How to Form an LLC in North Dakota
Form Your LLCNorth Dakota LLC at a glance
Why form an LLC in North Dakota?
A North Dakota LLC gives you personal liability protection, a flexible tax structure, and a straightforward formation process. Your personal finances are separate from your business — so if your LLC faces a lawsuit or debt, your personal assets generally aren't on the hook.
North Dakota has a relatively low cost of doing business and a state government that actively supports new businesses through programs and incentives. The LLC structure is the most common choice for entrepreneurs here because it combines liability protection with pass-through taxation, meaning the business itself doesn't pay federal income tax — profits and losses flow through to your personal return.
North Dakota doesn't require a publication step after formation, which keeps the process simpler than states like New York or Nebraska.
How much does it cost to form an LLC in North Dakota?
The state filing fee to form an LLC in North Dakota is $135, paid to the North Dakota Secretary of State when you file your Articles of Organization. That's the baseline cost every LLC pays. Beyond the state fee, your total cost depends on whether you hire a registered agent service, need a business license, or want an attorney to review your operating agreement.
North Dakota also requires LLCs to file an annual report. The fee for that report is [ANNUAL_REPORT_FEE] and it's due [ANNUAL_REPORT_DUE_DATE] each year. Missing the deadline can put your LLC out of good standing with the state.
The table below breaks down the common costs you'll encounter when forming and maintaining a North Dakota LLC.
How do you form an LLC in North Dakota?
Forming an LLC in North Dakota takes 6 steps: choose a name, appoint a registered agent, file your Articles of Organization, create an operating agreement, apply for an EIN, and get any required licenses. Most of the process happens online through the North Dakota Secretary of State's FirstStop portal.
Here's what each step involves.
What are the ongoing requirements for a North Dakota LLC?
After your North Dakota LLC is formed, you need to meet a few ongoing requirements to stay in good standing. The most important is the annual report, which is due [ANNUAL_REPORT_DUE_DATE] each year and carries a fee of [ANNUAL_REPORT_FEE]. Filing it on time keeps your LLC active with the state.
Beyond the annual report, you'll need to maintain a registered agent with a North Dakota address, keep your business information current with the Secretary of State, and meet any federal and state tax obligations. If your LLC has employees, payroll tax requirements apply.
North Dakota LLCs are also subject to state income tax on any income earned in North Dakota. A tax professional can help you figure out what applies to your specific situation.
What other types of LLCs can you form in North Dakota?
North Dakota recognizes 2 additional LLC types beyond the standard domestic LLC: Professional LLCs and Foreign LLCs.
A Professional LLC (PLLC) is for licensed professionals — things like attorneys, accountants, engineers, and healthcare providers. The formation process is similar to a standard LLC, but members must hold the required professional license in North Dakota.
A Foreign LLC is for businesses already formed in another state that want to do business in North Dakota. You don't form a new LLC — you register your existing LLC with the North Dakota Secretary of State by filing a Certificate of Authority and paying the applicable fee. This is required if your out-of-state LLC has a physical presence, employees, or regular business activity in North Dakota.
FAQ
How long does it take to form an LLC in North Dakota?
It depends on how you file and the Secretary of State's current processing volume. Online filings through the FirstStop portal are generally processed faster than paper filings. Standard processing time is [PROCESSING_TIME]. If you need your LLC approved sooner, check whether North Dakota offers an expedited filing option and what the additional fee is.
Do I need an operating agreement for my North Dakota LLC?
No. North Dakota doesn't require LLCs to have an operating agreement. But having one is worth it. An operating agreement defines how your LLC is managed, how profits are split, and what happens if a member leaves. Without one, your LLC defaults to North Dakota's standard LLC statutes — which may not match how you want to run your business. For single-member LLCs, it also helps demonstrate that your business is a separate legal entity.
Does North Dakota require a registered agent for an LLC?
Yes. Every North Dakota LLC must have a registered agent with a physical street address in North Dakota. The registered agent receives legal documents and official state notices on behalf of your LLC. You can serve as your own registered agent if you have a qualifying North Dakota address, or you can use a registered agent service. A P.O. box doesn't qualify as a registered agent address.
What are common LLC mistakes to avoid in North Dakota?
The mistakes that come up most often are: choosing a business name that's already taken or doesn't include a required LLC designator, missing the annual report deadline and falling out of good standing, not getting an EIN before trying to open a business bank account, and skipping the operating agreement. Getting these right from the start saves time and paperwork later.
Can I be my own registered agent in North Dakota?
Yes. You can serve as your own registered agent in North Dakota as long as you have a physical street address in the state and are available during normal business hours to receive legal documents. The trade-off is that your address becomes part of the public record. Many business owners use a registered agent service to keep their personal address private and make sure nothing gets missed.
Does North Dakota have a state income tax for LLCs?
It depends on how your LLC is taxed. By default, a single-member LLC is taxed as a sole proprietorship and a multi-member LLC is taxed as a partnership — in both cases, income passes through to the members' personal returns, which are subject to North Dakota's individual income tax rates. If your LLC elects to be taxed as a corporation, corporate tax rates apply. A tax professional can help you figure out the right structure for your situation.
Ready to form your North Dakota LLC?
We handle your North Dakota LLC paperwork — for $0 plus the $135 state fee. That includes filing your Articles of Organization and a free first year of registered agent service. Get started today and have your LLC formation underway without the back-and-forth.