How to Name Your North Dakota LLC

Filing fee: $135 (Articles of Organization, online)

Processing time: [PROCESSING_TIME]

State agency: North Dakota Secretary of State — FirstStop Portal

Annual report due: November 15 each year

State tax rate: No state income tax on pass-through LLC income at the entity level; individual members pay North Dakota state income tax on their share

North Dakota law requires every LLC name to include a designator that identifies it as a limited liability company. You can use the full phrase "limited liability company" or the abbreviations "LLC" or "L.L.C." The name must also be distinguishable from every other business entity already on file with the North Dakota Secretary of State.

North Dakota does not layer on many additional naming rules beyond the general requirements, which makes the process more straightforward than in some other states. The name must use letters or characters from the English language as they appear in the ASCII character set — special characters outside that set won't be accepted.

One thing that catches people off guard: the words "limited" and "company" can't stand alone in your name. If you use either word, it must appear as part of the full phrase "limited liability company." A name like "Prairie Limited" would be rejected; "Prairie Limited Liability Company" or "Prairie LLC" would not.

Before you file anything, check whether your proposed name is already taken. North Dakota LLC name availability is checked through the Secretary of State's FirstStop Business Search at firststop.sos.nd.gov. Enter your proposed name, review the results, and confirm no active entity is using the same or a confusingly similar name.

The search results show each matching entity's name, type, Secretary of State control ID, status, standing, and initial filing date. Use the Advanced search option to filter by whether the name "contains" or "starts with" your text, and to limit results to active entities only — that gives you a cleaner picture of what's actually in use.

Running this search before you file saves you from having the Secretary of State reject your Articles of Organization because the name conflicts with an existing registration.

North Dakota restricts certain words in LLC names. Your name can't suggest a different business structure — for example, using words that imply the business is a corporation when it's actually an LLC. The name also can't indicate the business is engaged in anything other than a lawful purpose.

• "Bank," "banking," and similar terms generally require approval from the state banking authority before use in an LLC name
• "Insurance" and "insurer" typically require approval from the state insurance regulator
• Words that imply a different entity type — like "corporation" or "incorporated" — are not allowed in an LLC name
• "Limited" and "company" can't appear alone; they must be part of the full phrase "limited liability company"

If your business idea involves a regulated industry like banking or insurance, check with the relevant state authority before settling on a name — getting approval can add time to your formation timeline.

If you want to run your North Dakota LLC under a name that's different from its legal name, you need to register a trade name — also called a DBA (doing business as). North Dakota requires any LLC doing business under a trade name to register that name with the Secretary of State.

Trade name registration is handled through the FirstStop Portal using form SFN 13401 (Trade Name Registration or Franchise Name Disclosure). You can file online, by mail, or by fax. The filing fee is $25 regardless of how you submit.

Before filing, search the FirstStop Business Search and the Secretary of State's Trademark Search to confirm no other business is already using the same or a confusingly similar trade name. A registered trade name gives your LLC the exclusive right to that name in North Dakota.

If you've found an available name but aren't ready to file your Articles of Organization yet, North Dakota lets you reserve the name for 12 months by filing a name reservation application with the Secretary of State. Reservation is optional — you can also lock in the name by filing your Articles of Organization directly if the name is available.

Name reservation is worth considering if you're still working through your business plan or waiting on a co-founder. It holds your spot without committing you to the full formation filing. Once you're ready, file your Articles of Organization through the FirstStop Portal to make the name official.

Getting your name approved by the North Dakota Secretary of State doesn't mean you're clear of trademark conflicts. State registration and federal trademark rights are separate systems. A business with an earlier federal trademark can stop your LLC from using a confusingly similar name in commerce — even after the Secretary of State has accepted your filing.

Before you commit to a name, search the USPTO's Trademark Electronic Search System (TESS) at tmsearch.uspto.gov for identical or similar marks in related goods and services categories. The USPTO looks at whether marks are similar in sound, appearance, or meaning — not just exact matches — so cast a wide net when you search.

If you find a potential conflict, talk to a legal professional before filing. Rebranding after formation is far more disruptive than catching the issue before you file.