Start Your LLC In North Dakota with One IBC

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Basic

$199

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Agent fee

Registered Address

Document filing with the Secretary of State

Standard

$499

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Includes everything in basic package

Comprehensive name check

Preparation of Articles of Incorporation

Lifetime customer support (phone & email)

Federal Tax ID (EIN) Obtainment Service

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Key Points for North Dakota LLCs

Business Income Tax

Business Income Tax

LLCs in North Dakota are treated as pass-through entities by default, meaning profits are taxed on the owner's personal return without a separate state-level business income tax.

Streamlined Formation Process

Streamlined Formation Process

Forming an LLC in North Dakota is straightforward with online filing, low fees, and minimal paperwork, making it easy for new business owners to get started.

Stable Business Climate

Stable Business Climate

Offers a low cost of doing business, strong infrastructure, and a pro-business regulatory environment, making it ideal for entrepreneurs in agriculture, energy, and tech.

Understanding North Dakota LLCs

A North Dakota LLC provides liability protection similar to corporations while maintaining partnership-style tax flexibility. It is designed for business owners seeking manageable costs and strong legal protection.

What is a North Dakota LLC?

It’s a legal entity created by filing Articles of Organization with the North Dakota Secretary of State. It requires a registered agent with a physical ND address and allows member- or manager-managed governance.

A North Dakota LLC offers several benefits, including:

Personal liability protection for members. Affordable filing and reporting fees. Pass-through taxation by default. Flexible management options.

What is a North Dakota LLC?
Why choose an LLC in North Dakota?

Why choose an LLC in North Dakota?

Entrepreneurs choose North Dakota for its liability protection, modest compliance costs, and clear regulatory structure, offering business security without complex requirements.

Key Benefits Include:

Privacy Protection

Privacy Protection

Predictable Taxes

Predictable Taxes

No Double Taxation

No Double Taxation

Legal Environment

Legal Environment

Business Credibility

Business Credibility

Clear Guidelines

Clear Guidelines

Pros and Cons of an LLC in North Dakota

Starting a North Dakota LLC: Benefits

Affordable formation and annual costs, strong liability protections, and default pass-through taxation make North Dakota LLCs attractive.

Taxation of a North Dakota LLC

By default, LLCs are pass-through entities. North Dakota does not impose a separate franchise tax, but members pay state individual income tax based on earnings.

Starting a North Dakota LLC: Drawbacks

Annual Reports are mandatory, with fees due by November 15. Missing deadlines can result in penalties or dissolution. Certain industries require additional licensing or permits.

Pros and Cons of an LLC in North Dakota

Who Can Form an LLC in North Dakota?

Any individual or business entity (including non-residents and foreign LLCs) may form or register to operate an LLC in North Dakota.

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Types of LLCs in North Dakota

Domestic LLC (North Dakota-based LLC)

Domestic LLC (North Dakota-based LLC)

Formed under North Dakota law, operating primarily in-state. Must file Articles of Organization and maintain a local registered agent.

Foreign LLC (Out-of-state LLC registering in North Dakota)

Foreign LLC (Out-of-state LLC registering in North Dakota)

LLCs formed outside ND must file for foreign qualification with the Secretary of State, appoint a local registered agent, and file Annual Reports.

Series LLC

Series LLC

North Dakota law does not permit Series LLCs.

Restricted LLC

Restricted LLC

No statutory Restricted LLC option exists. Restrictions must be included in the Operating Agreement.

Professional LLC (PLLC)

Professional LLC (PLLC)

Licensed professionals may form LLCs in North Dakota, but they remain subject to state licensing board requirements. There is no separate PLLC statute.

How to Start an LLC in North Dakota

1

Choose a Business Name

Select a unique name that includes "LLC" or "L.L.C." and ensure it’s distinguishable from existing entities in North Dakota. Use the Secretary of State’s name search tool to verify availability.

2

Appoint a Registered Agent

Designate a registered agent to accept legal documents. This can be an individual or a registered service company with a physical address in North Dakota.

3

File the Articles of Organization

Submit Form LLC to the North Dakota Secretary of State, providing LLC name, principal office address, and registered agent details.

4

Create an Operating Agreement

Though not required, it’s recommended to draft an Operating Agreement outlining ownership, governance, and profit distribution to reinforce liability protection and support tax compliance.

North Dakota LLC Requirements

Age and Residency

Age and Residency

Number of Members

Number of Members

Management Structure

Management Structure

Registered Agent and Office

Registered Agent and Office

Name Compliance

Name Compliance

North Dakota LLC Application

To form an LLC in North Dakota, you must file Articles of Organization with the Secretary of State.

Required Information

  • LLC name (must include “LLC” or similar and be unique).
  • Registered agent with a physical ND address.
  • Principal business address.
  • Management structure (member- or manager-managed).
  • Duration of LLC (perpetual or limited).

Filing Options

  • Online via the North Dakota Secretary of State FirstStop portal.

Post-Filing Requirements

  • File Annual Reports due by November 15 each year.
  • Maintain a registered agent in the state.
  • Prepare an Operating Agreement (not required to file, but recommended).

North Dakota LLC Taxation

North Dakota LLC Taxation
Pass-Through Taxation (Default)

Pass-Through Taxation (Default)

LLCs are pass-through entities by default, meaning profits/losses are reported by members on personal returns.

State Income Tax

State Income Tax

North Dakota imposes individual income tax on LLC members’ earnings, ranging from 1.1% to 2.9% (rates vary by income).

No Franchise Tax

No Franchise Tax

There is no separate franchise or privilege tax on LLCs in North Dakota.

Other Taxes

Other Taxes

Sales/use tax applies to taxable goods and services. Payroll taxes apply for employers.

North Dakota LLC Annual Filing (Annual Report)

What to File

What to File

Annual Reports include LLC name, registered agent information, addresses, and member/manager details.

Filing Deadlines

Filing Deadlines

Due annually by November 15.

Penalties & Consequences

Penalties & Consequences

Late filings may result in late fees, loss of good standing, and possible administrative dissolution.

Expanding Your North Dakota LLC

Registering a Foreign LLC in North Dakota

Registering a Foreign LLC in North Dakota

An LLC formed in another state but doing business in North Dakota must register as a foreign LLC, appoint a registered agent, and comply with state annual reporting requirements.

Doing Business in Other States

Doing Business in Other States

To expand outside ND, an LLC must foreign-qualify in those states, comply with their licensing and tax rules, and maintain good standing both in ND and elsewhere.

Find The Right State To
Form An LLC

Every state has different rules, costs, and considerations for LLC formation.

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Doing Business in North Dakota

Frequently Asked Questions

Yes, most states require you to have a registered agent to handle legal documents and notices during business hours.

While not always required by law, having an operating agreement is a smart move to outline your LLC’s rules and avoid disputes down the road.

An EIN is a federal tax ID; most LLCs need one to open a business bank account, file taxes, or hire employees.