How to Start an LLC in North Dakota: Fees, Filings and Annual Requirements
Forming an LLC in North Dakota: the state filing fee, how to file, name rules, registered agent, annual report, state taxes, DBA and sales tax permit — from the official state sources.
Quick answers for North Dakota
- LLC filing fee
- The Secretary of State lists the LLC registration fee (articles of organization) as $135. By statute, filing articles of organization and issuing a certificate of organization costs one hundred thirty-five dollars. N.D. Cent. Code § 10-32.1-92(1); ND Secretary of State, Limited Liability Company (LLC) page
- Annual report
- LLCs file an annual report with the Secretary of State by November 15. The first report is due in the year after the calendar year the LLC was registered. The fee is $50. ND Secretary of State, LLC page and Maintain Registration (Annual Report); N.D. Cent. Code §§ 10-32.1-89, 10-32.1-92(25)
- How to file
- An LLC is created by filing articles of organization with the Secretary of State. After choosing a structure, a name and a registered agent, you go to "Start a Business" in the online FirstStop Portal to begin the registration. ND Secretary of State, Register a Business (Step 4: File in FirstStop)
Last verified: 2026-10-27
Forming the LLC
| LLC filing fee | The Secretary of State lists the LLC registration fee (articles of organization) as $135. By statute, filing articles of organization and issuing a certificate of organization costs one hundred thirty-five dollars. |
|---|---|
| How to file | An LLC is created by filing articles of organization with the Secretary of State. After choosing a structure, a name and a registered agent, you go to "Start a Business" in the online FirstStop Portal to begin the registration. The Secretary of State pages reviewed did not state a processing time. |
| Name rules and reservation | The name must contain the words "limited liability company" or the abbreviation "LLC" or "L.L.C." Words such as "bank," "banker," "banking," "trust" or "trust company" need written approval from the Department of Financial Institutions. You can reserve an available name for up to 1 year by filing a Reserved Name Application in the FirstStop Portal; by statute the reservation fee is ten dollars, the reservation lasts twelve months, and it may be renewed for successive twelve-month periods. |
| Registered agent | LLCs must maintain a North Dakota registered agent with a physical address in North Dakota. A business may not serve as its own registered agent, but an individual from the business who lives in North Dakota can serve as a noncommercial registered agent. You must get the agent's approval before naming them. The fee to change a registered agent or office is $10 (per entity when the agent is a noncommercial agent). |
| Operating agreement | North Dakota law defines an operating agreement as the agreement of all the members, including a sole member, whether oral, in a record, implied, or any combination of these. No provision requiring an operating agreement to be filed with the Secretary of State was found in the pages reviewed. Source: N.D. Cent. Code § 10-32.1-02(36) |
Keeping the LLC in good standing
| Annual report | LLCs file an annual report with the Secretary of State by November 15. The first report is due in the year after the calendar year the LLC was registered. The fee is $50. By statute, a late report adds a fifty-dollar late fee, and after the LLC is terminated for not filing, reinstatement costs one hundred thirty-five dollars. A business that does not file is placed in Not Good Standing and is typically terminated if the past-due report is not filed within 6 to 12 months. |
|---|---|
| Sales tax permit | Sellers of taxable tangible personal property, admissions to recreational activities, and lodging rentals must get a sales and use tax permit from the Office of State Tax Commissioner, applying through ND TAP. The Tax Commissioner suggests applying 30 days before opening. Permits are not transferable when you buy an existing business. The page reviewed does not state a permit fee. |
| DBA / assumed name | A trade name (DBA) is registered with the Secretary of State through the FirstStop Portal. Registration costs $25 and must be renewed every 5 years (renewal $25). An out-of-state LLC using a name other than its LLC name must also file a trade name registration. |
Out-of-state LLCs and closing
| Registering an out-of-state LLC | An out-of-state LLC must obtain a certificate of authority from the Secretary of State before transacting business in North Dakota. The fee is $135 (listed by the Secretary of State as "Registration (domestic and foreign) - $135"). |
|---|---|
| Closing an LLC | A domestic LLC files dissolution/termination with the Secretary of State; the fee is $20. By statute, filing articles of dissolution and termination costs twenty dollars, and filing a notice of dissolution costs ten dollars. A foreign LLC withdrawal is $20. |
Where to get help in North Dakota
Starting an LLC & Small Business FAQ
How much does it cost to form an LLC in North Dakota?
The Secretary of State lists the LLC registration fee (articles of organization) as $135. By statute, filing articles of organization and issuing a certificate of organization costs one hundred thirty-five dollars.
How do you form an LLC in North Dakota?
An LLC is created by filing articles of organization with the Secretary of State. After choosing a structure, a name and a registered agent, you go to "Start a Business" in the online FirstStop Portal to begin the registration.
What are the LLC name requirements in North Dakota?
The name must contain the words "limited liability company" or the abbreviation "LLC" or "L.L.C." Words such as "bank," "banker," "banking," "trust" or "trust company" need written approval from the Department of Financial Institutions. You can reserve an available name for up to 1 year by filing a Reserved Name Application in the FirstStop Portal; by statute the reservation fee is ten dollars, the reservation lasts twelve months, and it may be renewed for successive twelve-month periods.
Do you need a registered agent for an LLC in North Dakota?
LLCs must maintain a North Dakota registered agent with a physical address in North Dakota. A business may not serve as its own registered agent, but an individual from the business who lives in North Dakota can serve as a noncommercial registered agent. You must get the agent's approval before naming them. The fee to change a registered agent or office is $10 (per entity when the agent is a noncommercial agent).
Does an LLC have to file an annual report in North Dakota?
LLCs file an annual report with the Secretary of State by November 15. The first report is due in the year after the calendar year the LLC was registered. The fee is $50. By statute, a late report adds a fifty-dollar late fee, and after the LLC is terminated for not filing, reinstatement costs one hundred thirty-five dollars. A business that does not file is placed in Not Good Standing and is typically terminated if the past-due report is not filed within 6 to 12 months.
Is an operating agreement required in North Dakota?
North Dakota law defines an operating agreement as the agreement of all the members, including a sole member, whether oral, in a record, implied, or any combination of these. No provision requiring an operating agreement to be filed with the Secretary of State was found in the pages reviewed.
How do you register a DBA in North Dakota?
A trade name (DBA) is registered with the Secretary of State through the FirstStop Portal. Registration costs $25 and must be renewed every 5 years (renewal $25). An out-of-state LLC using a name other than its LLC name must also file a trade name registration.
How do you get a sales tax permit in North Dakota?
Sellers of taxable tangible personal property, admissions to recreational activities, and lodging rentals must get a sales and use tax permit from the Office of State Tax Commissioner, applying through ND TAP. The Tax Commissioner suggests applying 30 days before opening. Permits are not transferable when you buy an existing business.
How do you register a foreign LLC in North Dakota?
An out-of-state LLC must obtain a certificate of authority from the Secretary of State before transacting business in North Dakota. The fee is $135 (listed by the Secretary of State as "Registration (domestic and foreign) - $135").
How do you dissolve an LLC in North Dakota?
A domestic LLC files dissolution/termination with the Secretary of State; the fee is $20. By statute, filing articles of dissolution and termination costs twenty dollars, and filing a notice of dissolution costs ten dollars. A foreign LLC withdrawal is $20.
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