Welcome to the tutorial catered to those looking to incorporate their business in the state of North Dakota. Here, we will walk you through the registration process put in place by the Secretary of State. There is no manner in which representatives can file their Articles of Incorporation online. Fortunately, we’ve provided all the PDFs for each corporate variation on this webpage for you to download at your convenience. There will be a filing fee that must accompany your documents which will amount to $100 if you are filing as a business, farming or professional corporation. A non-profit corporation will need to submit a fee of $40. All payments can be paid by check or by credit card though the latter of these two options is available only to those filing with the use of a fax machine.

It is always a good idea to perform a Business Entity Search prior to registering your business as it will allow you to discern whether or not your name is indeed available for use in North Dakota. If you’d like to reserve your name, you can file the Name Reservation Application with the accompanying $10 and maintain the rights to your name for a period of 12 months.

How to File a Business/Farming Corporation

Step 1- When filing for a business corporation, or a farming corporation, you will need to download the standard Articles of Incorporation and open it up in your PDF viewer.

Step 2- When ready, you will be able to submit all the information found below into the provided fields.

  • Check that statutes that represent your business type (farming or business)
  • 1a-Name of corporation
  • 1b-Principle executive office address
  • 2a-Name of commercial registered agent
  • 2b-Name of non-commercial registered agent
  • 2c-Address of non commercial registered agent
  • 3-Effective date
  • 4-General purpose for organization
  • 5a-Aggregate number of shares
  • 5b-Par value of authorized shares
  • 5c-If shares are divided into classes, each class, the par value and the number of shares per class
  • 6-Other provisions
  • 7-Name and address of each incorporator
  • Signature and date of signature by each incorporator
  • Name of contact person, their email address and phone number

ND-Articles-of-IncorporationStep 3- See bottom of page for information on how to submit your articles to the Secretary of State.

How to File a Professional Corporation

Step 1- Professional corporations have a very similar set of articles to that of the standard and farming registration documents. You will be able to download your forms here.

Step 2- Once downloaded and opened in your PDF viewer, you will be able to submit the following information into its fields:

  • 1a-Name of corporation
  • 1b-Principle executive office address
  • 2a-Name of commercial registered agent
  • 2b-Name of non-commercial registered agent
  • 2c-Address of non commercial registered agent
  • 3-Effective date
  • 4-Profession to be practiced by the corporation
  • 5a-Aggregate number of shares
  • 5b-Par value of authorized shares
  • 5c-If shares are divided into classes, each class, the par value and the number of shares per class
  • 6-Other provisions
  • 7-Name and address of shareholders who shall practice the profession
  • 8-Name and address of each incorporator
  • Signature and date of signature by each incorporator
  • Name of contact person, their email address and phone number

ND-Professional-Articles-of-IncorporationStep 3- See bottom of page for information on how to submit your articles to the Secretary of State.

How to File a Non-Profit Corporation

Step 1- Those filing to form non-profit corporations will have their own set of articles which will, like all other formation documents, be filed with the Secretary of State. You will be able to download your articles here.

Step 2-  Once you’re ready to complete the forms, you will be able to submit the below information into the provided fields.

  • 1a-Name of corporation
  • 1b-Principle executive office address
  • 2a-Name of commercial registered agent
  • 2b-Name of non-commercial registered agent
  • 2c-Address of non commercial registered agent
  • 3-Effective date
  • 4-Purpose for which corporation is organized
  • 5-Other provisions
  • 6-Name and address of each incorporator
  • Signature and date of signature by each incorporator
  • Name of contact person, email address, daytime telephone number

ND-Non-Profit-Articles-of-IncorporationStep 3- See bottom of page for information on how to submit your articles to the Secretary of State.

How to Submit your Filing to the Secretary of State

Step 1- Before mailing your filing to the Secretary of State, you will need to attach to it a check for $100 if filing as a for-profit entity and $40 if filing as a non-profit. This can be paid by check or by credit card (available to those submitting their forms by fax). If you happen to be registering the articles for a professional corporation, you will have to include with your filing, certification from the licensing board associated with your particular profession.

Step 2- Once all fees and forms have been completed, signed and consolidated into an envelope, you will be able to send the filing package to the address found below this paragraph. If you’d prefer, you can also fax the documents to their offices with this number: 701-328-2992.

Secretary of State
State of North Dakota
600 E Boulevard Avenue Dept 108
Bismarck ND 58505-0500

Tips

EIN– If your filing has been accepted by the Secretary of State, you will be required to apply for an Employer Identification Number as soon as you’ve received correspondence indicating that you’re free to transact business in this state. Once you’ve acquired this number, you will be able to act financially while using the company name. This will of course include the hiring of new employees to assist you in business operations. When this number has been assigned to you, you will be seen as legitimate and lawful in the eyes of the federal government in regards to the payment of federal income taxes. You may review our tutorial linked in the heading of this paragraph or simply skip right to the Online application process or apply through the mail with the PDF Form SS-4.

Corporate Bylaw– When organizing the internal affairs of your business, in regards to the rights and responsibilities of the corporate officials and all provisions provided through which they will be managed, there is no better tool then the binding agreement that is the corporate bylaw. While using this document, you will be able to relay in black in white, the very nature of the relationship between operating members of the corporation and the business entity itself. Take a moment to review our free template found linked in the heading of this paragraph and seek the counsel of an attorney to investigate whether or not this may be a beneficial organizational document with consideration to your particular corporation.

Renewal– All business entities, not just corporations, are required to file for renewal each year by submitting an annual report. This is a fairly common practice nation wide which allows the state officials to remain up to date on any significant changes which transpire within any given company. Through this renewal process, you will be able to remain in good standing with the state thus operating at your full potential. You will be able to retrieve your forms by performing a Business Entity Search if you represent a business or professional corporation. All other entities will be required to request their form through the contact information on this webpage. When completed, you may fax them to 701-328-2992 or simply mail them to the below address. Along with your filing, you will need to submit a filing fee totalling $25 if filing as a profit entity and $10 if filing as a non-profit.

Annual Report Processing Center
Secretary of State
State of North Dakota
PO Box 5513
Bismarck ND 58506-5513