How to Start an LLC in North Dakota (2026)
North Dakota lets you form an LLC entirely online through its FirstStop portal. The process is straightforward, and with a few key steps, you can have your LLC up and running quickly.
In This Article
- Overview
- Quick Facts
- Introduction
- Choose a Name for Your North Dakota LLC
- Choose a Registered Agent in North Dakota
- File Your Articles of Organization with North Dakota
- Get an EIN for Your North Dakota LLC
- Create an Operating Agreement for Your LLC
- Open a Business Bank Account
- Top 3 LLC Services
- FAQ
- Next Steps
What You'll Learn in This Guide
This guide walks you through every step to legally form a Limited Liability Company (LLC) in North Dakota — from picking a name to staying compliant year after year. We've kept it practical, current, and free of unnecessary fluff.
Note
North Dakota LLC formation costs $135 in state fees. Most founders complete the process in 5 business days, either DIY or through a formation service starting at $0.
North Dakota LLC: Quick Facts
Last Verified: Jul 2026- Filing Fee (Online)
- $135
- Processing Time
- 5 business days
- Expedited Available
- No
- Annual Report
- $50 (annual)*
- State Income Tax
- Yes
- Sales Tax Rate
- 5%
- Filed With
- North Dakota Secretary of State
- Last Verified
- July 2, 2026
* Annual Report: $50, due November 15 each year
Forming a North Dakota LLC, Step by Step
A North Dakota LLC creates a legal wall between your personal assets and your business obligations. If your LLC faces a lawsuit or unpaid debt, your house, car, and savings stay protected. That separation is the single biggest reason founders choose the LLC structure.
North Dakota is a founder-friendly state in several ways. It allows anonymous LLCs, series LLCs, and single-member LLCs. There is no general state business license requirement and no franchise tax. The state does have a 5% sales tax rate if you sell taxable goods or services, but pass-through income taxation keeps things simple for most LLC owners.
The formation process happens online through the Secretary of State's FirstStop portal. You will choose a name, designate a registered agent, file your articles of organization, and handle a few post-formation tasks like getting an EIN and opening a bank account. From start to approval, most founders can complete the paperwork in a single sitting.
Choose a Name for Your North Dakota LLC
Your LLC name must be unique in North Dakota and follow specific formatting rules set by the Secretary of State.
Your LLC name needs to be distinguishable from every other business entity registered in North Dakota. The Secretary of State will reject your filing if your name is too similar to an existing one. Beyond uniqueness, the name must follow a few formatting rules.
Search available names →North Dakota LLC Naming Rules
Optional Name Reservation
- You can reserve your chosen name for 365 days
- The reservation fee is $10
- Useful if you are not ready to file your articles of organization yet
State Specific
North Dakota allows you to reserve a business name for a full 365 days for just $10, which is one of the longest reservation periods in the country.
Pro Tip
Search the North Dakota business name database at firststop.sos.nd.gov/search/business before you get attached to a name. It only takes a minute and saves you from filing rejection.
Choose a Registered Agent in North Dakota
Every North Dakota LLC must designate a registered agent with a physical street address in the state to receive legal and government documents on behalf of the business.
A registered agent is the person or company that accepts legal papers, tax notices, and official correspondence for your LLC. In North Dakota, the agent must have a physical street address in the state (no P.O. boxes) and be available during normal business hours. The agent can be an individual North Dakota resident or a business entity authorized to operate in the state.
Your Three Options
- Be your own registered agent (free, but your address goes on public record and you must be available during business hours)
- Appoint someone you know who lives in North Dakota (also free, but places that responsibility on them)
- Hire a professional registered agent service (typically $50-$150 per year, keeps your personal address off public filings and ensures reliable availability)
State Specific
North Dakota requires your registered agent to have a physical street address in the state. P.O. boxes are not permitted.
File Your Articles of Organization with North Dakota
This is the official step that creates your LLC. You will file your articles of organization through the North Dakota Secretary of State's online portal.
North Dakota handles LLC formation online through the FirstStop portal at firststop.sos.nd.gov. You will create an account, select the LLC entity type, and fill out your articles of organization. The form asks for your LLC name, registered agent information, organizer details, and your principal office address. Once you submit the form and pay the fee, your filing is processed.
The articles of organization include basic information about your LLC. You will need to provide the LLC name, the purpose of the business (a general statement is fine), the registered agent's name and physical address, the organizer's name, and whether the LLC will be member-managed or manager-managed.
Information You Will Need to File
- Your LLC's legal name (including "LLC" or equivalent)
- Registered agent name and physical North Dakota address
- Principal office address
- Organizer name and address
- Management structure (member-managed or manager-managed)
State Specific
North Dakota supports anonymous LLCs. If privacy matters to you, you can use a registered agent service as your organizer to keep your personal name off public filings.
