North Dakota LLC Filing Requirements and Fees

Filing fee: $135 (Articles of Organization)

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State agency: North Dakota Secretary of State — FirstStop portal

Annual report due: November 15 each year; $50 filing fee

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

Forming an LLC in North Dakota requires filing Articles of Organization with the North Dakota Secretary of State and paying a $135 state fee. Beyond that initial filing, you'll need a registered agent with a physical North Dakota address, an annual report due every November 15 for $50, and depending on your business type, one or more local licenses or permits.

Articles of Organization and the $135 state fee

To form a North Dakota LLC, you file Articles of Organization with the North Dakota Secretary of State and pay the $135 state registration fee. Filing is done through the Secretary of State's FirstStop online portal, which is the fastest route. You can also file by mail using the state form, though online filing is the more common path.

Your Articles of Organization need to include your LLC's name, the name and address of your registered agent, and the names of the organizers. North Dakota law governing LLCs sits in Chapter 10-32.1 of the North Dakota Century Code. If you need to amend your Articles of Organization later, the state charges a separate $50 amendment fee.

One thing worth knowing: if you want to lock in your business name before you're ready to file, North Dakota lets you reserve it for $10. It's optional, but useful if you're still getting your paperwork together.

Registered agent requirement

Every North Dakota LLC must maintain a registered agent with a physical street address in the state. A P.O. box doesn't satisfy this requirement. The registered agent receives service of process and official legal notices on behalf of your LLC and must be available at that address during normal business hours.

Your registered agent can be an individual North Dakota resident or a business entity authorized to provide registered agent services in the state. If you use a commercial registered agent service, expect to pay an annual fee — third-party providers in North Dakota typically charge somewhere between $80 and $300 per year depending on the provider and what's included.

Annual report requirement and $50 fee

North Dakota requires all LLCs — domestic and foreign — to file an annual report with the Secretary of State each year to stay in good standing. The filing fee is $50, and the deadline is November 15. Your first annual report is due in the calendar year after your LLC is approved.

The November 15 deadline catches some new business owners off guard, especially those used to states with spring deadlines. Mark it early — missing the annual report can put your LLC out of good standing with the state.

Employer Identification Number (EIN)

An Employer Identification Number (EIN) is a federal tax ID issued by the IRS. Every North Dakota LLC should get one. You'll need it to open a business bank account, file federal and state taxes, and hire employees. The IRS issues EINs at no cost — you can apply at irs.gov/ein.

Even if your LLC has no employees right now, an EIN keeps your Social Security number off business documents and makes it easier to open accounts and apply for credit down the road.

North Dakota business licenses and permits

North Dakota doesn't have a statewide general business license that applies to all LLCs. Licensing requirements come primarily from cities and municipalities. If your LLC operates within a North Dakota city, check with that city directly — local business license fees commonly run between $20 and $50 per year for standard business categories, though regulated industries can be higher.

Some industries — things like food service, childcare, construction, or healthcare — require state-level professional licenses or permits on top of any local requirements. The North Dakota Secretary of State's FirstStop portal is a good starting point for figuring out what applies to your specific business type.

Operating agreement

North Dakota doesn't require LLCs to have an operating agreement, but having one is still a good idea. An operating agreement sets out how your LLC is managed, how profits and losses are divided, and how decisions get made. Without one, your LLC falls back on North Dakota's default LLC rules, which may not reflect how you actually want to run your business.

For single-member LLCs, an operating agreement also helps reinforce that your business is a separate legal entity — which matters if your liability protection is ever questioned.

Foreign LLC registration

If your LLC was formed in another state but you want to do business in North Dakota, you need to register as a foreign LLC with the North Dakota Secretary of State. The registration fee is $135 — the same as forming a domestic LLC. You'll also need a registered agent with a North Dakota address and will be subject to the same $50 annual report requirement.