If you represent an existing or prospective corporation and you’re unsure of exactly how to register with the North Dakota Secretary of State, you’ve come to the right place. This particular webpage should serve simply as a general guideline, applicable to all corporation types in North Dakota, on how to get up and running without any hiccups. We urge you to take the time to review the tutorials linked within this particular page to educate yourself on the exact filing requirements of each individual entity type. Although there is no online filing process in North Dakota, you will still be able to use your computer to submit the requisite information into the PDF of your filing form and submit it through the mail, or by fax, to the authorities. Scroll down to get started!
How to File
Step 1- When registering a business, its seems universally applicable that each entity do so while using a name that is completely unique and distinguishable from that of any other businesses on file with the Secretary of State. North Dakota is no exception to this rule. To ensure that your name is available, you can employ the Business Entity Search function to get an idea as to whether you will be required to use a fictitious name, or simply choose a new option. To reserve the rights to your name, you may perform a Name Reservation filing which should last for a total of 12 months and cost only $10.
Step 2- Once you’ve completed the name availability search, you will be able to proceed to downloading your PDF. Click on the link below which corresponds with your entity type to find out the exact information required on each application.
- Domestic Business/Farming Corporation
- Domestic Professional Corporation
- Domestic Non-Profit Corporation
- Foreign Corporation
Step 3- Now that you’ve complete the PDF, you will need to attach to it any certification demanded by the state. If you’re a profit or non-profit, domestic corporation, you will be able to submit the filing as is. Otherwise, foreign entities must supply a certificate of good standing/existence from their state of initial formation to prove legitimacy. Professional entities, whether foreign or domestic, will need to supply certification from the licensing board associated with their profession.
Step 4- Once all forms have been completed and signed, and the certificates have been put in place, you will be required to pay the filing fee (see below list). These fees can be paid by check or by credit card.
- Domestic Business/Farming/Professional Corporation- $100
- Domestic Non-Profit Corporation- $40
- Foreign Business/Professional Corporation- $145
- Foreign Non-Profit Corporation- $50
Step 5- There are two options when filing in North Dakota; you can either send the filing package to the below address, or, you can send it by fax to this number: 701-328-2992.
Secretary of State
State of North Dakota
600 E Boulevard Avenue Dept 108
Bismarck ND 58505-0500
EIN– If you’re creating a new corporation, you will be required to apply for an Employer Identification Number as soon as your filing has gone through. This will allow you to operate as an entity when opening bank accounts, hiring employees, applying for loans and essentially transacting any kind of financial operation. The application process can be done for free Online using the Internal Revenue Service website. If you’d prefer to submit your application through the mail, you must first download the PDF of Form SS-4. More information on both procedures can be found linked in the heading of this paragraph.
Corporate Bylaw– It is always a good idea to organize your business with the use of a set of corporate bylaws. This agreement is similar in nature to a partnership agreement or operating agreement as it binds the company officials to a certain set of rules and regulations. If your foreign company operates without one, or you’re a new, domestic entity and you’re curious about exactly what would be contained in such a document, you can click on the heading of this paragraph and review our free template found in both MS Word and Adobe PDF. Note that you are not required by law to draft such an agreement and for this reason you needn’t file it with the Secretary of State.
Renewal– All business entities are required to renew each year through the submission of an annual report. This is simply an update on your initial formation documents to notify the Secretary of State of any changes which may have occurred over each calendar year. Some corporations will benefit from the use of a Business Entity Search to retrieve the PDF of their report. Other will be required to contact the state offices directly to request their form. Regardless, there will be a filing fee administered and payable by check or credit card (depending on whether you fax or send the document through the mail). All profit entities will be required to pay $25 while each non-profit corporation need only supply $10. Send the filing to 701-328-2992 or simply mail them to the below address.
Annual Report Processing Center
Secretary of State
State of North Dakota
PO Box 5513
Bismarck ND 58506-5513