How to Start an LLC in North Dakota: Step-by-Step Guide
Last Updated:byTRUiC Team
To form aNorth Dakota LLC, you'll need to file the Articles of Organization with the North Dakota Secretary of State, which costs $135. You can only apply online.
Follow our step-by-stepHow to Start an LLC in North Dakotaguide to get started today.
- Name Your North Dakota LLC
- Choose a Registered Agent in North Dakota
- File the North Dakota Articles of Organization
- Create an Operating Agreement
- Get an EIN
Learn more about LLCs and their benefits in our118bet金博宝
guide. To form an LLC in any state, visit ourHow to Set Up an LLCguide.
Step 1: Name Your North Dakota LLC
Choosing a company name is the first and most important step in starting your LLC. Be sure to choose a name that complies with North Dakota naming requirements and is easily searchable by potential clients.
1. Follow the naming guidelines:
- Your name must include the phrase “limited liability company” or one of its abbreviations (LLC or L.L.C.).
- Your name cannot include words that could confuse your LLC with a government agency (FBI, Treasury, State Department, etc.).
- Restricted words (e.g. Bank, Attorney, University) may require additional paperwork and a licensed individual, such as a doctor or lawyer, to be part of your LLC.
2. Is the name available in North Dakota?Make sure the name you want isn't already taken by doing aNorth Dakota LLC Searchon the Secretary of State's website.
To learn more aboutsearching for a North Dakota LLC name, read our full guide. Find name ideas using our free LLCname generator.
3. Is the URL available?We recommend that you check to see if your business name is available as a网络域. Even if you don't plan to make a business website today, you may want to buy the URL in order to prevent others from acquiring it.
Once you have verified your name is available, you may now select a professional service to complete the LLC formation process for you.
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FAQ: Naming a North Dakota LLC
What is an LLC?
LLC is short for “limited liability company.” It is a simple business structure that offers more flexibility than a traditional corporation while providing many of the same benefits. Read our118bet金博宝 guide for more information.
Or, watch our two-minute video:What is an LLC?
How do I name my North Dakota LLC?
You must follow the North Dakota LLC naming guidelines when choosing a name for your LLC:
- Include the phrase "limited liability company" or one of its abbreviations (LLC or L.L.C.).
- Do not use words that could confuse your business with a government agency (FBI, State Department, CIA, etc.).
- Receive the proper licensing when using the words such as lawyer or doctor.
If you are having trouble coming up with a name for your LLC, use ourLLC Name Generator. That will not only find a unique name for your business but an available URL to match.
After you get your business name, get a unique logo using ourFree Logo Generator.
Do I need to get a DBA or trade name for my business?
Most LLCs do not need a DBA or trade name. The name of the LLC can serve as your company’s brand name and you can accept checks and other payments under that name as well. However, you may wish to register a DBA if you would like to conduct business under another name.
To learn more about DBAs in your state, read ourHow to File a DBAguide.
Step 2: Choose a Registered Agent in North Dakota
You arerequiredto nominate aNorth Dakota registered agentfor your LLC.
What is a registered agent?A registered agent is an individual or business entity responsible for receiving important legal documents on behalf of your business. Think of your registered agent as your business's point of contact with the state.
Who can be a registered agent?A registered agent must be a resident of North Dakota or a corporation, such as aregistered agent service, authorized to transact business in North Dakota. You may elect an individual within the company including yourself.
Recommended:Check out thesebest registered agent services.
FAQ: Nominating a Registered Agent
Can I be my own Registered Agent?
Yes. You or anyone else in your company can serve as the registered agent for your LLC.
Read more aboutbeing your own registered agent.
Is a Registered Agent service worth it?
Using a professional Registered Agent service is an affordable way to manage government filings for your LLC. For most businesses, the advantages of using a professional service significantly outweigh the annual costs.
For more information, read our article onNorth Dakota registered agents.
Step 3: File the North Dakota LLC Articles of Organization
To register your North Dakota LLC, you will need to file theArticles of Organizationwith the Secretary of State. This can be done online.
Now is a good time to determine whether your LLC will bemember-managed vs. manager-managed.
File the Articles of Organization
For help with completing the form, visit ourNorth Dakota Articles of Organizationguide.
If you’re expanding your existing LLC to the state of North Dakota, you will need to form aforeign LLC.
FAQ: Filing North Dakota LLC Documents
What is the processing time to form my North Dakota LLC?
Business filings can take up to four weeks.
What is the difference between a domestic LLC and foreign LLC?
An LLC is referred to as a "domestic LLC" when it conducts business in the state where it was formed. Normally when we refer to an LLC we are actually referring to a domestic LLC. A foreign LLC must be formed when an existing LLC wishes to expand its business to another state.
Read ourWhat Is a Foreign LLCarticle to learn more.
How much does it cost to start a North Dakota LLC?
The cost to start a North Dakota LLC is $135.
To learn more, read our guide on thecost to form a North Dakota LLC.
Step 4: Create a North Dakota LLC Operating Agreement
In North Dakota, LLCs are not required to have an operating agreement, but it's a good practice to have one.
What is an operating agreement?An operating agreement is a legal document outlining the ownership and operating procedures of an LLC.
