How to Form an LLC in North Dakota

Co-authored by Clinton M. Sandvick, JD, PhD

Last Updated: October 11, 2022 References

If you want to form a business in North Dakota, a Limited Liability Corporation (LLC) is a popular choice. In terms of taxes, it’s like a partnership or sole-owned business. At the same time, however, it has the limited liability of a corporation. The steps to forming an LLC in North Dakota are quite straightforward and are carried out through the Office of the Secretary of State.

Part 1

Part 1 of 3:

Choosing Your Name

1
Choose the name of your LLC. Make sure to choose a name that will serve your industry well and help you start the building of a brand. It will need to include “LLC” in the title. Think of at least one backup name in case your first choice has been taken. It cannot be any of the following:^{[1]
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- Only a first and last name
- Contain any of these words: bank, banker, banking, trust, or trust company
If you fear that your name has already been taken, you can search for the key words in your proposed name in the North Dakota LLC Database at: https://apps.nd.gov/sc/busnsrch/busnSearch.htm.
Fill out forms SFN 59250 and SFN 13410, available on the website listed below. Be sure to include your $10.00 filing fee.^{[2]
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The fax number is: 701-328-2992 with credit card (VISA, MasterCard, or Discover) payment authorization. The address is: Business Division, Secretary of State, State of North Dakota, 600 E Boulevard Ave Dept 108 Bismarck ND 58505-0500

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Part 2

Part 2 of 3:

Filing Papers to Begin Your Business

You can find the form at: http://www.nd.gov/eforms/Doc/sfn58701.pdf. This allows your business to exist. The form asks for your address, your business’ address, a registered agent, and when you want your business name to be valid. There is also room to fill in if there are more people involved in the LLC -- their names and addresses will be on the form as well.^{[3]
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The document requires a $135 filing fee -- if you send it in, you can use a personal check, made out to the Secretary of State. The address is: Business Division, Secretary of State, State of North Dakota, 600 E Boulevard Ave Dept 108 Bismarck ND 58505-0500. For a fax, the number is: 701-328-2992 with credit card (VISA, MasterCard, or Discover) payment authorization.^{[4]
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You will have to wait an estimated time of 5 to 7 business days for your form to process. Once completed, you will be notified via standard mail of the acceptance of your LLC.

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Part 3

Part 3 of 3:

Finishing Your Filing

This agent -- a person or business -- would be the one to accept papers on behalf of the business if it were to be sued. The registered agent would need a physical address in the state.^{[5]
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2
Create an operating agreement. Even though it’s not required, it can be enormously helpful in structuring your business. The operating agreement will include the way the company is organized, its finances and how they will be allocated, as well as the rules and regulations. It is extremely helpful if you have many people involved in the business. An operating agreement is essentially the handbook for the business and explains how it is and will be run. The sections of an operating agreement could include:^{[6]
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U.S. Small Business Administration
U.S. government agency focused on supporting small businesses

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- Company formation
- Capital contributions
- Profits, losses, and distribution
- Management
- Compensation
- Bookkeeping
- Transfers^{[7]
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If you seek to have a business bank account or have more than 1 member in your LLC, you will have to apply for a tax identification or EIN number. You get these from the IRS and do not need to pay a fee. See the website below to apply online.^{[8]
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Internal Revenue Service
U.S. government agency in charge of managing the Federal Tax Code

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In North Dakota, retail stores that will be required to charge sales tax need to register with the Office of the State Tax Commissioner. There are also hotel taxes and city taxes (depending on where you live) if you are in a business or location that requires them. You can register at the website below.^{[9]
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