How to Start an LLC in North Dakota

When you start your business in North Dakota, you'll need to pick a business structure. Many new business owners choose to form a limited liability company (LLC). An LLC has become a popular entity to form because it gives owners limited liability like a corporation, but it's easier to form and allows for more flexible taxation and management options.

You can follow the steps below to create an LLC in North Dakota. For more information on how to form an LLC in any state, check out our article on how to start an LLC. You can also use our online LLC formation service to register your LLC.

1. Choose a Name for Your North Dakota LLC

When selecting a business name for your North Dakota LLC, be sure you follow the state's laws around LLC names.

LLC name must be distinguishable. You must pick a name for your LLC's name that's distinguishable (different) from the names of other business entities already on file with the North Dakota Secretary of State (SOS). You can check which names have already been taken with the SOS's business search. (N.D. Cent. Code § 10-32.1-11 (2025).)

LLC name must include an entity designator. Under North Dakota law, an LLC must contain the words "limited liability company" or the abbreviation "L.L.C." or "LLC." (N.D. Cent. Code § 10-32.1-11 (2025).)

Name reservation. You can reserve an available name for 12 months by filing a Reserved Name Application with the SOS. File the application online using the SOS's FirstStop portal. You can renew the reservation. As of 2025, the filing fee for the application is $10. (N.D. Cent. Code § 10-32.1-12 (2025).)

Using a trade name. You don't have to use your LLC's official legal name registered in your articles of organization when you do business out in the real world. Instead, you can use a trade name, also called a "DBA" (short for "doing business as"), "assumed name," or "fictitious name." If you do use a name other than your business's legal name, you must register your trade name with the SOS. To register your name, file a Trade Name Registration with the SOS. You can file the registration online via the SOS's FirstStop portal. As of 2025, the fee to register a trade name is $25. (N.D. Cent. Code §§ 47-25-01 and following (2025).)

2. Appoint a North Dakota Registered Agent

Every North Dakota LLC must have an agent for service of process in the state—known as a "registered agent." A "registered agent" is an individual or business entity that agrees to accept legal papers on the LLC's behalf if it's sued. They must have a place of business in the state and accept the designation.

Your LLC's agent must be either a commercial registered agent or a noncommercial registered agent. Commercial registered agents must file a commercial registered agent listing statement with the SOS.

In North Dakota, a commercial or noncommercial registered agent can be either a:

• North Dakota resident
• North Dakota LLC or corporation, or
• foreign corporation or LLC authorized to do business in the state.

You can appoint yourself or another LLC member as the LLC's registered agent. Your agent must have a North Dakota address.

(N.D. Cent. Code §§ 10-01.1-01 and following (2025).)

3. File Articles of Organization With the SOS

You can create a North Dakota LLC by filing Articles of Organization with the SOS. Your articles must include the following information:

• the name of the LLC
• the name of the LLC's commercial registered agent or the name and address of the LLC's noncommercial registered agent
• the address of the LLC's principal executive office, and
• the name and address of each organizer.

(N.D. Cent. Code § 10-32.1-20 (2025).)

You can file your articles online using the SOS's FirstStop portal. You'll need to create an account before filing your formation paperwork online. As of 2025, the filing fee for North Dakota's Articles of Organization is $ 135.

4. Prepare an Operating Agreement

North Dakota, like most states, doesn't require LLCs to adopt an operating agreement. While your LLC isn't required to have an agreement, you should still create one. An operating agreement—like bylaws for a corporation—establishes the rules and procedures for how your LLC will operate, including your LLC's management structure.

This operating agreement should generally cover:

• the relations among the members as members and between the members and the LLC
• the rights and duties of managers
• the activities of the company and the conduct of those activities, and
• the means and conditions to amend the operating agreement.

(N.D. Cent. Code § 10-32.1-13 (2025).)

You don't need to file your operating agreement with the state but you should put it in writing.

Having an operating agreement for your LLC is important for several reasons:

• An operating agreement allows the LLC members to create their own rules for their company. In the absence of an agreement, the state's default rules under its Uniform LLC Act will govern the LLC's operations.
• An operating agreement can also help preserve your limited liability by showing that your LLC is truly a separate business entity from its owners.
• Investors and banks typically like to see an LLC's operating agreement when determining whether to invest or loan money to the company.

For help creating an LLC operating agreement, you can use our online LLC formation service.

5. Get an EIN and Comply With Tax and Regulatory Requirements

Other tax and regulatory requirements might apply to your LLC. For instance, your LLC might need to obtain an EIN, apply for business licenses and permits, and register for business taxes.

EIN. If your LLC has more than one member, it must obtain a federal employer identification number (EIN), even if it has no employees. If you form a single-member LLC, you must obtain an EIN for your LLC only if you'll have employees or you elect to have your LLC taxed as a corporation instead of a sole proprietorship (disregarded entity). You can obtain an EIN by completing an online EIN application on the IRS website. There's no filing fee.

Business licenses. North Dakota doesn't issue a general business license at the state level. But depending on your business activities and location, your LLC could need to obtain local and state business licenses. For local licenses, check with the clerk for the city or town where the LLC's primary place of business is located. For state license information, you can see a list of common licenses issued by the Attorney General and SOS under the Getting Licensed section of the SOS's Start a Business webpage.

Tax registration and filings. In some cases, for example, if you'll be selling goods and collecting sales tax or hiring employees, you'll need to register with the Office of the State Tax Commissioner (Tax Commissioner). You can register your LLC for most taxes online using the North Dakota Taxpayer Access Point (ND TAP). For more information on state LLC taxes, check out our article on LLC annual report and tax filing requirements in North Dakota.

