How to Start an LLC in North Dakota | 2023 Guide

If you would like to start an LLC in The Peace Garden State, there are a few things that you should consider. In North Dakota, putting up a limited liability company (LLC) will benefit you and your business. Starting an LLC is attractive for many entrepreneurs looking to establish a new business. Protecting your assets and maintaining good standing in North Dakota is vital.

An LLC combines the benefits of a partnership’s flexibility with the limited liability protection of a business. This business structure is particularly popular among small business owners because it offers a simplified tax structure and reduced legal formalities compared to traditional corporations. 

For you to attain and create the most vital LLC in North Dakota, Webinarcare Editorial Team has published the following steps to see what we can do to help you launch your business venture. By following these steps, you’ll be well on your way to launching a successful LLC and enjoying this business structure’s advantages. Look through and digest the steps so we can make your business a success. To learn everything about starting an LLC in North Dakota, I recommend reading the whole article until the end.

Steps on How to Start an LLC in North Dakota

To form an LLC for your North Dakota business, you must follow the guidelines that include naming your LLC, hiring a Registered Agent, filing your Articles of Organization, creating your LLC operating agreement, getting an employer identification number, opening a bank account and getting business licenses and permits.

Step 1: Name your LLC in North Dakota

After you have decided on the idea to form an LLC in North Dakota, deciding the name for your LLC is significant. There is a complete guide on  LLC name guidelines for you to have a proper LLC business name. Here are some regulations you must follow while naming your LLC,

• The name should not be confused with a government entity.
• The name should be unique.
• The name should be available to use.
• Any other business does not use the name.
• The new name must include “LLC” if it is a limited liability company.

In North Dakota, if you do not wish to file your LLC right away but want to hold the name that you have decided on, then you can reserve your LLC name for 1 year. To keep the name, you must file a name reservation application in North Dakota Secretary of State. 

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You can register your business under a different legal name if your preferred name isn’t available. Once you have chosen a name, you can submit an application for a DBA (doing business as). In this manner, you can choose any name you desire for your business. A DBA allows a company to operate under the name of the person or entity who owns it. If you have decided to file for a DBA, you can file it in two methods, by mail and in person. for an easier way. However, before filing a DBA, you should know that you need to renew your DBA up to five years, which costs around $25.

Step 2: Hire a Registered Agent in North Dakota

Hiring a Registered Agent in North Dakota is a must since a Registered Agent is a person or business entity responsible for receiving important legal documents on behalf of your North Dakota LLC. Most states require you to designate a Registered Agent when forming your LLC. 

The qualifications of a Registered Agent vary depending on the jurisdiction. Still, generally, a Registered Agent must meet the following criteria:

• Availability: The North Dakota Registered Agent must be available during regular business hours to receive and process legal documents and official correspondence.
• Physical Address: The North Dakota Registered Agent must have a physical street address within the state where the LLC is registered. This address, known as the registered office, cannot be a P.O. Box.
• Residency or Authorization: For individuals serving as North Dakota Registered Agent, they must be residents of the North Dakota  where the LLC was formed. A business entity acting as a Registered Agent must be authorized to do business within that state.
• Age: The Registered Agent must be at least 18 years old.
• Good standing: The Registered Agent should not have any legal or financial issues that impede their ability to fulfill their duties.

Choosing a reliable and responsible Registered Agent is essential, as failure to receive and respond to legal documents can seriously affect your business. Some businesses use professional Registered Agent services to ensure compliance and proper handling of legal matters.

However, if you would like to have an easier process in filing the necessary documents, you can get a Registered Agent Services.

Step 3: File your Articles of Organization in North Dakota

The Articles of Organization for an LLC is an important document to start your limited liability company (LLC). North Dakota Articles of Organization is a simple document that contains the business name and address as well as the name and address of the person who received lawsuits on behalf of the organization. 

Here are the guidelines and specific requirements in filing your Articles of Organization in North Dakota.

1. Obtain the Necessary Forms: Visit the North Dakota’s business filing office website, usually the North Dakota Secretary of State’s office, to download the required forms or file online. 

2. Provide the Required Information: Fill in the necessary details in the form, which typically include:

• The name of your LLC (must include an LLC designator such as “LLC,” “L.L.C.,” or “Limited Liability Company”)
• The purpose of your LLC (a general statement or specific business activities)
• The address of your LLC’s principal place of business
• The name and address of your registered agent (the person or business entity responsible for receiving legal documents on behalf of your LLC)
• The management structure of your LLC (member-managed or manager-managed)
• The duration of your LLC, if not perpetual
• The names and addresses of the LLC’s organizers or members

3. Sign and File the Form: Submit the completed form in the {state} state office, either by mail, in person, or online. You may mail it at North Dakota, 600 E Boulevard Avenue Dept 108, Bismarck ND 58505-0500.

4. Pay the Filing Fee: When you submit your Articles of Organization, you’ll need to pay a filing fee of $135. Make sure to check and include the correct payment with your submission.

5. Receive Confirmation: After your Articles of Organization have been filed and processed, you’ll receive a confirmation from North Dakota, typically a stamped and approved copy of the document or a Articles of Organization.

