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How Much Does It Cost to Start an LLC in North Dakota?

Legal business registration — and making sure your business is in compliance — involves some necessary expenses. Some of these costs are payable to the North Dakota Secretary of State, while others are due to additional state entities or the federal government. Here are some of the most common requirements and fees.

Please be aware that North Dakota business license and permit fees may need to be paid when you first form your business, on an ongoing schedule or on an ad hoc basis. Find more details below.

Initial North Dakota LLC Fees

You’ll need to file as an LLC with the North Dakota Secretary of State and pay a filing fee when you first formally form your business. Here are the current North Dakota LLC fees and filing times:

State Fee State Filing Time Expedited Filing Time
$135 3 Weeks 5 Business Days

When you form your LLC with us, Incfile will charge you this fee and forward it to the North Dakota Secretary of State when we file your formation paperwork.

Incfile can file your formation paperwork for you for free

— just pay the required North Dakota LLC filing fee.

North Dakota allows you to form your LLC more quickly by paying an expedited fee.

Employer Identification Number

Every LLC in the U.S. should obtain a unique Employer Identification Number (EIN) from the Internal Revenue Service. You'll use it when you open a business bank account, file taxes and pay employees. It's available at no cost from the IRS, or have Incfile obtain one for you.

Foreign LLCs

When you want to do business in a state other than the one where your business is based, you must create a foreign LLC.

North Dakota Foreign LLC Registration

Foreign companies are those which are formed in another state or country. In order to transact business in North Dakota these entities must file for a Certificate of Authority with the North Dakota Secretary of State.

The registration must be accompanied by a certificate of good standing or a certificate of existence from the domestic state of formation. Register your out-of-state foreign company by filing your Certificate of Authority for a Foreign LLC with the Secretary of State. The filing fee for a North Dakota Foreign LLC is $135. The state may have additional requirements so contact the North Dakota Secretary of State for more information.

Foreign Qualification to Operate in Another State

If you plan to expand your North Dakota LLC into another state, you’ll first need Foreign Qualification or a Certificate of Authority or Compliance from that state. This is necessary if you'll have a physical presence, employees or banking in that state.
This process will likely require you to complete an application and pay a filing fee. Each state typically has its own requirements, so you’ll want to contact the state government entity that administers business (usually the Secretary of State) for specific instructions.

If you need assistance, Incfile provides complete Foreign Qualification service for all states.

Annual Report Requirements

Most states — including North Dakota — require businesses to file an annual (or other periodic) report with the Secretary of State. For the state of North Dakota, the Secretary of State requires you to file an annual report every year. When you file your annual report, you'll login to the portal to file and pay a fee of $50. Here are the North Dakota annual report filing requirements:

Annual Report

Frequency

Annually

Due Date

November 15th

Filing Fee

$50
Incfile can also complete and file your North Dakota annual report on your behalf.

North Dakota Business License and Permit Requirements

As a business owner, it’s your responsibility to make sure you have the proper state, federal or local business licenses to operate your North Dakota LLC. Some of the associated fees only need to be paid once, while others are ongoing charges.

Permits and licenses vary based on:

1

The industry your LLC operates in (e.g., restaurants will need health permits)

2

The location of your LLC (state, county or city) (e.g., a license to conduct business from the City of Fargo)

3

The type of business you run (e.g., healthcare providers must meet HIPAA requirements)

Running your business without the required licenses may expose you to risks and fines from federal, state and local governments.

You can research these permits and licenses yourself, or use Incfile’s Business License Research package, which includes:

  • A complete report on all the licenses, permits and tax registrations your LLC will need
  • The applications you'll need to file with the state, regional and federal licensing authorities

Operating Agreements

The state of North Dakota does not require businesses to have an LLC Operating Agreement in place.

An Operating Agreement is a document that covers the rights and duties of pertinent members, how the business will be run, how managers and members are chosen and several other key areas. It is typically filed with your Articles of Organization at the time that you officially register your LLC.

This document can be extremely helpful in making sure you’re organized and prepared for any future events that may affect your business.

Incfile can draft a general Operating Agreement template when you form your North Dakota business.

If you have any unique requirements, you can make the necessary changes to accommodate them.

Other Potential North Dakota LLC Fees or Requirements

It is normal for your business to pay and meet several other fees and requirements during the life of your LLC. These ad hoc fees will only be payable in specific circumstances, as listed below.

Obtaining a Trade Name or DBA

If you wish to establish a North Dakota DBA, you must file a form to register your trade name with the North Dakota SOS and pay a filing fee of $25.

Incfile offers the service of filing Trade Name or DBA forms on your behalf.

Changing the Registered Agent

Your LLC needs a North Dakota Registered Agent, which you must appoint when you file your Articles of Organization. You can also switch to a new Registered Agent later by filing a Statement of Change with the North Dakota SOS for a fee of $10.

Have Incfile serve as your Registered Agent.

It’s free for the first year if you form your LLC with us and $119 a year after.

Reserving a Name for Your LLC

If you don’t want to form your LLC right away, you can reserve a business name for 365 days with the North Dakota Secretary of State by filing a Reserved Name Application and paying a filing fee of $10. First, perform a North Dakota business search and learn about business name rules to ensure you choose a name that meets state requirements.

Amending Certain Facts About Your LLC

Your business formation documents state certain facts about your North Dakota business at the time it's formed. Over time, these facts may change. If they do, you'll need to file a Articles of Amendment with the North Dakota SOS for a filing fee of $50. You can do this yourself or have Incfile file the amendments on your behalf.

You may want to file Articles of Amendment when you:

  • Add, remove or change an LLC member or manager
  • Alter the stated business activities of your LLC
  • Change the business address of your LLC

Getting a North Dakota Certificate of Good Standing

Some organizations will request that you prove your LLC’s compliance with laws and tax requirements. Most states refer to this as a Certificate of Compliance, Existence or Good Standing. If you need to prove you have met your commitments, you’ll need a Certificate of Good Standing from the North Dakota Secretary of State. You can order a Certificate of Good Standing from the SOS and pay a fee of $20.

Incfile can obtain a North Dakota Certificate of Good Standing (or Existence) on your behalf.

The fees listed above detail many of the charges a standard LLC will be required to pay in North Dakota. In some unusual circumstances, there may be other one-off, periodic or ad hoc fees not listed above.

Of course, your LLC will also probably need to pay self-employment, payroll, federal, state and sales taxes. More information about taxes can be found on the North Dakota Business Tax page.

FAQs About North Dakota LLC Fees

What Happens to the State Fees I'm Charged When Forming My LLC?

We will charge you this fee at cost and then pay the fee to the Secretary of State on your behalf when forming your North Dakota business.

Where Do I Get Business Licenses and Permits for My LLC?

It depends on various factors, including:

  • The type of business you run
  • Where your business is located
  • Governing bodies in your industry
  • Federal, state and local regulations

Many new businesses need a business license, and you may be required to obtain additional licenses and permits. Our Business License Research package can take the guesswork out of it for you and help you learn what your LLC needs to be compliant.

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