determine your primary name and back up name choices for your North Dakota entity. We highly recommend that you give us alternative choices to reduce the chance of rejection.
 
Step 2: Fill out our easy online order form to submit your articles of incorporation.
Our form will walk you through all required information.
 
Step 3: Specify Service Level and Service Options:
Select the appropriate filing packages or choose from the a la carte options.
 
     Routine: 2 - 10 Business Days
     Rush: Not Available
 
We can have your documents filed and emailed to you the next day. Documents must be received by noon PST on the day of the filing. Please note that if any filing is rejected, the state fees are non-refundable. If you do not receive our email confirmation within one hour during normal business hours, please call us at 888-595-2747 to confirm your order.

 

 

Your filing is now on its way! If we receive your North Dakota LLC's Articles of Organization by noon M-F, your filing will be submitted the same day it was received. The date submitted will become the file date of your new entity. The Secretary of State office will take at a few weeks to process routine orders. Keep in mind that if you mail the document to the state yourself, like many filing services do, you will have to wait SEVERAL MONTHS. When the state is approves your document, they will issue a state entity number and a certified copy We will immediately fax or email the filed document to you. We will return the certified copy via regular mail. 

 

Your Post-Filing Responsibilities

File a Statement of Information: After the Articles of Organization are filed, the Secretary of State requires that you file a Statement of Information. This includes the business address of the entity, the names and addresses of the members, the agent for service of process, and a brief description of the business. When we send you the certified (filed) copy of the Articles of Organization, we will include a Statement of Information form.  Add this to your order if you would like us to file it for you.

Employer Identification Number: If you would like, we can obtain your EIN for your new North Dakota LLC. Simply add it to your order or fill out our online EIN order form and we will obtain the EIN within 24-48 hours.

North Dakota LLC Kit: Our LLC Kits include a custom binder, 20 customized membership certificates, printed minutes, operating agreement, LLC seal embosser, and FedEx 2nd Day shipping. You can order the North Dakota LLC kit at the time of filing or if you prefer, you can place the order individually at our Corporate/LLC Kit order page.

 

 

The SunDoc Filings Advantage

 

  • We have filed thousands of documents since 1999
  • All filings received by 12 p.m. PST are submitted same day
  • Most filing companies mail in your filings

 

North Dakota LLC Formation Guidelines

 

LIMITED LIABILITY COMPANY NAME

The Limited Liability Company must contain the words “limited liability company”, or must contain the abbreviation “L.L.C.” or the abbreviation “LLC”, either of which abbreviation may be used interchangeably for all purposes authorized by the North Dakota Limited Liability Company Act including real estate matters, contracts, and filings with the secretary of state. An available name may be reserved for a 12 month period. The filing fee is $10.

 

ORGANIZERS / MEMBERS

The limited liability company can be formed by one (1) or more individuals. The limited liability company must have one or more members.

 

PURPOSES

A limited liability company may be organized under the North Dakota Limited Liability Company Act for any business purpose, unless some other statute of the state requires organization for any of those purposes under a different law. Unless otherwise provided in its articles of organization, a limited liability company has general business purposes.

 

DURATION

The period of duration of a limited liability company must be set forth in the Articles of Organization stating in years, if other than perpetual.

 

RECORD KEEPING REQUIREMENTS

The limited liability company must maintain an office, which may be but need not be a place of its business in North Dakota or its registered office, where its records will be kept. We cannot provide this office.

 

REGISTERED AGENT AND REGISTERED OFFICE

The limited liability company must maintain a registered agent and office to receive service of process in North Dakota.

 

OPERATING AGREEMENT

The members of a limited liability company may adopt and maintain a separate operating agreement.

 

FILING PROCEDURES

Submit to the Secretary of State an originally executed copy of the Articles of Organization and the Secretary of State issues a Certificate of Organization to the organizers or their representative.

 

Ongoing Requirements

A limited liability company must file an annual report with the Secretary of State On or before November 15th of each year. The first annual report is due in the year following that in which the limited liability company was initially chartered or registered with the Secretary of State. If the limited liability company did not receive an annual report form, the form can be obtained from this website, or contact the Secretary of State’s office for another form. If a limited liability company chooses not to file an annual report by the required date, or file a voluntary termination of their charter or registration, state law requires the Secretary of State to revoke the limited liability company charter or registration six months after the report is due.

 

The annual report must disclose the following:

  • Limited liability company name
  • Name and address of the registered agent in North Dakota
  • State of origin
  • Federal ID number to help maintain accurate limited liability company records
  • Telephone number of the principal place of business
  • Address of the principal place of business
  • Description of the business activities
  • Names and addresses of all managers and governors, or the names and addresses of the managing member or members
  • Name, e-mail address and day-time telephone number of a contact person; and

Signature of person authorized to submit the annual report.

