How to Start a Corporation in North Dakota

Starting a North Dakota corporation does not need to be hard. 

You can complete your formation by appointing a statutory agent (also known as a registered agent) and filing the Articles of Incorporation online through North Dakota’s FirstStop Online Services portal. 

Note: You will also need to arrange an organizational meeting in order to create your corporate bylaws and choose your initial director(s).

We’ll show you how to start a corporation in North Dakota yourself.

Or, simply use a professional service:

Northwest ($29 + state fee)

Forming a Corporation in North Dakota is Easy

Step 1: Name Your North Dakota Corporation
Step 2: Choose a Registered Agent
Step 3: Hold an Organizational Meeting
Step 4: File the Articles of Incorporation
Step 5: Get an EIN

For a look at corporation formation in every state, check out our other How to Start a Corporation guides.

Not sure if a corporation is right for you? Check out our LLC vs. Corporation guide to help you make your decision.

Step 1: Name Your North Dakota Corporation

Choosing a business name is the first step in starting a corporation.

1. North Dakota naming guidelines:

• Must contain the word “corporation,” “company,” or “incorporated”. Keep in mind that a suitable abbreviation of one of these terms can be used instead. 
• Cannot contain the words "limited liability company," "limited partnership," "limited liability partnership," "limited liability limited partnership," or any relevant abbreviation.
• Cannot suggest or state that the corporation was organized for an unlawful purpose, or for a purpose that was not outlined in its articles of incorporation.
• Cannot suggest or state that the corporation is sponsored by a government or state agency unless prior written approval is given. 
• Must be distinguishable from any existing business in your state. This includes domestic corporations, LLCs, and foreign corporations operating within North Dakota.

Read the North Dakota state statute regarding corporation naming guidelines for more information.

 2. Is my corporation name available in North Dakota?

Your North Dakota corporation name must be unique and distinguishable from other business names in North Dakota. Use the North Dakota Secretary of State’s Business Search Portal to determine if your desired business name is available.

3. Is the URL available?

Before registering your North Dakota corporation, you’ll need to check if a good URL is available for your business name. It’s important to secure your URL right away.

Step 2: Choose a North Dakota Registered Agent

You must appoint a North Dakota registered agent when registering your corporation through North Dakota’s FirstStop Online Services portal. 

A registered agent is an individual or entity appointed to receive service of process, government correspondence, and compliance documents on behalf of a business.

Your registered agent can be an individual, business entity, or professional registered agent service. Any member of the corporation or individual can serve as your North Dakota registered agent as long as the person:

• is 18 years or older
• has a physical address in the state where business activity is conducted
• is available (in person) during normal business hours

Recommended: Northwest offers one year of free registered agent services with their corporation formation package ($29 + State Fees).

Step 3: Hold an Organizational Meeting

Before you officially file the Articles of Incorporation in Step 4, you will need to hold an organizational meeting to complete the following tasks:

• Fill out and execute the Articles of Incorporation
• Create and approve bylaws
• Select your initial director(s)
• Determine your share structure
• Execute an Incorporator’s Statement

Create and Approve Corporate Bylaws

Bylaws are the rules that determine how your organization will be governed and run. For detailed instructions on creating your bylaws, read our corporate bylaws guide.

Appoint Initial Directors

You must appoint at least one director who will oversee your North Dakota corporation until the first shareholder meeting.

A corporate director is in charge of the adoption, amendment, and repeal of operational bylaws as well as the election, supervision, and removal of officers.

After forming the corporation, the incorporator(s) — or initial director(s), if named on the formation documents — should call an organizational meeting. During this initial meeting, either the incorporator(s) will elect the board of directors or the initial director(s) will appoint the officers. 

Choose a Share Structure and Strategy

A share of stock is the unit of ownership of a corporation. Each share of stock represents a percentage of ownership of the company. For example, if a corporation issues one share of stock the shareholder (stock owner) would then own 100% of the corporation. 

Shares can be structured into classes. Each class, termed a share class, holds different rights and privileges. You can have multiple classes and each class can hold any number of shares.

Authorized Shares: the number of shares the corporation is allowed to issue.
Issued Shares: the total number of shares actually issued to shareholders.
Share Class: a group of shares that has a unique set of rights and privileges.

In North Dakota, the Articles of Incorporation online form allows you to indicate if the corporation will issue more than one authorized share class or series.

Create and Execute an Incorporator’s Statement

The incorporator(s) should sign an Incorporator’s Statement with complete names and addresses of each initial director and store it in the corporate records book. 

This document names the initial director(s) that will serve until the board of directors is elected during the first shareholder meeting. It should be stored with the rest of your corporate records.

Step 4: File the North Dakota Articles of Incorporation

You will need to file the North Dakota Articles of Incorporation to set up a corporation in North Dakota. You will need to register an account to log in to the Secretary of State’s website. The filing cost is $100.

