How to Form an Anonymous LLC in North Dakota | Protect Your Identity

Form an Anonymous LLC in North Dakota

Starting a Limited Liability Company in North Dakota offers business owners flexibility, simplicity, and asset protection. In North Dakota, you can take the benefits of an LLC a step further by forming an anonymous LLC. An anonymous LLC lets you keep your personal information private, making it an attractive option for entrepreneurs who value privacy and asset protection. In this article, we will discuss the process of How to Form an Anonymous LLC in North Dakota and the benefits of doing so.

Webinarcare Editorial Team will help you form your North Dakota Anonymous LLC. You must be guided by all the factors gathered in this article.

What is an Anonymous LLC?

An anonymous LLC (Limited Liability Company) is a business entity that allows its owners or members to maintain a higher degree of privacy and anonymity. This is achieved by not disclosing the owners’ or members’ names or personal information on public records, such as registration documents or annual reports. Unlike a Limited Liability Company, an anonymous LLC aims to protect its members’ privacy and minimize the risk of personal lawsuits or unwanted attention. However, it is important to note that anonymity may be limited, as certain circumstances may require disclosing owner information, such as in legal disputes or compliance with regulatory requirements.

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Before you start creating an anonymous LLC, it is advised that you consult with a legal expert. They will be aware of what’s best for you and your business. You can always start an LLC in North Dakota if you wish to protect your personal assets from business debts.

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How to Form an Anonymous LLC in North Dakota

To form an Anonymous LLC for your business, you must follow the guidelines that include the choose a unique name for your anonymous LLC, hiring a Registered Agent, preparing and filing your Articles of Organization, obtaining an EIN, create an LLC operating agreement, obtain a business bank account, and maintain in compliance.

Step 1: Choose a Unique Name

The first step in forming an anonymous LLC in North Dakota is to select a unique name for your business. Ensure another company still needs to use the name by checking the North Dakota Secretary of State’s business name database.

There is a complete guide on North Dakota Business Name Search for you to have a proper LLC business name. Here are some of the 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. You must file a name reservation application in the North Dakota Secretary of State to keep the name.

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.

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Step 2: Hire a Registered Agent

To form an anonymous LLC in North Dakota, you must hire a Registered Agent. This is a third-party entity responsible for receiving official correspondence on behalf of your LLC. Your personal information remains private by using a Registered Agent.

It’s essential to choose a reliable and responsible Registered Agent, as failure to receive and respond to legal documents can have serious consequences for your anonymous LLC. Some businesses use Registered Agent Services to ensure compliance and proper handling of legal matters.

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Step 3: File the Articles of Organization

The Articles of Organization must be filed with the North Dakota Secretary of State to form your LLC officially. These documents will include basic information about your business, such as the name, purpose, and registered agent. Be sure not to include your personal information in these documents to maintain your anonymity.

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 North Dakota 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.

Once you have successfully filed your Articles of Organization and it has been approved, your anonymous LLC is officially formed. However, remember to complete additional steps, such as obtaining an EIN, creating an operating agreement, opening a business bank account, and maintaining compliance.

Step 4: Obtain an Employer Identification Number (EIN)

An EIN is required to open a business bank account for tax purposes. You can apply for an EIN in North Dakota through the Internal Revenue Service 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.

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Step 5: Create an Operating Agreement

Although not required by North Dakota law, creating an operating agreement in North Dakota for your anonymous LLC is recommended. This document outlines your business’s management structure, ownership interests, and operating procedures.

The operating agreement includes information like-

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

Step 6: Open a Business Bank Account

To keep your personal finances separate from your business, open a business bank account using your EIN and business name. Separate your personal and business finances by opening a dedicated bank account for your holding company. This separation helps preserve the limited liability protection offered by the LLC structure.

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Step 7: Maintain Compliance

To keep your anonymous LLC in good standing, be sure to file Annual Reports and any required tax filings with the North Dakota Secretary of State and maintain a Registered Agent.

Benefits of an Anonymous LLC in North Dakota

Even though some people decide what to do with their businesses, important benefits will help you set up an anonymous LLC in North Dakota.

  • Privacy: By forming an anonymous LLC, your personal information, such as your name and address, will not be listed in public records. This can protect you from potential lawsuits, identity theft, and unwanted solicitations.
  • Asset Protection: An anonymous LLC can help protect your personal assets from creditors and lawsuits. Keeping your identity hidden makes it more difficult for potential litigants to target your personal assets.
  • Enhanced Business Image: An anonymous LLC can give the impression that your business is larger and more established than it is. This can be beneficial in attracting clients and investors.
  • Ease of Management: An anonymous LLC is typically easier to manage than other business structures, with fewer compliance requirements and formalities.