 

 

 


 

North Dakota LLC Frequently Asked Questions

 

What is the benefit of using SunDoc Filings in North Dakota? 
We visit the North Dakota Secretary of State daily and submit all filings received by 12:00 noon that same day. We treat all of our filings on an expedited basis and do not charge extra fees unless mandated by the state. Many filing companies will simply mail in the filings unless you pay for "rush"  or premium services. The following guidelines are especially helpful if you are preparing your own North Dakota Articles of Organization.

Questions about LLC Formation Guidelines?

How many members and managers are required in North Dakota?
At least one member is required in North Dakota.  
 What is a Registered Agent?
 A Registered Agent is an individual or a business designated to receive service of process (SOP) in the event a corporation is party to a lawsuit. For example, if your corporation is ever involved in a lawsuit, the plaintiff’s attorney and or the court will serve your corporation via a process server to inform you of the suit. State filing agencies require that a corporation designate a Registered Agent to receive the legal document from the process server. The Registered Agent must maintain a physical address (no P.O. Boxes or PMB’s) in the states of the corporations they represent. The Registered Agent is also required to be available at the physical address Monday through Friday during normal business hours to accept service of process. The name and address of the Registered Agent is a matter of public record.
Can SunDoc Filings help me obtain a Registered Agent?
Yes we can. SunDoc Filings helps companies fufill the Registered Agent requirement for a small annual fee. SunDoc Filings will appoint a Registered Agent to act on your company’s behalf and forward all service of process to you immediately. We provide this service in all 50 states and the District of Columbia. More information
What are operating agreements and how do I obtain or prepare them?
A corporation's bylaws are the company's rules and regulations. For a Limited Liability Company, they are called an operating agreement. Sample bylaws are provided when you order a corporate or LLC kit. Companies do not file the bylaws or operating agreements with the Secretary of State. Instead, bylaws or operating agreements are kept with internal company records.

Questions about Incorporating?

How do I form an LLC in North Dakota?
To form an LLC, a prospective company must prepare and file Articles of Organization with the state authorities. You must also pay filing fees and any applicable initial franchise taxes or other fees. The information required for Filing Articles of Organization varies by state and type of business. If you want to form your LLC through SunDoc Filings, just complete our order form online and we will prepare and file your Articles of Incorporation.  
Do I need an attorney to form an LLC in North Dakota?
No. You can prepare and file the Articles of Organization yourself, but you should understand the requirements of your intended home state. If you are unsure if a business entity will benefit your business, or what business type you should form, you should consult an attorney or accountant.
In what state is it best for me to form an LLC?
Your home state is not always the best choice.  Some states offer better tax benefits than others, but keep in mind that legal matters must be settled in your state of incorporation.  Once again, if you are not sure, contact an attorney or CPA for advice.
Should I form an LLC or a Corporation in North Dakota?
Corporations and LLCs are both excellent choices for business owners looking to minimize their personal liability and build credibility. Each entity offers distinctly different tax and business advantages and choosing the right one should be determined by your specific business needs. Your industry may also dictate the type of entity that can be formed. Contact a CPA or attorney for professional advice.
Corporations offer personal liability protection, tax savings and increased opportunities for raising capital. Corporations are required to perform certain duties such as holding annual meetings and keeping detailed corporate records (minutes). Limited Liability Companies (LLCs) offer the same personal liability protection as corporations, but with fewer requirements. LLCs also offer great tax flexibility. Members can choose to be taxed as either a traditional corporation or as a "pass-through" entity.
Do I need to file a DBA (assumed name) in North Dakota?
Depending on your type of business entity, it may be required or recommended to file a DBA. A DBA (Doing Business As) or assumed name is the legal term for registering your business name. In some jurisdictions it is called a fictitious owner affidavit or fictitious business name. Its purpose is to prevent confusion and fraud in the marketplace. Because real names and addresses are required on the application, creditors and other interested parties can connect a business name to the actual owner of the business by looking up its DBA. Filing a DBA protects the public from fraudulent use of a name by preventing someone from hiding behind a business name. It also protects the registered business from others who might try to impersonate them by doing business under that name. A sole proprietorship is not always required to file for a DBA since an owner can operate under their actual name. However, this may cause difficulties when taxes are calculated because it can be hard to tell when a purchase was for the business and when it was for personal use. For accounting reasons, filing a DBA is recommended. Having a legal DBA name on file also means bank accounts and credit can be opened in that name. Simple partnerships have the same requirements as sole proprietorships and a DBA is not required if the business operates under the partners’ true names. A limited partnership does have to file for a DBA at the Secretary of State’s Office as part of the paperwork necessary to create a limited partnership. Other business structures – C Corp, S Corp, LLC – have name registration built into the formal process of the entity creation. The formal name in these cases will include Inc. or LLC or Corp. as part of the name to identify the type of business to the public. The local government authority (usually at the county level) will accept and register a DBA name. Although the requirements vary by jurisdiction, in general the owner or authorized representative personally fills out a form at the county treasurer's office. Other county departments that accept DBA applications are the County Register of Deeds or the Secretary of State.