Form Your LLC in North Dakota

Starting an LLC in North Dakota is a smart way to protect your personal assets and run your business with flexibility. LLCs combine liability protection with pass-through taxation and light ongoing compliance.

With FormPros, you can form your North Dakota LLC quickly and confidently—without the stress of confusing paperwork.

Steps to Form a North Dakota LLC

1) Choose a Business Name

• Must include “Limited Liability Company,” “LLC,” or “L.L.C.” and be unique in North Dakota.
• Run a name search with the Secretary of State to confirm availability.
• Avoid restricted words (e.g., “bank,” “insurance”) unless you have approvals.
• Consider grabbing the matching domain and social handles.

2) Appoint a Registered Agent

• Required for all ND LLCs; must have a physical North Dakota street address (no P.O. boxes).
• Available during normal business hours to receive legal mail and service of process.
• Can be you, another individual, or a professional registered agent service.
• Using a service helps with privacy and continuity if you move or travel.

3) File Articles of Organization

• File online with the North Dakota Secretary of State; state fee: $135.
• Provide LLC name, principal address, registered agent info, and management type (member- or manager-managed).
• List organizers and a contact email for state notices.
• Keep a stamped copy for your records (you’ll need it for banking and licensing).

4) Create an Operating Agreement

• Not filed with the state, but strongly recommended—even for single-member LLCs.
• Defines ownership percentages, voting, profit distributions, and management duties.
• Include buy-sell provisions (what happens if a member leaves, dies, or sells).
• Helps preserve liability protection by showing you operate as a real entity.

5) Get an EIN

• Apply free with the IRS (online); you’ll receive it immediately.
• Needed for hiring employees and federal/state taxes; most banks require it to open a business account.
• Use the EIN (not your SSN) with vendors and on W-9s to protect privacy.
• Keep the IRS confirmation letter in your company records.

6) File Your Annual Report

• Due every year on November 15th; state fee: $50.
• File online to update/confirm your registered agent, principal address, and management.
• Late or missed filings can trigger penalties and administrative dissolution.
• Set calendar reminders so you never miss the deadline.

North Dakota LLC Costs & Ongoing Obligations

Why Choose FormPros?

FormPros makes North Dakota LLC formation simple and stress-free. We handle the paperwork, guide you through compliance, and ensure your LLC is set up correctly the first time.

✅ Fast online filing
✅ Expert support
✅ Affordable pricing
✅ Ongoing compliance help

Start your North Dakota LLC today with FormPros and focus on building your business—not dealing with state forms.

Form an LLC

Form an LLC in North Dakota FAQs

• How much does forming an LLC in North Dakota cost?
  The cost to form an LLC in North Dakota is $135 for filing the Articles of Organization with the Secretary of State. There is an additional $50 fee for filing the required Initial Report within 90 days.
• What is a series LLC in North Dakota?
  A Series LLC in North Dakota allows a single LLC to have multiple "series" or sub-LLCs under one umbrella, each with its own assets, liabilities, and members. This structure is useful for businesses needing separate liability protection for different ventures or properties.
• What is the difference between an LLC and a corporation in North Dakota?
  • LLC: Offers flexible management, pass-through taxation, and limited liability protection for members.
  • Corporation: Has a more rigid structure, can raise capital more easily through stock, and may face double taxation unless it elects S corporation status.
• What is the difference between C Corp and S Corp in North Dakota?
  • C Corp: Subject to double taxation—profits are taxed at the corporate level and again on shareholder dividends.
  • S Corp: Profits pass through to shareholders' personal tax returns, avoiding double taxation, but with restrictions on ownership and number of shareholders.
• Can an LLC be a not-for-profit in North Dakota?
  No, LLCs in North Dakota cannot be formed as not-for-profit entities. Instead, you must form a nonprofit corporation to obtain tax-exempt status.
• How long does it typically take to form an LLC in North Dakota?
  Forming an LLC in North Dakota typically takes 3 to 5 business days if filed online and slightly longer if filed by mail.
• Can a North Dakota LLC Operating Agreement be modified?
  Yes, a North Dakota LLC Operating Agreement can be modified at any time, but all members must agree to and sign the amended agreement.
• How do I look up an LLC in North Dakota?
  You can look up an LLC in North Dakota using the Business Records Search tool on the North Dakota Secretary of State’s website.
• Can I register my LLC in North Dakota if I don’t live there?
  Yes, non-residents can register an LLC in North Dakota, but you must designate a registered agent with a physical address in the state.
• Can a foreigner own a North Dakota LLC?
  Yes, foreigners can own a North Dakota LLC. There are no residency or citizenship restrictions for LLC owners in the state.
• Can an LLC own property in North Dakota?
  Yes, an LLC in North Dakota can own real estate and other types of property in its own name.
• Can one person own an LLC in North Dakota?
  Yes, North Dakota allows for single-member LLCs, where one person owns and manages the entire business.
• Is a North Dakota LLC required to have officers?
  No, North Dakota LLCs are not required to have officers. They can be managed directly by the members or by designated managers.
• What is the process for naming an LLC in North Dakota?
  The LLC name must include "Limited Liability Company," "LLC," or "L.L.C." and be distinguishable from other registered businesses. You can check name availability through the North Dakota Secretary of State’s website.
• Can I convert an existing business into an LLC in North Dakota?
  Yes, you can convert a sole proprietorship or partnership into an LLC by filing the Articles of Organization and following the state’s procedures for conversion.
• How do I renew an LLC in North Dakota?
  To renew an LLC in North Dakota, file the Annual Report with the Secretary of State each year and pay the $50 filing fee to maintain good standing.