Starting an LLC in North Dakota offers flexibility, liability protection, and a straightforward filing process. Whether you’re launching a small family business or expanding operations, understanding each filing step is key to staying compliant with state requirements. Here’s a detailed, up-to-date guide to forming your LLC in North Dakota for 2025.
Your LLC name sets the foundation of your business identity. North Dakota requires that every LLC name:
Includes “Limited Liability Company,” “LLC,” or “L.L.C.”
Is unique and distinguishable from other registered entities.
You can check availability through the North Dakota Secretary of State’s FirstStop business portal.
If you want to hold your preferred name before filing, you can reserve it for up to one year by submitting a Name Reservation Application and paying a $10 fee.
Every LLC in North Dakota must appoint a registered agent with a physical street address in the state (P.O. boxes aren’t accepted).
The registered agent receives official government correspondence, compliance notices, and legal documents on behalf of your LLC.
You can act as your own registered agent or appoint a professional registered agent service to ensure consistent availability and privacy.
This filing officially creates your North Dakota LLC. You can file online or by mail with the Secretary of State.
Filing fee: $135
Processing time: Around 5 business days
Your Articles of Organization must include:
The LLC’s legal name and principal address
Registered agent’s name and street address
The names and addresses of members or managers
The management structure (member-managed or manager-managed)
Once filed and approved, your LLC legally exists and can begin operating in North Dakota.
Although North Dakota does not legally require LLCs to have an operating agreement, having one is strongly recommended.
This internal document defines ownership percentages, profit-sharing arrangements, management responsibilities, and dispute-resolution procedures.
It’s not filed with the state, but it’s essential for opening business bank accounts and maintaining legal clarity among members.
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An Employer Identification Number (EIN) is required for:
Tax reporting
Hiring employees
Opening a business bank account
You can apply for free through the IRS website.
To maintain your LLC’s good standing, you must file an annual report with the North Dakota Secretary of State.
Fee: $50
Deadline: By November 15 each year
This ensures your business records remain current and compliant.
Certain industries, like farming or ranching, must meet additional filing requirements. If your LLC operates in these areas, you’ll need to provide ownership and land details in your filings.
Also, keep your registered agent’s information updated to avoid delays or penalties.
| Step | Fee | Notes |
|---|---|---|
| Name Reservation | $10 (optional) | Holds name for 1 year |
| Articles of Organization | $135 | Required to form LLC |
| Registered Agent | Varies | Must have physical ND address |
| Operating Agreement | N/A | Internal document |
| EIN | Free | IRS issued |
| Annual Report | $50 | Due yearly by November 15 |
Forming an LLC in North Dakota is a simple and affordable process that gives small business owners flexibility and legal protection. By reserving a name, filing your Articles of Organization, and keeping up with annual reports, you’ll ensure your LLC remains compliant and in good standing. North Dakota’s low fees and efficient filing system make it an appealing option for entrepreneurs ready to establish a strong business foundation in 2025.
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