Start a Free LLC in North Dakota

Per the North Dakota Secretary of State, as of September 2026, North Dakota charges $135 to file the Articles of Organization. After that, the Annual Report costs $50 every year. With LLC Register, formation is included in the $99-a-year North Dakota registered agent service, so year one costs $234.

Processing takes a few business days. The Secretary of State reported an average filing time of 3.75 days in 2023. North Dakota does not offer paid expedited processing for LLC formations. Your LLC exists once the state accepts your filing.

To start an LLC in North Dakota, choose an available name, appoint a North Dakota registered agent, and file the Articles of Organization with the North Dakota Secretary of State for $135. Then sign an operating agreement, get a free EIN from the IRS, open a business bank account and register for any state taxes. LLC Register files it for you as part of the $99-a-year registered agent service.

Yes. You can file online through the Secretary of State's FirstStop Portal; North Dakota does not publish a paper form for LLC formation. The Articles of Organization costs $135.

In North Dakota you form an LLC by filing the Articles of Organization with the North Dakota Secretary of State. Other states call this document the articles of organization or the certificate of formation. The filing fee is $135.

No. North Dakota does not offer paid expedited processing for LLC formations. Processing takes a few business days. The Secretary of State reported an average filing time of 3.75 days in 2023.

Use the North Dakota Secretary of State's free online business name search to check whether your LLC name is available. Your North Dakota LLC name must include "limited liability company", "LLC" or "L.L.C." and must not include words such as "corporation" or "incorporated". It must be distinguishable from other names on record with the Secretary of State, and words like "bank" or "trust" need approval from the Department of Financial Institutions.

Your North Dakota LLC name must include "limited liability company", "LLC" or "L.L.C." and must not include words such as "corporation" or "incorporated". It must be distinguishable from other names on record with the Secretary of State, and words like "bank" or "trust" need approval from the Department of Financial Institutions. The rules are set by the North Dakota Century Code Chapter 10-32.1 (North Dakota Limited Liability Company Act).

Yes. You can reserve a name for $10 through the FirstStop Portal; the reservation lasts 12 months and can be renewed for further 12-month periods. A reservation is optional; filing the formation document also secures the name.

Yes. Every North Dakota LLC must have a registered agent. Your LLC must keep a North Dakota registered agent with a physical address in North Dakota: a commercial agent listed with the Secretary of State, an individual who lives in North Dakota, or a registered company with a North Dakota business office. You must get the agent's approval before naming them, but you do not file proof of it.

Yes, as an individual. The LLC itself cannot be its own registered agent, but a member or manager who lives in North Dakota can serve as its noncommercial registered agent. Your address becomes public record, and someone must be there during business hours to accept legal papers.

Not as your registered agent's address. Your LLC must keep a North Dakota registered agent with a physical address in North Dakota: a commercial agent listed with the Secretary of State, an individual who lives in North Dakota, or a registered company with a North Dakota business office. You must get the agent's approval before naming them, but you do not file proof of it. A PO box can usually serve as a mailing address, but the registered agent needs a physical address in North Dakota.

File the Statement of change of registered agent or registered office (filed in the FirstStop Portal) with the North Dakota Secretary of State. The fee is $10.

Serving as your own North Dakota registered agent is free if you qualify. Commercial registered agents charge a yearly fee. LLC Register's North Dakota registered agent service is $99 a year and includes LLC formation and annual report filing.

Yes. North Dakota LLCs must file the Annual Report every year. The state fee is $50.

The Annual Report is due by November 15 every year. Your first one is due by November 15 of the year after the calendar year your LLC is formed. It is filed with the North Dakota Secretary of State.

Per the North Dakota Secretary of State, as of September 2026, the Annual Report state fee is $50. It is due by November 15 every year. LLC Register files it for you at no extra service fee while your registered agent service is active.

Filing after November 15 adds a $50 late fee to the $50 report fee, and the LLC is placed in Not Good Standing. An LLC that has not filed within six months after the deadline is terminated automatically; reinstating it within one year costs the fees plus a $135 reinstatement fee. File as soon as possible to keep your LLC in good standing.

North Dakota has no franchise or privilege tax on LLCs. The only recurring state charge is the $50 annual report fee paid to the Secretary of State.

North Dakota taxes an LLC the same way the IRS does, so by default its profits pass through to the members' North Dakota income tax returns. A multi-member LLC taxed as a partnership with North Dakota income files Form 58 by April 15. Federally, a single-member LLC is taxed like a sole proprietorship and a multi-member LLC like a partnership, unless it elects to be taxed as a corporation.