Pro Tip
The filing fee covers only the creation of your LLC entity. Name reservation ($10) and trade name registration ($25) are separate costs if you need them.
Recommended: Northwest Registered Agent
$39 + state fee. Includes registered agent, business address, domain, website, email, and phone. No upsells.
Get an EIN for Your North Dakota LLC
An EIN is a federal tax ID number from the IRS. You need one to open a business bank account, hire employees, and file taxes.
Apply for your EIN directly on the IRS website at no cost. The online application takes about 10 minutes, and you will receive your EIN immediately upon completion. You will need your LLC's legal name, your articles of organization filing date, and the responsible party's Social Security number.
Apply for your EIN on IRS.gov →Create an Operating Agreement for Your LLC
An operating agreement defines how your LLC is owned, managed, and run. North Dakota does not require one, but you should have one anyway.
North Dakota does not require LLCs to have an operating agreement, but creating one is strongly recommended. Without it, your LLC defaults to North Dakota's statutory rules for ownership, profit distribution, and decision-making. Those defaults may not match what you actually want. An operating agreement lets you set the terms on your own and also helps reinforce the legal separation between you and your business.
Key Sections to Include
Pro Tip
Even as a single-member LLC, an operating agreement strengthens your liability protection by demonstrating that your LLC operates as a separate entity from you personally.
Open a Business Bank Account
A dedicated business bank account keeps your personal and LLC finances separate, which is essential for maintaining your liability protection.
Opening a separate bank account for your LLC is not just good bookkeeping. It is a legal safeguard. If you ever face a lawsuit, clean financial separation between you and your business is one of the strongest pieces of evidence that your LLC is a legitimate, separate entity. Most banks in North Dakota offer business checking accounts with low or no monthly fees for small businesses.
What to Bring to the Bank
- Your filed articles of organization (or certificate of organization from the Secretary of State)
- Your EIN confirmation letter from the IRS
- A government-issued photo ID
- Your operating agreement (some banks request this)
- An initial deposit (amount varies by bank)
Important
Mixing personal and business funds can undermine your LLC's liability protection. Courts call this "piercing the corporate veil," and it can make you personally responsible for business debts.
Top 3 LLC Formation Services
We've independently reviewed the top LLC formation services in North Dakota. Here's how they compare.
| Feature | Northwest Registered Agent Best Overall | ZenBusiness Best for LLC Formation | Tailor Brands Best for Branding |
|---|---|---|---|
| Starting Price | $39 + state fees | $0 + state fees | $0 + state fees |
| Formation Speed | Same-day filing | 1-10 business days | 2-14 business days |
| Support | Lifetime Corporate Guides | Phone, Chat, Email | Phone, Chat, Email |
| States Covered | 50 states | 50 states | 50 states |
| In Business Since | 1998 | 2015 | 2014 |
| Get Started → | Get Started → | Get Started → |
Frequently Asked Questions
What to Do Next
Once your North Dakota LLC is approved, take these steps to set your business up for success.
Get an EIN
Apply for free in about 10 minutes at IRS.gov — required before opening a bank account or hiring anyone.
Open a Business Bank Account
Keep personal and business finances separate from day one. Bring your EIN, Articles of Organization, and a government ID.
Create an Operating Agreement
Even if North Dakota does not require one, an operating agreement protects your liability shield and defines how the LLC is managed.
File Your Annual Report
Set a calendar reminder now. Missing your Annual Report deadline can result in late fees or administrative dissolution.
Ready To File?
Start your North Dakota LLC with Northwest Registered Agent. $39 + state fee includes registered agent, business address, domain, and more.
About the Author
Legal & Compliance Analyst
Daniel grew up in the shadow of Silicon Valley but chose the legal route over engineering, working as a paralegal for a corporate law firm specializing in mergers and acquisitions. He realized that early-stage founders were constantly making catastrophic legal mistakes because they couldn't afford a $500/hour attorney, prompting his move to B2B media.
Was this article helpful?
Questions about forming an LLC in North Dakota
4 comments
Willa B.
July 12, 2026
What does it cost to form and keep an LLC here?
Daniel WongStartupOwl team
Legal & Compliance Analyst · July 14, 2026
$135 to file online, then a $50 annual report due November 15 every year. Processing runs about 5 business days.
KH
July 6, 2026
do i get the EIN from north dakota or the irs? the state site keeps mentioning it but has no form
Daniel WongStartupOwl team
Legal & Compliance Analyst · July 7, 2026
The IRS, not the state, and it is free at irs.gov, ten minutes online. The state mentions it because banks and employees require it, but North Dakota never issues it. Anyone charging you for just an EIN is charging for a free form.
Leave a comment