North Dakota LLC Formation: Requirements & Steps
Navigate North Dakota LLC formation with our comprehensive guide. Learn about filing requirements, registered agents, fees, and tax implications in ND.
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To form an LLC in North Dakota, file Articles of Organization with the Secretary of State, appoint a registered agent with a physical ND address, and pay the required filing fee.
Quick Answer: Forming an LLC in North Dakota
North Dakota's LLC framework is established in North Dakota Century Code (NDCC) Chapter 10-32.
- Confirm your business name is available and complies with NDCC §10-32-05.
- Appoint a registered agent with a physical North Dakota address (NDCC §10-32-09).
- File Articles of Organization with the North Dakota Secretary of State (ND SOS).
- Pay the filing fee. Consult the ND SOS fee schedule for the current amount.
- Draft an Operating Agreement. North Dakota does not require filing one.
- Obtain an Employer Identification Number (EIN) from the IRS if your LLC has more than one member, plans to hire employees, or elects corporate tax treatment.
- File annual reports with the ND SOS to maintain good standing (NDCC §10-32-150).
Step-by-Step Guide to North Dakota LLC Formation
Step 1: Choose and Confirm Your Business Name
Search the ND SOS business name database at sos.nd.gov to confirm your preferred name is available. The search is free. If the name is taken or too similar to an existing entity, you must choose a different name before filing.
Sources & Verification (4)
- 26 U.S.C. §7701 — IRS classification of business entities ('check-the-box' rules at Treas. Reg. §301.7701-3).
- FinCEN Beneficial Ownership Information Reporting (31 CFR §1010.380) — Corporate Transparency Act compliance.
- IRS Form SS-4 — Federal Employer Identification Number application (required for LLCs with employees or multi-member status).
- 26 U.S.C. §1361 — S-corporation election requirements for LLCs taxed as S-corps.
Last verified: June 7, 2026
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How we verify: 9 source adapters (FAA, DSIRE, IRS, OpenStates, etc.) → AI draft → AI editor → AI polish → spot human review.
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- LLC or Corporation? — Anthony Mancuso (Nolo)Best $25 decision tool for new business owners. Covers tax, liability, and state-specific filing tradeoffs.
- Form Your Own Limited Liability Company — NoloStep-by-step LLC formation guide with state-specific operating agreement templates included.
- Tax Savvy for Small Business — Frederick DailyWhat your CPA would tell you about LLC tax elections (S-corp, passthrough, etc.) if they had the time. Nolo.
- Single-Member LLCs — Nolo GuideSolo operator focused. Covers the pass-through tax paperwork and liability protection gotchas most state guides miss.
- Small Business Taxes For DummiesIf you need one book after filing — covers EIN/SS-4 paperwork, quarterly estimated taxes, state sales tax registration.