How to Register an LLC in North Dakota (2026 Filing Guide)
To register an LLC in North Dakota, you file Articles of Organization with the North Dakota Secretary of State through the FirstStop online portal. The state filing fee is $135. Online filings are typically processed in about 5 business days, though total turnaround can stretch to a few weeks during peak periods, and North Dakota offers no expedited processing option. Once approved, you will still need an EIN from the IRS and a registered agent with a physical North Dakota address, plus an annual report filed every year by November 15 for $50.
AnyWhereFormations handles this filing end to end for founders who would rather not manage state portals and deadlines themselves. Below is the full process if you want to understand each step, or to file it yourself.
What You Need Before You File
- A business name that is distinguishable from every other entity on record with the North Dakota Secretary of State and includes “limited liability company,” “LLC,” or “L.L.C.”
- A registered agent with a physical North Dakota street address, not a P.O. box
- A principal office street address for the LLC
- A decision on member-managed versus manager-managed structure
- The name and address of the organizer filing the paperwork
- A payment method for the $135 state fee
Steps to Register a North Dakota LLC
1. Check name availability
Search the North Dakota Secretary of State’s Business Records Search through FirstStop to confirm your desired name is distinguishable from existing businesses on record under N.D. Cent. Code Section 10-32.1-11. A different designator alone does not make two names distinguishable. Words implying a government connection are prohibited, and terms like “bank” or “trust” need approval from the North Dakota Department of Financial Institutions first. You can reserve a name for 12 months for $10 if you are not ready to file yet.
2. Appoint a registered agent
North Dakota requires every LLC to maintain a registered agent with a physical street address in the state, available during normal business hours to accept legal documents. This can be yourself, another member, or a commercial registered agent service. Using a commercial service keeps your personal address off the public record, which matters most for founders who do not have a North Dakota address, including international founders. No separate consent form is needed; you simply list the agent’s name and address in the Articles of Organization.
3. File the Articles of Organization
Submit your Articles of Organization online through FirstStop, or by mail with a check or money order to the Secretary of State’s Bismarck office (credit cards are not accepted by mail). You will list the LLC name, principal office address, registered agent information, management structure, organizer details, and an optional effective date up to 90 days out. The filing fee is $135. North Dakota does not offer expedited processing, so an accurate, complete filing the first time is the only way to avoid delays.
4. Draft an operating agreement
North Dakota does not legally require an operating agreement, so without one your LLC is governed by the state’s default rules under the North Dakota Century Code, which may not reflect what members actually agreed to. A written agreement sets your own terms for ownership, profit allocation, and decision-making, and banks frequently ask for one before opening an account.
5. Get a federal EIN
Apply for an Employer Identification Number directly from the IRS at no cost; North Dakota does not issue a separate state tax ID, so your EIN is the primary identifier for most filings. Founders without a US Social Security Number can still get an EIN by submitting Form SS-4 by fax rather than through the online IRS system.
6. Register for North Dakota state taxes if applicable
If your LLC sells taxable tangible goods, charges admissions, or rents lodging, register for a sales tax permit through ND TAP (North Dakota Taxpayer Access Point) at least 30 days before opening. North Dakota’s state sales tax rate is 5 percent. Employers hiring in the state also need to register for an income tax withholding account through ND TAP.
7. Open a business bank account
Keep business funds separate from personal funds to preserve your LLC’s liability protection. Banks typically ask for your Certificate of Organization and EIN confirmation.
8. File your annual report
North Dakota requires an annual report every year by November 15, filed through FirstStop for $50. Miss the deadline and your LLC loses good standing; the fee rises to $100 if filed by the following May 15, and missing that date can lead to involuntary termination of the LLC.
How Long Does North Dakota LLC Approval Take?
Online filings through are generally processed in about 5 business days, for a total turnaround of roughly 1 to 2 weeks once you account for review and confirmation. Mail filings take about the same processing time once received, but total turnaround stretches to 2 to 3 weeks with transit time, and credit cards are not accepted by mail. North Dakota does not offer any expedited processing tier, and filing volume around the start of the year can push approval closer to 4 weeks, so an error-free filing the first time matters more here than in states with a paid rush option.
Foreign Founders and International Applicants
North Dakota does not require an LLC owner or organizer to be a US citizen or resident for a standard LLC. International founders commonly use a commercial registered agent for the required in-state address and apply for an EIN by fax using Form SS-4 rather than the SSN-gated online IRS application. AnyWhereFormations manages both of these steps directly for non-resident founders.
Special North Dakota LLC Types
North Dakota recognizes several LLC categories with distinct rules beyond a standard LLC: Farming or Ranching LLCs (limited to related members, with income and citizenship restrictions), Authorized Livestock Farm LLCs (for qualifying livestock operations, capped at 160 acres), Professional LLCs for licensed professions such as law, medicine, or accounting, and series LLCs for owners managing multiple distinct lines of business under one parent entity. If your business fits one of these categories, a standard LLC filing may not be the right structure, and additional board or state approval can apply.
FAQ
How much does it cost to register an LLC in North Dakota?
The state filing fee for Articles of Organization is $135. Add the $50 annual report fee due every year by November 15 to stay in good standing.
Do I need a registered agent in North Dakota?
Yes. Every North Dakota LLC must maintain a registered agent with a physical North Dakota street address, available during normal business hours to accept legal documents on the LLC’s behalf.
Can a non-US resident form a North Dakota LLC?
Yes, for a standard LLC. North Dakota does not require LLC owners or organizers to be US citizens or residents. Non-residents typically use a commercial registered agent for the required in-state address and apply for an EIN by fax if they do not hold a Social Security Number.
Is an operating agreement required in North Dakota?
No, but without one your LLC is governed by North Dakota’s default statutory rules rather than terms you and your members actually agreed to. Most owners draft one regardless, and banks often request it.
When is the North Dakota LLC annual report due?
North Dakota LLC annual reports are due every year by November 15, with a $50 filing fee. Missing that date raises the fee to $100 if filed by the following May 15, and continued non-filing can lead to involuntary termination.
How long does it take to form an LLC in North Dakota?
Online filings are generally processed in about 5 business days, for a total turnaround near 1 to 2 weeks. North Dakota offers no expedited processing option, and volume can push timelines to about 4 weeks during peak periods.
File Your North Dakota LLC With AnyWhereFormations
AnyWhereFormations prepares and files your Articles of Organization, sets up your registered agent, secures your EIN, and keeps your annual report on schedule so your LLC stays in good standing. This is built for founders, including those outside the US, who want the entity formed correctly the first time without learning North Dakota’s filing system themselves.
