How to Start an LLC in North Dakota (2025 Guide)

How to Form an LLC in North Dakota in 5 Steps

In order to form your LLC in North Dakota, there are certain steps you’ll need to complete:

1. Name Your North Dakota LLC
2. Choose a Registered Agent in North Dakota
3. File the North Dakota Articles of Organization
4. Create an Operating Agreement
5. Get an EIN

Step 1: Name Your North Dakota LLC

Before you get started, you will need to pick a suitable name for your North Dakota LLC. 

This will need to comply with all applicable naming requirements under North Dakota law and be both succinct and memorable, as this will make it easily searchable by your potential clients.

1. North Dakota LLC Naming Guidelines

• Your name must contain the phrase “limited liability company” or the abbreviation “LLC”. 
• Your name cannot contain words that are associated with different business structures, such as “partnership”, “corporation”, and “incorporated”.
• Your name cannot contain language that implies that it was organized for any purpose other than what is stated in its Articles of Organization. 
• Your name cannot be the same (or be deceptively similar) to the name of any other entity registered to transact business within the state of North Dakota. 

For more information, we recommend having a look at the North Dakota Century Code’s LLC Naming Guidelines.

2. North Dakota Name Availability Search

To check whether your desired name has already been taken by another business entity in North Dakota, you can perform a business name record search on the North Dakota Secretary of State website.

If you’re not going to start your LLC right away, it might be a good idea to consider reserving your name for up to one year ($10 filing fee). 

For more information, you can have a look at our North Dakota LLC Name Search guide.

3. Finding the Right Domain

You should check online to see if your business name is available as a web domain. Even if you don’t plan to make a business website right away, this is an extremely important step as it will prevent others from acquiring it, potentially saving you both time and money in the long term. 

Once you have verified your name is available, you may now select a professional service to complete the LLC formation process for you.

FAQ: Naming a North Dakota LLC

Step 2: Choose a Registered Agent in North Dakota

After you find the right name for your LLC, you will need to nominate a North Dakota registered agent. This is a necessary step in your Articles of Organization, which is the formation document used to register your LLC with the Secretary of State.

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. You can think of your registered agent as your business’s primary point of contact with the state.

Who can be a registered agent?

A registered agent must be a resident of North Dakota or a domestic or foreign LLC or corporation that is authorized to transact business in the state. You can choose to elect an individual within the company (e.g., yourself, etc.), use an attorney (not recommended due to the high cost), or go with a registered agent service.

FAQ: Nominating a Registered Agent

Step 3: File the North Dakota LLC Articles of Organization

To register your North Dakota LLC, you will need to file the Articles of Organization with the Secretary of State. This can be done online. 

Before getting started, we recommend ensuring you have the following information on hand:

• Your LLC’s desired name and physical street address
• The name and address of your registered agent (can be commercial or non-commercial)
• Your LLC’s management structure (i.e., whether it will be member-managed or manager-managed)
• The names and addresses of your LLC’s organizers and/or members
• Your LLC’s duration period (can choose a perpetual period or set a specific timeframe)
• Your contact information (e.g., email address, phone number, etc.)

File the Articles of Organization

File Online With the North Dakota Secretary of State

File Online

Fee: $135 (Nonrefundable)

For help with completing the form, visit our North Dakota Articles of Organization

Note: If you’re expanding your existing business to the state of North Dakota, you’ll need to register as a foreign limited liability company (LLC).

FAQ: Filing North Dakota LLC Documents

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 LLC members are on the same page and reduces the risk of future conflict.

You can use the free tool in our Business Center to create a custom operating agreement in minutes — or download our free templates:

• North Dakota Single-Member LLC Operating Agreement
• North Dakota Multi-Member LLC Operating Agreement

FAQ: Creating a North Dakota LLC Operating Agreement

Step 5: Get an EIN for Your North Dakota LLC

You can get an Employer Identification Number (EIN) from the IRS for free. This is a lot like a Social Security number, but for your business, and will be used by the federal government to identify your company and track its tax reporting.

Why do I need an EIN? An EIN is required for the following:

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

Where do I get an EIN? An EIN is obtained from the IRS website (free of charge) by the business owner after forming the company. This can be done online or by mail.

FOR INTERNATIONAL APPLICANTS: You do not need an SSN to get an EIN. Learn more here.

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

FAQ: Getting an EIN

Best LLC Services in North Dakota Compared

For a comprehensive comparison, read our Best LLC Service guide. We reviewed and ranked the top LLC formation services to help you determine the best fit for your new business.

Important Next Steps to Protect Your North Dakota LLC

After you’ve formed your LLC, you’ll need to complete several key steps in order to:

• Separate your personal and business assets
• Stay compliant with state and federal laws

1. Get a Business Bank Account and Credit Card

Getting a dedicated business bank account is an essential part of operating legitimately as it keeps your personal and business assets separate, and therefore helps shield your personal limited liability. 

Skipping this step can often lead to:

• Courts determining that you haven’t been treating your LLC as a separate entity
• Your “corporate veil” being pierced, meaning that you will no longer benefit from limited liability in law. 