If you sell taxable goods, admissions or lodging, apply for a Sales and Use Tax Permit with the Office of State Tax Commissioner through ND TAP. The Tax Commissioner advises applying 30 days before you open for business.

Before you hire, open an income tax withholding account with the Office of State Tax Commissioner and register for unemployment insurance tax with Job Service North Dakota. You must also buy workers' compensation coverage from Workforce Safety and Insurance (WSI), the state's only provider, before employees start work. You also need an EIN from the IRS before you run payroll.

It depends on your industry and location: North Dakota regulates some professions and activities through state licenses, and many cities and counties require local business licenses. Start with the FirstStop Portal (North Dakota Secretary of State).

North Dakota does not require a written operating agreement, and you never file one with the state. North Dakota law recognizes oral, written and implied agreements. LLC Register includes an operating agreement with every North Dakota LLC it forms.

You need an EIN if your LLC has employees or more than one member, and most banks ask for one to open a business account. A single-member LLC without employees can use the owner's Social Security number for federal taxes, but an EIN keeps it off business paperwork.

Apply for free on the IRS website once the state has approved your LLC; online applicants receive the EIN immediately. Owners without a Social Security number can apply with Form SS-4 by fax or mail.

Yes. You do not have to live in North Dakota or be a U.S. citizen to form a North Dakota LLC. You do need a registered agent with a physical address in North Dakota. Non-U.S. owners without a Social Security number apply for an EIN with IRS Form SS-4.

Yes. North Dakota allows an LLC with a single owner. By default the IRS taxes a single-member LLC like a sole proprietorship, reported on the owner's personal return.

Yes. An operating agreement can create series with separate liability for their own debts under NDCC §10-32.1-102.

Yes. Licensed professionals can form a professional LLC (PLLC) by filing a Certificate of Professional License (SFN 13610) or licensing-board certification with the articles of organization.

No. North Dakota does not require newspaper publication to form an LLC.

Order a Certificate of Good Standing from the North Dakota Secretary of State for $20. Banks, lenders and other states often ask for one as proof your LLC is current with the state.

An LLC formed in another state registers to do business in North Dakota by filing the Certificate of Authority (Foreign Limited Liability Company) with the North Dakota Secretary of State. The fee is $135, and the LLC needs a North Dakota registered agent.

File the Articles of Amendment with the North Dakota Secretary of State for $50. Amend when you change your LLC's name or other information in the formation document.

File the Articles of Dissolution and Termination with the North Dakota Secretary of State for $20. Before you file, wind up the business: pay debts, close tax accounts and distribute what is left to the members.

File a Trade Name Registration with the North Dakota Secretary of State through the FirstStop Portal for $25. It lasts 5 years and renews for $25. A DBA lets your LLC trade under another name without forming a new company.

Yes. An eligible LLC can elect S corporation tax status by filing IRS Form 2553. The election can reduce self-employment tax once profits are high enough to pay yourself a reasonable salary. North Dakota taxes an LLC the same way the IRS does, so by default its profits pass through to the members' North Dakota income tax returns. A multi-member LLC taxed as a partnership with North Dakota income files Form 58 by April 15.

An LLC separates your personal assets from business debts and lawsuits, keeps pass-through taxation, and needs less paperwork than a corporation. In North Dakota it costs $135 to form and the Annual Report is $50 every year.

A sole proprietorship costs nothing to start, but you are personally liable for the business's debts. A North Dakota LLC costs $135 to form and protects your personal assets, with the same pass-through taxes by default.

Usually not if your business operates in North Dakota. An out-of-state LLC doing business here must also register as a foreign LLC in North Dakota for $135 and keep a North Dakota registered agent, so you pay two states' fees.

No. Formation is included in the $99-a-year North Dakota registered agent service. The state still charges its $135 filing fee, which we pass through at cost.

For $99 a year plus the $135 state fee: North Dakota LLC formation in year one, a North Dakota registered agent, an operating agreement, and filing of your Annual Report every year. Renewal is $99 a year. State fees are passed through at cost.

No. FinCEN has exempted companies created in the United States from beneficial ownership information (BOI) reporting. Only foreign companies registered to do business in a U.S. state still have to report.

The North Dakota Secretary of State, Business Services, handles LLC formations, amendments and annual filings. Its office is at 600 E Boulevard Avenue Dept 108, Bismarck, ND 58505.

Yes, you should. Mixing business and personal money can weaken the liability protection your LLC gives you. Banks usually ask for your filed Articles of Organization, your EIN and your operating agreement.