How to Form an LLC in North Dakota

Every new business registration must have a name that is available, meaning it is not registered to another entity in North Dakota already. A business name will not be approved if it is too similar to another registered name. Use the state’s Business Search to check whether a proposed name is available.

2. Choose an LLC Type

Only online filing is available in North Dakota.

Domestic LLC – For an LLC located within North Dakota.

Foreign LLC – For an LLC located outside North Dakota.

3. Post-Formation

Once the paperwork has been processed, the next steps are to complete the following forms:

Name Reservation

An LLC name can be reserved for 12 months, and the reservation can be renewed if by the time the period is over the LLC still has not been formally registered (§ 10-32.1-12).

Renewing an LLC (Annual Report)

Filing fee: $50

An LLC in North Dakota must file an annual report before November 15 of each year (§ 10-32.1-89). The first report is due the year following the calendar year in which the LLC was formed.

Dissolving an LLC

Filing fee: $20

An LLC is wound up when a notice of dissolution is filed with the secretary of state (§ 10-32.1-51).

Statutes

“LLC Operating Agreement” Definition

“Operating agreement” means the agreement, whether or not referred to as an operating agreement and whether oral, in a record, implied, or in any combination thereof, of all the members of a limited liability company, including a sole member, concerning the matters described in subsection 1 of section 10-32.1-13 and includes the operating agreement as amended or restated.