We have compiled all the information from the Secretary of State on LLC registration in order to give filers a guide on how to submit their filing forms to the authorities. This particular webpage should serve only as a general overview of the filing procedure and we urge applicants to click on the links found within this page to gain insight into the exact information asked by the Secretary of State. Unfortunately, you will find no online application process on the government website, and for this reason, all filings will need to be downloaded in PDF format and submitted by either fax or through the mail with the accompanying filing fee of $135 (applicable across the board).
How to File
Step 1- Whether you’re forming a brand new LLC, or you plan on registering as a representative of a foreign company, you’d be wise to perform a Business Entity Search prior to filing to ensure that the name you are anticipating operating under isn’t already on file with the Secretary of State. To ensure that no one takes your name as you prepare to file, you may reserve it for a full year for the reasonable price of $10.
Step 2- When you’re confident that you have secured a name that will not be the cause of a rejected filing, you will be able to then proceed to download the PDF of your registration forms. Clicking on the links below will allow you to review all the requisite information needed on each form.
- Domestic Standard/Farming LLC
- Domestic Professional LLC
- Foreign Standard LLC
- Foreign Professional LLC
Step 3- Once you’ve supplied all information into the filing forms, you will need to attach to it all necessary paperwork. This will mean a certificate of good standing/existence if you’re applying as a foreign entity as well as certification from the professional licensing board associated with your entity type if applying as a professional LLC. The filing fee ($135) can be paid by check made out to the Secretary of State or by credit card by using the voucher found at the bottom of each PDF. Mail the filing package to the below address or fax it to 701-328-2992.
Secretary of State
State of North Dakota
600 E Boulevard Avenue Dept 108
Bismarck ND 58505-0500
EIN– If you are forming a new limited liability company, you may need to apply for an Employer Identification Number. You will be able to submit your filing to the Internal Revenue Service Online or through the mail with the PDF Form SS-4. The number will be administered free of charge and will allow for the IRS to identify you as a legitimate, tax-withholding entity. Once obtained, you will be able to perform financial transactions using the company name and hire employees legally.
Operating Agreement– Although it is not legally required in the state of North Dakota, drafting an operating agreement can greatly improve the organization of your business. This is an internal document and it needn’t be submitted to the Secretary of State. To learn more about the benefits of drafting this binding agreement, and to gain access to our free templates downloadable in both Adobe PDF and Microsoft Word, click on the heading of this paragraph. We recommend having the contents of the agreement reviewed by an attorney before incorporating it into your business structure.
Renewal– All businesses in the state of North Dakota are required to renew each year through the filing of an annual report. LLCs are expected to make this filing by the 1st of November in order to remain in good standing. The form is simple and straight forward and shouldn’t take more than a minute to draft. If you’re operating a standard LLC, you will be able to gain access to the PDF by performing a Business Entity Search on the Secretary of State website. Otherwise, you will be able to request one using the contact information on this webpage. Once filled, you can submit it to their offices by fax (701-328-2992) or by mail (address posted below). All LLCs will be required to pay $50 if filing on time and $100 if filing after the mandatory date.
Annual Report Processing Center
Secretary of State
State of North Dakota
PO Box 5513
Bismarck ND 58506-5513