Why are operating agreements important?A comprehensive operating agreement ensures that all business owners are on the same page and reduces the risk of future conflict.
For more information on operating agreements, read ourNorth Dakota LLC operating agreementguide.
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FAQ: Creating a North Dakota LLC Operating Agreement
Do I need to file my operating agreement with the state?
No. The operating agreement is an internal document that you should keep on file for future reference. However, many states do legally require LLCs to have an operating agreement in place.
Step 5: Obtain an EIN
You can get an Employer Identification Number (EIN) from the IRS for free. It is used to identify a business entity and keep track of a business’s tax reporting. It is essentially a Social Security number (SSN) for the company.
Why do I need an EIN?An EIN number is required for the following:
- To open abusiness bank accountfor the company
- For federal and state tax purposes
- 为公司雇佣员工
Where do I get an EIN?An EIN is obtained from the IRS (free of charge) by the business owner after forming the company. This can be done online or by mail.
FOR INTERNATIONAL APPLICANTS:Youdo not need an SSNto get an EIN.Learn more here.
Get an EIN
Option 1: Request an EIN from the IRS
- OR -
Option 2: Apply for an EIN by Mail or Fax
Mail to:
Internal Revenue Service
Attn: EIN Operation
Cincinnati, OH 45999
Fax:(855) 641-6935
Fee:Free
FAQ: Getting an EIN
How do I get an EIN if I don’t have a Social Security number?
An SSN isnotrequired to get an EIN. You can simply fill outIRS Form SS-4and leave section 7b blank. Then call the IRS at (267) 941-1099 to complete your application.Learn more here about applying as an international applicant.
Do I need an EIN for my LLC?
All LLCs with employees, or any LLC with more than one member, must have an EIN. This is required by the IRS..
Learn why we recommend always getting an EIN and how to get one for free in ourDo I Need an EIN for an LLCguide.
What tax structure should I choose for my North Dakota LLC?
When you get an EIN, you will be informed of the differenttax classification optionsthat are available. Most LLCs elect the default tax status.
However, some LLCs can reduce their federal tax obligation by choosing theS corporation (S corp) status. To learn more, read ourLLC vs. S Corpguide.
Considering Using an LLC Formation Service?
We reviewed and ranked the top LLC formation services. Find out which is best for you.
How to Maintain Your LLC
File the Annual Report
North Dakota requires LLCs to file an annual reportonlinewith the Secretary of State. The filing fee is $50.
LLC annual reports are due November 15 each year. The first annual report is due the year following LLC formation. North Dakota charges a $50 penalty for failure to file on time. In addition, North Dakota can revoke an LLC’s business registration after six months for failure to file an annual report.
Steps After LLC Formation
Read all the steps you’ll need to maintain your LLC’s personal liability protection, open a business bank account, get business insurance, and stay up to date with state reporting requirements.
Visit ourAfter Forming an LLCguide to learn more.
What is the corporate veil?
业务实体,如有限责任公司和企业,protect their owners from personal liabilities for the business’s debts. This protection is often referred to as the corporate veil. Learn how to protect your LLC's corporate veil in ourguide.
Keep Your Company Compliant
North Dakota Business Licenses & Permits
To operate your LLC, you must comply with federal, state, and local government regulations. Fees and requirements for licenses and permits will vary depending on what sort of business license you need.
Find out how to get the necessary business licenses and permits for your LLC with ourNorth Dakota Business Licenseguide.
Recommended:Consider having a professional service research your business’s licensing requirements. Read ourbest business license servicesreview.
North Dakota LLC Tax Filing Requirements
为了保证您的业务在好站,我t's important to stay up to date on yourNorth Dakota LLC taxes.
Depending on the nature of your business, you may be required to register for one or more forms of tax:
Sales Tax
If you are selling a physical product, you’ll typically need to register for aseller's permitthrough theNorth Dakota Taxpayer Access Point.
The sales tax rate for most retail sales in North Dakota is 5%. Local sales tax rates can add an additional 1% to 3%.
Employer Taxes
If you have employees in North Dakota, you will need to register for theUnemployment Insurance Taxthrough the North Dakota Unemployment Insurance Employer Account System. You will also need to sign up forEmployee Withholding Taxthrough the North Dakota Taxpayer Access Point.
Income Tax
State
North Dakota's graduated individual income tax ranges from 1.1% to 2.9% depending on your LLC's income.
State tax returns are due each year by April 18. To calculate your tax or determine your tax bracket, visit theNorth Dakota Office of State Tax Commissioner website.
Federal
You’ll also need to report your federal income tax using eitherForm 1065(multi-member LLC) orForm 1040 Schedule C(single-member LLC).
Hiring Employees
If you plan to hire employees, stay compliant with the law by following these steps:
- Verify that new employees areable to work in the US
- Report employeesas "new hires" to the state
- Provideworkers' compensationinsurance for employees
- Withhold employee taxes
- Printworkplace compliance postersand place them in visible areas of your workspace
Find out more information from theState of North Dakotawebsite.
Check out ourHiring for your Small Business Guidefor resources like sample job descriptions, payroll service reviews, and more.
What is the minimum wage in North Dakota?
The minimum wage in North Dakota is $7.25 per hour.
How often do I need to pay employees?
North Dakota requires wages to be paid regularly at least once per month.