Step 1: Choose a name North Dakota will accept
The name has to end with “Limited Liability Company”, “LLC” or “L.L.C.”. It also has to differ from the names already on the North Dakota Secretary of State's records, and some words need another agency's approval. Check an LLC name in North Dakota against those rules and the registered names we hold, then confirm it on the official search.
Not ready to file? A reservation holds the name: $10, for 12 months (renewable). See how to reserve an LLC name.
Step 2: Appoint a registered agent
The Articles of Organization names a registered agent: a person or company with a street address in North Dakota who receives lawsuits and official notices for the LLC during business hours. You can usually serve yourself if you live in the state, or pay a commercial agent a yearly fee.
Our sister site lists the registered agents North Dakota companies use most, with how many companies each one serves.
Step 3: File the Articles of Organization
File it with the North Dakota Secretary of State. The fee is $135. File online, or on paper. The LLC exists once the state accepts the filing.
Step 4: Write an operating agreement
North Dakota doesn't require one (N.D.C.C. § 10-32.1-13(1)-(2)), but without it the state's default rules decide how the LLC is run and how profits and votes are shared. It stays in the company's records; it isn't filed.
Make a free North Dakota LLC operating agreement and download it as a Word file.
Step 5: Get an EIN
An EIN (employer identification number) is the LLC's federal tax ID: banks ask for it to open a business account, and the LLC needs one to hire. The IRS issues it free; apply online at irs.gov once North Dakota has accepted the Articles of Organization.
Step 6: File the North Dakota LLC annual report
Fee: $50. Due: November 15 each year, beginning the year after registration; late filing fee applies. (Source: Limited liability company LLC, sos.nd.gov.)
| After formation | North Dakota |
|---|---|
| Recurring report | $50 each year (by November 15) |
| State tax or fee on LLCs | None |
| Proof of good standing | Certificate of Good Standing, $20 |
Missing the recurring filing is the most common way an LLC loses its good standing, and in time its existence. On our sister site, look up an LLC's status or see how to get a North Dakota certificate of good standing.
What it costs to start an LLC in North Dakota
| State fee | Amount |
|---|---|
| Formation filing | $135 |
| First year, state fees | $135 |
| Each year after | $50 |
Over five years, North Dakota's state fees come to $335. These are state fees only: a commercial registered agent, a publication notice and income taxes are extra. Compare every state's fees, with the options to reserve the name or file faster.
Sources
Limited liability company LLC, sos.nd.gov, checked 2026-10-07
Register business, sos.nd.gov, checked 2026-10-07
Maintain registration, sos.nd.gov, checked 2026-10-07
N.D. Admin. Code 72-03-02 (PDF), ndlegis.gov, checked 2026-10-07
ndlegis.gov, checked 2026-10-07
Apply for an EIN online, irs.gov
How to start an LLC in North Dakota
- Choose a name North Dakota will accept and check it against the North Dakota Secretary of State's records.
- Appoint a registered agent with a street address in North Dakota.
- File the Articles of Organization with the North Dakota Secretary of State ($135).
- Write an operating agreement.
- Get a free EIN from the IRS.
- Keep up with the recurring filings and fees.
Common questions
How much does it cost to start an LLC in North Dakota?
$135 to file the Articles of Organization. The state's fees come to $135 in the first year and $50 a year after that; a registered agent service or a newspaper notice costs extra.
How long does it take to start an LLC in North Dakota?
The North Dakota Secretary of State doesn't publish a processing time; its site shows how to file and check on a filing.
Do I need an operating agreement in North Dakota?
North Dakota doesn't require one (N.D.C.C. § 10-32.1-13(1)-(2)), but it's the document that says who owns the LLC and how it's run; banks and partners often ask for it.
Can I start an LLC in North Dakota online?
Yes. The North Dakota Secretary of State takes the Articles of Organization online, for $135.
When is the North Dakota LLC annual report due?
November 15 each year, beginning the year after registration; late filing fee applies.
Does North Dakota require an annual report for LLCs?
Yes. North Dakota's recurring filing: $50 each year (by November 15).