Welcome to the webpage created to guide prospective LLC operators through the registration process put in place by the North Dakota Secretary of State. Within this tutorial, you will learn the exact filing requirements for standard, professional and farming LLCs while gaining access to all forms administered by the state. You will be able to download the filing document related to you entity type in PDF format, enter in the requisite information into its fields then fax it, or mail it, to the office of the Secretary of State for processing with the attached filing fee. The cost of filing to form a limited liability company is $135 regardless of the exact nature of the business transacted by the entity.

Before downloading your documents, we always recommend that filers take a second to perform a Business Entity Search of the Secretary of State’s name database to ensure that the name they plan on operating under has not already been registered within the state. Applicants may also reserve their name for a period of 1 year prior to filing. This will cost only $10, a price which is considerably cheaper than that of most other jurisdictions.

How to File a Standard/Farming LLC

Step 1- You can begin by downloading the Articles of Organization for business and farming LLCs.

Step 2- The information they ask of you is as follows:

  • The statutes represent your LLC type (choose one)
  • 1-Name of LLC
  • 1a-Principle executive office
  • 2a-Name of commercial registered agent
  • 2b-Name of non-commercial registered agent
  • 2c-Address of non-commercial registered agent
  • 3-Effective date
  • 4-Duration of LLC
  • 5-Purposes for which LLC is organized
  • 6-Other provisions (optional)
  • 7-Name and address of each organizer
  • Signature and date of signing by each organizer
  • Contact person, their email and their phone number

ND-Articles-of-Organization

Step 3- Once the articles have been completed in their entirety and all applicable members have signed acknowledging their consent, you may attach the filing fee of $135. This can be paid by check made out to the Secretary of State, or by credit  card (voucher found at bottom of PDF). The latter of the two methods of payment should be used if filing by fax to 701-328-2992. Otherwise, you should send your filing package to the below address for processing.

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

How to File a Professional LLC

Step 1- The Articles of Organization for a professional LLC are similar in nature to that of the standard and farming companies. Click on the link above and to the left to download and open them in your PDF viewer.

Step 2- Once opened, you will be able to enter the following information into the articles:

  • 1-Name of LLC
  • 1a-Principle executive office
  • 2a-Name of commercial registered agent
  • 2b-Name of non-commercial registered agent
  • 2c-Address of non-commercial registered agent
  • 3-Effective date
  • 4-Duration of LLC
  • 5-Profession to be carried out by LLC
  • 6-Other provisions
  • 7-Name, role and address of each original member
  • 8-Name and address of each organizer
  • Signature and date of signing by each organizer
  • Contact person, their email and their phone number

ND-Professional-Articles-of-Organization

Step 3-  Once you’ve finished filling out the form, you will need to furnish it with the filing fee of $135. This can be paid by check made out the Secretary of State or by credit card with the use of the third page of the PDF. Along with the filing fee, you will need to attach certification from the licensing board associated with your profession in the state of North Dakota. Once all items have been consolidated, you will be able to to fax it to 701-328-2992 or you can mail it to the below address.

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

Tips

EIN– Once you’ve finished with the filing forms, you’ve submitted them to the Secretary of State, and they’ve accepted your submission, you may be required to apply for an Employer Identification Number. This can be used to open bank accounts under the company name, legally hire employees and otherwise commit to any other kind of financial transaction. The EIN is an identifier issued by the Internal Revenue Service to keep track of all tax-paying entities in the United States. You may click on the link at the heading of this paragraph to learn more about the Online and PDF Form SS-4 filing processes.

Operating Agreement–  While this document is not legally required in the state of North Dakota, you may still want to consider drafting an operating agreement. Through this process, you will be able to relay in black and white, the rights and responsibilities of all company officials among other vital provisions. Without this document, there will be no legal proof or evidence of the manner in which the company is to be internally managed. Take a moment to review the free template found linked in the heading of this paragraph to see whether it would be usable in your entity.

Renewal– It is required of all business entities in North Dakota that they renew with the Secretary of State by submitting an annual report. For limited liability companies, both foreign and domestic, this must be submitted by November 1st of each calendar year with the attached filing fee of $50. Those who fail to file on time will no longer remain in good standing with the state and will be charged an additional $50 on top of the initial filing fee. You can retrieve your annual report PDF by performing a Business Entity Search if you represent a standard LLC. Farming and professional LLCs will need to request their form using the contact information on this webpage. Once retrieved, you will be able to fill it out and either mail it to the below address or submit it by fax to 701-328-2992.

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