Recommended: Have a look at our Best Business Bank Accounts for LLCs in 2025 review. 

You can also choose to acquire a corporate credit card if you’re interested in building your credit and potentially raising capital down the line. 

2. Check If You Need a North Dakota Business License

North Dakota does not require LLCs to hold a “general” business license in order to operate. 

Even so, you should know that business licensing is regulated at a local, state, and federal level, so your licensing needs will ultimately depend on your exact location and industry:

• Local Licenses: You’ll need to check with your city or county clerk’s office to identify any local licensing requirements, such as zoning permits or health department approvals you’ll need. 
• State-Level Licenses: You can use the NDSU Extension resource to find any state-required permits or licenses for your type of business. You may also want to search the North Dakota Boards and Commissions directory if your industry is regulated by a specific licensing board or state agency.
• Federal Licenses: While most North Dakota LLCs will not be subject to federal regulation, those involved in heavily regulated industries (such as agriculture, alcohol, and firearms) will. You can have a look at this Small Business Administration article for the relevant federal agency you’ll need to contact.

A few questions to ask yourself when deciding whether you need a license include:

• Will you sell, lease, or rent taxable goods or services? If so, you’ll need to obtain a seller’s permit (officially called a Sales and Use Tax Permit) from the North Dakota Office of State Tax Commissioner. You can find more information on this on our North Dakota Sales Tax guide. 
• Will you work as a licensed professional? If your LLC will focus on regulated fields — such as medicine, law, insurance, or real estate — you’ll need to ensure that you or a member of your LLC is appropriately licensed.
• Will your LLC’s activities negatively impact the environment? If so, you might need to obtain a business license or permit from the North Dakota Department of Environmental Quality.

For more information, you can have a look at our North Dakota Business License guide; If you’d rather have a service handle this step for you, we recommend checking out LegalZoom’s Business License service.

3. Understand Your North Dakota LLC Tax Obligations

North Dakota LLCs are not all taxed in the same way; this is because LLCs are taxed as pass-through entities by default, meaning that they are largely taxed similarly to sole proprietors — the business gets paid, the profits pass to you as the owner, and you get taxed. There is no “corporate” tax involved. 

This means that:

On a Federal Level

You’ll need to submit personal income tax returns using either Form 1040 (for single member LLCs) or Form 1065 (for multi-member LLCs). If you have employees, you will also be subject to federal income tax withholding. 

On a State Level

Your LLC may need to collect and remit sales taxes depending on the nature of its business activities. North Dakota also has a state income tax, with rates ranging from 1.10% to 2.90%, which applies to each member’s share of the LLC’s profits. If your LLC will have employees, you’ll also need to register for income tax withholding with the North Dakota Office of State Tax Commissioner.

On a Local Level

North Dakota allows cities and counties to impose local sales and use taxes in addition to the state rate (up to 4.2%). If your LLC operates in a locality with its own tax, you’ll need to collect and remit those local taxes as well. Your LLC may also need to pay local property taxes if it owns real estate, as well as additional lodging, restaurant, or motor vehicle rental taxes at the municipal level.

For more information on the North Dakota-specific LLC tax obligations that may apply to you, we recommend having a look at our in-depth North Dakota LLC Taxes guide. Alternatively, you can schedule a free online consultation with 1800-Accountant for all your tax-related questions.  

4. Get Business Insurance for Your LLC in North Dakota

Even though an LLC offers limited liability, you’ll still likely need to purchase some form of business insurance to protect your LLC’s assets. 

This is because an LLC’s default limited liability protects your personal assets, not the business’s. Some of the most common types of business insurance include:

• General Liability Insurance: This is a broad insurance policy that protects your business from lawsuits. Most small businesses end up getting general liability insurance.
• Professional Liability Insurance: This is a business insurance policy for professional service providers (consultants, accountants, etc.) that covers against claims of malpractice and other business errors.
• Workers’ Compensation Insurance: This type of insurance covers medical expenses and lost wages if an employee is injured while performing job duties. In North Dakota, all businesses are required to secure this coverage prior to hiring their first employee.

Want to learn exactly what coverage your business may need? Read our full North Dakota Business Insurance guide.

5. Learn How to Properly Sign Your LLC’s Legal Documents

Improperly signing a document as yourself and not as a representative of the business can leave you open to personal liability. 

When signing legal documents on behalf of your company, you we recommend following this formula to avoid any problems:

• Formal name of your business
• Your signature
• Your name
• Your position in the business as its authorized representative

It’s important to be consistent and sign all official documents using this format; this will help protect your personal assets by clearly showing that the agreement is with the LLC, not you as an individual.

6. Submit an Annual Report for Your North Dakota LLC

All LLCs in North Dakota are required to file an annual report and pay a $50 fee each year in order to stay in good standing with the Secretary of State. The report is due by November 15 and must be filed online through the state’s FirstStop portal.

After forming your LLC, you’ll have to file your first annual report by this deadline the following year – missing this deadline, or any after it, will result in a $50 penalty for failure to file in a timely manner.

Note: To stay on top of this deadline and other important compliance tasks, we recommend hiring a professional registered agent service — they can help ensure you never miss a filing.