FAQ About North Dakota LLCs

Here are some other questions you might have about your North Dakota LLC.

• Should I form an LLC in North Dakota?
• How much does it cost to form an LLC in North Dakota?
• Do I need to submit an annual report for my LLC in North Dakota?
• Are there any other maintenance requirements for North Dakota?
• Do I need an operating agreement for my North Dakota LLC?
• Can a foreign LLC do business in North Dakota?
• Can I form a single-member LLC in North Dakota?
• Can I form a professional LLC in North Dakota?
• How do I dissolve my LLC when I'm done?

Should I form an LLC in North Dakota?

If you're just starting your business or have already been operating as a sole proprietor, you should consider forming an LLC. LLCs limit an owner's personal liability for business debts and lawsuits and offer a lot of flexibility when it comes to ownership, management, and taxation of the business.

To learn more about LLCs and decide if it's the right business structure for you, see our article on LLC basics.

How much does it cost to form an LLC in North Dakota?

Below are the fees (as of 2025) you might need to pay to form your LLC in North Dakota:

• The SOS charges a fee of $135 to file the Articles of Organization.
• You can reserve your LLC name with the SOS for $10.

Filing on your own is often the cheapest option, but completing all of the forms and filing them yourself can be complicated. Hiring a lawyer is another option, but it will often cost you hundreds, if not thousands, of dollars in the process. If you'd like help completing all the filings, try our online LLC formation service.

To learn more about the costs associated with forming and running an LLC, see our article on how much it costs to form an LLC.

Do I need to submit an annual report for my LLC in North Dakota?

Yes. Every LLC must file an Annual Report with the SOS. The report is due every year by November 15.

You can file your annual report online using the SOS's FirstStop Portal. As of 2025, the fee to file an annual report for your LLC is $50.

(N.D. Cent. Code § 10-32.1-89 (2025).)

For more details, see our article on LLC annual reports and tax filing requirements in North Dakota.

Are there any other maintenance requirements for LLCs?

Apart from annual reports, your LLC will need to file and pay applicable taxes to the local, state, and federal governments. In addition, your LLC might need to obtain and periodically renew any required general or special business licenses or permits. You'll be responsible for keeping track of these maintenance requirements to keep your LLC in good standing and legally compliant.

Starting in 2024, all LLCs were previously required to submit a beneficial ownership information (BOI) report to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of Treasury. However, in March 2025, after some constitutional challenges, FinCEN revised the BOI reporting rule so that the requirement only applies to companies created outside the U.S. So, if you form your LLC within the U.S., then you no longer need to worry about the BOI reporting requirement.

Do I need an operating agreement for my North Dakota LLC?

You're not required to have an operating agreement for your LLC in North Dakota. Though, it's highly advisable to have one. An operating agreement can help protect your limited liability status, prevent financial and managerial misunderstandings among members, and ensure that you choose the rules that govern your business instead of your state's default rules.

Can a foreign LLC do business in North Dakota?

Yes. To do business in North Dakota, all LLCs organized outside of the state (called "foreign LLCs") must register with the SOS. Your foreign LLC must appoint a registered agent for service of process that's physically located in North Dakota.

To register, file a Certificate of Authority Application with the SOS. Along with the application, you must submit a certificate of existence or good standing (or a similar document) from the foreign LLC's home state.

You can file the application online using the SOS's FirstStop Portal. As of 2025, the filing fee to register your foreign LLC in North Dakota is $135.

Before filing, make sure your LLC's name is available in North Dakota by using the SOS's business search. If the name isn't available, your foreign LLC must adopt a trade name for use in North Dakota and file a trade name registration with the SOS.

(N.D. Cent. Code §§ 10-32.1-72 and following (2025).)

See our article on qualifying to do business outside your state for more guidance.

Can I form a single-member LLC in North Dakota?

Yes. For most formation purposes, a North Dakota single-member LLC is considered the same as a multi-member LLC. The steps to form a single-member LLC in North Dakota are generally the same as those listed above.

Single-member LLCs do have additional flexibility when it comes to filing a tax return. To learn more, see our article on how single-member LLCs pay federal income tax.

Yes. If you provide a licensed professional service in North Dakota and want to form an LLC, you can form a professional LLC (PLLC). For example, architects, attorneys, dentists, and certified public accountants provide professional services. In general, if you or your business need a license, certification, or other legal authorization to provide a service, then you provide a professional service.

You can form a PLLC by submitting Professional LLC Articles of Organization to the SOS. You can submit your articles online through the FirstStop Portal. You must include a certificate from your regulating board that the LLC's members are authorized to practice the profession in North Dakota.

Your LLC members must include only those who are licensed to practice the same professional service as the PLLC, nonlicensed employees, and minority owners. If you have minority owners who aren't licensed, then you must also submit a certificate from the LLC identifying the minority owners and the express law that allows your PLLC to have minority ownership.

(N.D. Cent. Code §§ 10-31-01 and following (2025).)

How do I dissolve my LLC when I'm done?

If you reach the point where it's time to close your business and cease all operations, then you'll want to properly dissolve your LLC to limit your liability for lawsuits and government fees. To dissolve an LLC in North Dakota, you should:

• have the consent of all the LLC members (or another occurrence listed in your operating agreement must happen)
• discharge and settle the LLC's debts, obligations, and other liabilities
• settle and close the LLC's activities
• distribute the company's remaining assets, and
• file Articles of Dissolution with the SOS.

(N.D. Cent. Code §§ 10-32.1-50 and following (2025).)

You'll also need to close your tax accounts and take any other steps necessary to close out your business. See our article on what you need to do when closing your business for more in-depth information and guidance.