This document will cover the basics of your corporation, including:

• Corporate name and street address
• Corporate registered agent name and street address
• The number of authorized shares the corporation is allowed to issue
• The corporation’s effective date
• Incorporator(s) name(s) and address(es)

In North Dakota, the Articles of Incorporation online form allows you to indicate if the corporation will issue more than one authorized share class or series.

File the North Dakota Articles of Incorporation

File Online With North Dakota’s FirstStop Online Services

Filing Cost: $100

Step 5: Get an EIN for Your North Dakota Corporation

An Employer Identification Number (EIN) is used by the federal government to identify a business entity. It is essentially a Social Security number for the company. An EIN is needed:

• To open a bank account for the company
• For federal and state tax purposes
• To hire employees

Get an EIN

Option 1: Request an EIN from the IRS

Apply Online

- OR -

Option 2: Apply for an EIN by Mail or Fax

Download Form

Mail to:
Internal Revenue Service
Attn: EIN Operation
Cincinnati, OH 45999

Fax: (855) 641-6935

Fee: Free

Running Your Corporation

It is very important to adhere to the formalities of running a corporation. Read our How to Run a Corporation guide to learn more.

Taxes, Annual Reports, & Licensing

North Dakota State Corporation Tax Requirements

Depending on the nature of your business, you may be required to register for one or more forms of state tax:

North Dakota Sales Tax

If you’re selling a product, you’ll typically need to register for a seller's permit through the North Dakota Taxpayer Access Point website. This allows a business to collect sales tax.

North Dakota Employer Taxes

If you hire employees, you will need to register for North Dakota employer taxes through the North Dakota Taxpayer Access Point website. This includes Employee Withholding Tax, Unemployment Insurance Tax, and Disability Insurance.

North Dakota Corporation Licenses and Permits

To operate your corporation in North Dakota, you must comply with federal, state, and local government regulations. For example, restaurants likely need health permits, building permits, signage permits, etc.

Learn more in our North Dakota Business License guide.

File the North Dakota Statement of Information

You must file the North Dakota Corporate Statement of Information by Aug. 1 each year, beginning the year following your corporation’s incorporation date. The form can be found on the North Dakota FirstStop website, and you can file it online or print and mail it to the Secretary of State. The filing fee is $25.

Corporate Dissolution & North Dakota Good Standing

How to Get a North Dakota Certificate of Good Standing

A Certificate of Good Standing verifies that your North Dakota corporation was legally formed and has been properly maintained.

You can order a Certificate of Good Standing through North Dakota’s FirstStop website. Use the business search tool to find your corporation and then select “Request Certificate” and provide the required information. The fee is $15.

Order a Certificate of Good Standing

Request a Certificate Online With the North Dakota Secretary of State

Fee: $15

How to Dissolve a Corporation in North Dakota

If at any point you would like to permanently stop doing business, or close your business, it is important to officially dissolve your corporation. Failure to do so in a timely fashion can result in tax liabilities, penalties, or even legal trouble.

There are five main steps to close your North Dakota corporation:

• Stop doing business
• Hold a board meeting, vote on dissolution, and record the meeting in the corporation minutes
• File the Articles of Dissolution and Intent to Dissolve form (if applicable) with the North Dakota Secretary of State
• Close your federal and state business tax accounts with the IRS and North Dakota Office of State Tax Commissioner
• Close your business bank accounts

File Dissolution Documents

North Dakota corporations have two options for filing dissolution documents: Dissolution by the Board of Directors or Dissolution by Incorporators.

Dissolution by the Board of Directors
If your North Dakota corporation has commenced business and issued shares, you must file the Corporation Intent to Dissolve form alongside the Articles of Dissolution.

You can dissolve your corporation online using the state’s FirstStop website. From the main page, select “Terminate business” under the “Business” section and follow the prompts. The fee for the Articles of Dissolution is $20 plus $10 for the Intent to Dissolve form.

Dissolution by Incorporators
If your North Dakota corporation has not commenced business or issued shares, you only have to file the Articles of Dissolution.

You can dissolve your North Dakota corporation online using the state’s FirstStop website. From the main page, select “Terminate business” under the “Business” section and follow the prompts. The fee is $20.

Is a Corporation Right For You?

An LLC provides limited liability protection without corporate complexity.
Find out if an LLC is the right structure for you.

LLC vs. Corporation | Form an LLC

Steps After Forming a Corporation

After forming a corporation, you’ll want to protect your personal and business assets and build credit.

Taking these steps will set your business up for success:

• Open a Business Bank Account
• Open a Business Credit Card
• Establish and Build Business Credit
• Get Insurance
• Protect Your Corporate Veil

North Dakota Corporation FAQ

North Dakota Corporation Quick Links

• North Dakota SOS Corporation Forms
• North Dakota Business Online Forms
• North Dakota Business FAQ
• North Dakota Corporation Statutes