Forming a North Dakota LLC
(2025 Guide)
2025 LLC Guide
Special Offer alert!
forms your LLC with Northwest for $39 (60% off). Details inside.
How to Start an LLC in North Dakota (Step-by-Step Guide)
Discover how to start an LLC in North Dakota, our step-by-step guide. Learn the essential requirements and process to form your business today.
To establish an LLC in North Dakota, you need to submit the Articles of Organization to the North Dakota Secretary of State. This process costs $135 and has a processing time of 5 days.
There are 5 key steps to complete:
Choose an LLC Name
Select a Registered Agent
File Articles of Organization
Create an Operating Agreement
Get an EIN
If you prefer to set up your LLC on your own, use our free guide provided below. Alternatively, if you want professional assistance, we suggest hiring Northwest Registered Agent.
Need to save time?
Form your LLC with Northwest ($39 + state fee) or LegalZoom ($149 + state fee).
(See why Northwest is #1: Northwest vs LegalZoom.)
What is the cost of starting an LLC in North Dakota?
Establishing an LLC costs $135 initially, with an annual fee of $50.
What are these charges for? The initial $135 fee covers the filing of the Articles of Organization, which officially forms the LLC. The $50 yearly fee is for the Annual Report, a required submission to maintain your LLC’s good standing. For more details, refer to LLC Costs in North Dakota.
How long does it take to form an LLC in North Dakota?
Online filings are processed within 5 business days. Mail filings take 5 business days plus mailing time. The North Dakota Secretary of State recommends filing online. Check How long does it take to get an LLC in North Dakota for any potential delays.
Here’s how to establish an LLC in North Dakota
1. Look Up Your LLC Name
Verify your LLC Name to ensure it’s available in your state. It’s important because no two businesses in the state can share the same name.
Begin by searching for your business name and comparing it against existing businesses in the state. You can confirm that your desired LLC Name is unique using the North Dakota FirstStop Business Search tool.
Next, become acquainted with the state’s naming regulations to ensure your LLC name gets approved. We’ll delve deeper into these aspects here: North Dakota LLC Name.
Note:
Most people choose “LLC”.
2. Select a Registered Agent
The following step involves selecting a Registered Agent. A Registered Agent in North Dakota is an individual or business that receives legal documents and state notifications on behalf of your North Dakota Limited Liability Company.
Who can serve as an LLC Registered Agent? You have three choices for a Registered Agent:
You
A friend or family member
A Registered Agent Service
If you choose an individual as your Registered Agent, they must reside in North Dakota. State law mandates that all LLC Registered Agents maintain a physical street address in North Dakota, as PO Boxes are not permitted. The Registered Agent’s name and address will be publicly recorded.
If you don’t have an address in North Dakota or prefer more privacy, you may opt for a Registered Agent Service for your LLC.
We recommend Northwest Registered Agent. Our top reason for recommending Northwest is that they allow you to use their office address throughout your LLC filing, ensuring your address remains private. They also scan any mail addressed to your LLC and upload it to your online account.
Northwest offers outstanding customer service, and they are our trusted choice for a Registered Agent.
Special offer:
Form your LLC with Northwest for $39 + state fee and get a free year of Registered Agent service.
(Read our Northwest Registered Agent review.)
3. Submit Articles of Organization
To establish an LLC, you must submit the Articles of Organization to the North Dakota Secretary of State.
Filing the Articles online in North Dakota incurs a fee of $135. This fee is a one-time charge for setting up your LLC. If you prefer to handle this process on your own, refer to our detailed guide: North Dakota Articles of Organization. Alternatively, you can opt to hire a service to manage it for you.
Need to save time?
Form your LLC with Northwest ($39 + state fee) or LegalZoom ($149 + state fee).
(See why Northwest is #1: Northwest vs LegalZoom.)
4. Draft an Operating Agreement
An Operating Agreement acts as a “companion” document to the Articles of Organization. While the Articles of Organization establish your LLC, the Operating Agreement identifies the owners of the LLC.
Some banks may also require an Operating Agreement when setting up an LLC bank account. Moreover, this document can be crucial if legal issues arise, as it provides evidence that your Limited Liability Company is properly managed. Therefore, we suggest all LLCs, including Single-Member LLCs, have an Operating Agreement.
An Operating Agreement is considered an “internal document.” This means you don’t have to submit it to the state or the IRS (Internal Revenue Service). Simply keep a copy with your business records. You can download a free template below. Then, watch our step-by-step North Dakota Operating Agreement video to learn how to complete it.
Download a free LLC Operating Agreement:
Member-managed: Google Doc | Word | PDF
Manager-managed: Google Doc | Word
(What’s better? See Member-managed vs Manager-managed LLC)
5. Obtain an EIN for Your Limited Liability Company
The following step involves securing a North Dakota LLC EIN Number from the IRS.
