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

North Dakota LLC Online Filing Fee: $135

The main cost to start an LLC in North Dakota is the $135 fee to file your LLC's Articles of Organization online with the North Dakota Secretary of State.

For a look at LLC costs in every state, read our other Cost to Start an LLC and How to Form an LLC guides.

Cost to Form a Foreign LLC in North Dakota

If you already have an LLC that is registered in another state and you’d like to expand your business into North Dakota, you’ll need to register your LLC as a foreign LLC in North Dakota.

The cost for registering a North Dakota foreign LLC is $135. You can register a foreign LLC in North Dakota by filing a Certificate of Authority Application.

Optional LLC Formation Costs

There are optional fees associated with LLC formation:

LLC Name Reservation

Reserve your name for up to 12 months prior to LLC formation by filing a Reserved Name Application and paying the $10 filing fee.

Trade Name

File a Trade Name Registration and pay the $25 filing fee to create a name other than your legal LLC business name.

Seven Basic Steps to Start an LLC in North Dakota

Step 1: Name Your North Dakota LLC
Step 2: Choose a Registered Agent
Step 3: File the Articles of Organization
Step 4: Create an Operating Agreement
Step 5: Get an EIN
Step 6: File the Annual Report
Step 7: Keep Your Company Compliant

Step 1: Name Your North Dakota LLC

When you name your North Dakota LLC, you’ll need to choose a name that:

1. Is available for use in the state of North Dakota
2. Meets North Dakota naming requirements
3. Is available as a web domain

Recommended: Visit our Start an LLC in North Dakota guide for detailed naming rules and instructions for registering a business name in North Dakota.

Not sure what to name your business? Check out our How to Name a Business guide and free LLC Name Generator.

We recommend that you check online to see if your business name is available as a web domain. Even if you don't plan to create a business website today, you may want to buy the URL in order to prevent others from acquiring it.

Step 2: Choose a Registered Agent

All LLCs in North Dakota must appoint a registered agent. A registered agent primarily acts as your LLC’s main point of contact with the state. But most importantly, they are responsible for accepting service of process in the event your business is sued.

Your North Dakota registered agent must:

• Be at least 18 years or older
• Have a physical address in North Dakota
• Be available during normal business hours to accept service of process

Step 3: File the Articles of Organization

The North Dakota Articles of Organization is a document that is filed with the North Dakota Secretary of State to form an LLC. The fee for filing the Articles of Organization is $135 online.

For detailed instructions for completing the Articles of Organization, visit our How to File the North Dakota Articles of Organization guide.

Step 4: Create an Operating Agreement

An operating agreement isn't required for North Dakota LLCs, 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 our North Dakota LLC operating agreement guide.

Step 5: Get an EIN

What is an EIN? An EIN or Employer Identification Number is a nine-digit number issued by the Internal Revenue System (IRS) to identify a business for tax reporting purposes. An EIN is essentially a Social Security number (SSN) for your company.

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

• Opening a business bank account
• Hiring employees

Step 6: File the Annual Report

North Dakota requires LLCs to file an annual report with the Secretary of State. This must be done online by 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 6 months for failure to file an annual report.

Step 7: Keep Your Company Compliant

Keeping your North Dakota LLC compliant involves several steps, including obtaining the correct business permits and licenses, understanding and fulfilling tax requirements, and following legal hiring practices. 

Here's a summary:

• Secure necessary business licenses and permits. These depend on your business type and location. Refer to our North Dakota Business License guide, the U.S. Small Business Administration (SBA) guide, and North Dakota's New Business Registration Licensing Information resource for more details.
• Stay updated on North Dakota LLC tax requirements. If you sell physical goods, you’ll typically need to register for a seller's permit through the North Dakota Taxpayer Access Point website. If you have employees, register for Unemployment Insurance Tax and Employee Withholding Tax.
• Fulfill federal tax obligations. Most LLCs will need to report their income to the IRS each year.
• If you're hiring employees, make sure to:
• Verify their eligibility to work in the US.
• Report them as "new hires" to the state.
• Provide workers' compensation insurance.
• Withhold employee taxes.
• Display workplace compliance posters in your workspace.

For more information, visit the State of North Dakota website. Our Hiring for your Small Business Guide also offers useful resources like sample job descriptions and payroll service reviews.