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Once you have successfully filed your North Dakota Articles of Organization and it has been approved, your North Dakota LLC is officially formed. However, remember to complete additional steps, such as creating an Operating Agreement, obtaining an EIN, and registering for any required licenses and permits.

Step 4: Create your North Dakota Operating Agreement

An operating agreement is a document that contains all of your company’s organizational details. It is not required to draft an operating agreement in most states. Yet, having one as an internal document is strongly advised. The North Dakota operating agreement includes information like-

• About Business
• Members and management
• Capital contribution
• Profit Distribution
• Change of membership
• Dissolution

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Step 5: Get an EIN

After documenting the North Dakota operating agreement, you should get or request an Employer Identification Number (EIN) in North Dakota. An EIN will serve as the tax ID for your professional corporation. EIN can be obtained from the Internal Revenue Service (IRS). It is a 9-digit number similar to Social Security Number. EIN, however, is distinct from SSN. It is only used for business-related activities, particularly for submitting general taxes. The form must be completed and uploaded to the IRS website. 

The application of an EIN in North Dakota can be through the following:

• Apply Online- The online EIN application is the preferred method for customers to apply for and obtain an EIN.
• Apply by Fax- Taxpayers can fax the completed Form SS-4 application to the appropriate fax number), after ensuring that the Form SS-4 contains all of the required information.
• Apply by Mail- The EIN application Form SS-4 can be filed via mail. The processing time frame to receive the mail is four weeks.
• Apply by Telephone-International Applicants – International applicants may call 267-941-1099 (not a toll-free number) from 6 a.m. to 11 p.m. (Eastern Time) Monday through Friday to obtain their EIN.

In obtaining an EIN for your LLC, you should be aware to ensure that your LLC is eligible for an EIN. You need an EIN if you have employees, operate as a corporation or partnership, or meet other specific IRS criteria. Before applying, gather the required information, including your LLC’s name, mailing address, and the responsible party’s Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN). Also, you can apply for an EIN through various methods, including online, by fax, mail, or telephone (for international applicants).

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Step 6: Open a Bank Account and Prepare for Taxes

After you have filed for and received your Employer Identification Number, you should open a bank account because you will use this account for yourself, your clients, and your employees.

Your business dealings in North Dakota  might be simpler with a US business bank account because it boosts your company’s legitimacy and liquidity. Most banks demand an EIN to create a business bank account for firms other than sole proprietorships. Also, having an EIN makes tax preparation easier. You can anticipate paying employment and corporate taxes with North Dakota LLC.

Opening a bank account is necessary for North Dakota business. If you are still wondering where to open an account in your North Dakota, you should check the Best Bank for Small Business in North Dakota.

Step 7: Get a Business and License Permit

You must get a business license before establishing your LLC in North Dakota. North Dakota business license is a legal document granted by a state government body that permits you to conduct business within the area under its jurisdiction. The price of business licenses and permits in North Dakota ranges from $50 – $300. If there is a requirement for a specific license or city-based permit, you must inquire with the North Dakota Secretary of State.

Cost to Form an LLC in North Dakota

Even if you have a business name and structure in mind, you should consider whether you can afford the costs of forming an LLC in North Dakota. Articles of Organization costs around $135. The initial filing fee is $135, and the annual fee is $50. 

If you forget to pay the annual fee for your North Dakota LLC, you will have a penalty of $50. However, you can check the North Dakota LLC Cost for additional information.

Advantages of Creating North Dakota LLC

Even though some people decide on what to do with their businesses, some choose to put it in their own individual name, while others still choose to set it up via LLC in North Dakota. Important benefits will help you set up an LLC in North Dakota. 

• Pass-Through Taxation: The pass-through structure will make the company not pay twice the tax. Most start-ups and entrepreneurs in North Dakota apply for an LLC because of this structure. Pass-through taxation refers to how income and losses from an LLC (Limited Liability Company) are passed through to its members (owners) for tax purposes rather than being taxed at the business entity level. This means the LLC does not pay federal income taxes; the members’ profits and losses are allocated based on their interests. Each member then reports their share of the LLC’s income or losses on their personal tax returns and pays taxes at their individual tax rates.
• Ownership Flexibility: If you need sole and primary control over your company’s operations, a sole proprietorship or an North Dakota in State will allow you to do so. If you apply for an LLC in North Dakota with flexibility, you will have default rules set by law and need an operating agreement.
• Personal Liability Protection: Personal Liability Protection protects your business from damage, debts, or legal obligations. In personal liability protection, the company’s profits and earnings will stay as is even if your company is about to be sued. This protection of having an LLC in North Dakota can also be extended to the company’s properties and assets. Many start-up companies will benefit from this since most are starting to build a company. Even if liability exists, the LLC in North Dakota will protect its assets. 

FAQs

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Conclusion

In conclusion, starting an LLC in North Dakota is a strategic choice for entrepreneurs seeking a flexible, straightforward business structure with limited liability protection. By following the essential steps, including choosing a business name, filing Articles of Organization, appointing a Registered Agent, creating an Operating Agreement, obtaining an EIN, and securing the necessary licenses and permits, you can successfully establish your LLC. This business structure offers numerous advantages, such as pass-through taxation and ownership flexibility, making it an attractive option for small business owners looking to grow and protect their ventures. As always, consult legal and business professionals for guidance specific to your situation and state requirements.