An EIN Number, also known as a Federal Tax ID Number or Federal Employer Identification Number, serves various purposes:
– Identifying your LLC for tax-related matters
– Opening a business bank account
– Applying for business licenses and permits
How much does an EIN cost? Acquiring an EIN Number from the IRS is entirely free of charge.
How long does it take to obtain an EIN? Applying online will take approximately 15 minutes. If you choose to apply by mail or fax, expect a processing time of 1-3 months.
How can I get an EIN? US Citizens/Residents with an SSN or ITIN can apply for an EIN online by following these steps: Apply for an EIN online.
Non-US Residents do not have the option to apply online, but they can obtain an EIN by fax or mail. Follow these guidelines: How to get an EIN without an SSN or ITIN.
What should I do after my LLC is approved?
After gaining approval for your LLC, there are several important steps to follow.
Open an LLC Business Bank Account
It’s essential to set up a business bank account for your LLC. This streamlines accounting and record-keeping for your business finances. Additionally, maintaining a separate business bank account helps preserve your personal liability protection by keeping your business finances distinct from your personal ones.
Get Business Licenses and Permits
Fortunately, North Dakota doesn’t require a state general business license. However, depending on your LLC’s location, you might need a local business license or permit. For instance, if you’re planning to open a daycare, you might need a license from the city or county. You can find more details on our North Dakota Business License page.
File Your LLC Annual Report
Every North Dakota LLC must submit an Annual Report each year to remain in good standing with the state. What does it cost to file a North Dakota Annual Report? The filing fee for an LLC Annual Report is $50 annually. When is the Annual Report due? They are due by November 15th each year. When is the first Annual Report due for your LLC? Your initial report is due the year following your LLC’s approval. For example, if your LLC was approved on April 3, 2025, your first Annual Report is due by November 15, 2026. How do you file your LLC Annual Report? You can file it online by following our step-by-step guide: North Dakota LLC Annual Report.
File and Pay Taxes
LLCs do not pay federal taxes directly. Instead, the LLC members are responsible for paying these taxes through their personal tax returns. How is your LLC taxed? The IRS default taxation for an LLC depends on the number of owners: A Single-Member LLC is taxed as a Sole Proprietorship, while a Multi-Member LLC is taxed as a Partnership. Alternatively, you can request the IRS to tax your LLC as a C-Corporation or S-Corporation. In addition to federal taxes, there may be state and local income taxes, as well as sales tax. Discover more in North Dakota LLC Taxes.
Helpful Resources
How to Start an LLC in North Dakota FAQs
Can I start an LLC online in North Dakota?
Yes, it’s possible to file your LLC online. The fee for filing the Articles of Organization is $135. When you submit your LLC application online, it typically gets approved within 5 business days.
What are the benefits of an LLC?
One major advantage of forming an LLC is the protection it offers to your personal assets. This means that if your business faces a lawsuit, your personal assets—such as your home, cars, and bank accounts—are safeguarded. This protection is extended to all LLC owners, known as LLC Members, regardless of whether it’s a Single-Member or Multi-Member LLC. All owners are shielded from the business’s debts and liabilities. However, this protection is not available if you operate as a Sole Proprietorship or Partnership. Owners in these informal business structures are not protected in the event of a lawsuit. Consequently, LLCs are a more popular choice for business structures.
Another advantage is the LLC’s pass-through taxation. This means the LLC itself doesn’t pay federal income taxes; instead, the profits are passed through to the LLC Members, who then report the income on their personal tax returns. North Dakota state income tax rules align closely with federal regulations, as the state recognizes the federal tax treatment of LLCs. For more detailed information, refer to How are LLCs taxed.
Is North Dakota a good state to start an LLC?
Whether North Dakota is a suitable state to start an LLC largely depends on your location and where you conduct business. If you reside in or operate your business in North Dakota, it’s advisable to start your LLC there. Although some websites highlight tax rates and benefits of forming an LLC in certain states, these advantages are irrelevant if you don’t live or operate in that state. For instance, if you form an LLC in Wyoming but live and do business in North Dakota, you’ll need to register your Wyoming LLC in North Dakota and incur additional fees. Moreover, you’ll still have to pay North Dakota taxes, which leads to increased costs and complications without any benefits.
In conclusion, if you live and conduct business in North Dakota, it’s a favorable state for starting a business. Conversely, if you don’t live or conduct business there, it isn’t ideal.
Real estate exception: When purchasing real estate outside of North Dakota, you should form your LLC in the state where the property is located.
For further details, see Best State to Form an LLC.
About Us
We specialize in guiding individuals through the process of forming LLCs across all states, while also offering a range of comprehensive business services tailored to entrepreneurs.
Basics
Our Services
contact details
- support@uniprime.online
- +1 (646) 347-3833
- 1494 State St, Schenectady, NY 12304,