Difference Between an LLC and an Anonymous LLC in North Dakota

In North Dakota, when you form a regular LLC, you are required to disclose the names and addresses of the members (owners) and managers of the LLC. This information typically becomes part of the public record, meaning anyone can access it, and the owner’s association with the business is not private.

An anonymous LLC allows the owner(s) to keep their identity and personal information private. The formation documents for an anonymous LLC do not require the disclosure of the members’ names and addresses. Instead, a registered agent or nominee is listed on the formation documents as a buffer between the public record and the actual owner(s).

Why Does Forming an LLC Need to be Anonymous?

Forming an LLC does not necessarily need to be anonymous, but some business owners choose to create an anonymous LLC for various reasons:

  • Privacy Protection: An anonymous LLC helps protect the owner’s personal information and identity from being publicly accessible. Many business owners value their privacy and prefer to keep their involvement in certain business ventures confidential, especially if they have high-profile positions or are involved in multiple businesses.
  • Asset Protection: By keeping the ownership details private, an anonymous LLC can make it more difficult for potential creditors, litigants, or other parties to discover and target the owner’s personal assets in case of a lawsuit or debt collection.
  • Enhanced Business Reputation: In some cases, anonymity can help improve the reputation of a business. For example, if a business is involved in a controversial industry or the owner has a controversial past, keeping the ownership private can prevent negative publicity from affecting the business.
  • Easier to Attract Investors: An anonymous LLC can make it easier to attract investors who may be hesitant to invest in a company if they know the owner’s identity. Investors may focus more on the business opportunity than the owner’s history or background.
  • Reduced Identity Theft Risk: Creating an anonymous LLC can help protect the owner’s personal information from falling into the wrong hands, thus minimizing identity theft risk.

Are There Drawbacks in Forming an Anonymous LLC?

While forming an anonymous LLC can provide privacy benefits, there are potential drawbacks. These can include:

  • Limited Banking Options: Some banks may hesitate to open accounts for anonymous LLCs due to concerns about money laundering or other illicit activities.
  • Additional Costs: Forming and maintaining an anonymous LLC, especially in another state, can involve additional costs, such as registered agent fees and annual filing fees.
  • Potential Scrutiny: Anonymous LLCs may attract more attention from regulatory authorities as they can sometimes be associated with illicit activities.

FAQs

What is an anonymous LLC?
An anonymous LLC is a limited liability company where the owner’s identity is kept confidential.
Can I form an anonymous LLC in North Dakota?
Yes, you can form an anonymous LLC in North Dakota.
Is it legal to form an anonymous LLC in North Dakota?
Yes, it is legal to form an anonymous LLC in North Dakota.
How do I form an anonymous LLC in North Dakota?
You can form an anonymous LLC in North Dakota by filing the required paperwork with the Secretary of State’s office.
What are the filing fees to form an anonymous LLC in North Dakota?
The filing fees to form an anonymous LLC in North Dakota are $135.
What is the turnaround time for forming an anonymous LLC in North Dakota?
The turnaround time for forming an anonymous LLC in North Dakota is typically two to three business days.
Can I use a registered agent to form an anonymous LLC in North Dakota?
Yes, you can use a registered agent to form an anonymous LLC in North Dakota.
Can a non-resident form an anonymous LLC in North Dakota?
Yes, a non-resident can form an anonymous LLC in North Dakota.
What documents do I need to form an anonymous LLC in North Dakota?
You will need the articles of organization and other required paperwork to form an anonymous LLC in North Dakota.
Are there any specific privacy requirements to form an anonymous LLC in North Dakota?
Yes, you need to ensure that the filing paperwork for your anonymous LLC in North Dakota includes a statement that the members and managers’ names and addresses are confidential.
Do anonymous LLCs in North Dakota have to file an annual report?
Yes, anonymous LLCs in North Dakota have to file an annual report.
Are there any filing deadlines for annual reports for anonymous LLCs in North Dakota?
Yes, the filing deadline for annual reports for anonymous LLCs in North Dakota is November 15th.
Can I change from a regular LLC to an anonymous LLC in North Dakota?
Yes, you can change from a regular LLC to an anonymous LLC in North Dakota by filing the necessary paperwork with the Secretary of State’s office.
Are anonymous LLCs in North Dakota required to have a FEIN?
Yes, anonymous LLCs in North Dakota are required to have a Federal Employer Identification Number (FEIN).
Do anonymous LLCs in North Dakota have the same tax requirements as regular LLCs?
Yes, anonymous LLCs in North Dakota have the same tax requirements as regular LLCs.
Can anonymous LLCs in North Dakota be sued in court?
Yes, anonymous LLCs in North Dakota can be sued in court.
Can I operate any type of business with an anonymous LLC in North Dakota?
Yes, you can operate any type of business with an anonymous LLC in North Dakota.
Are anonymous LLCs in North Dakota required to announce their existence in a newspaper?
No, anonymous LLCs in North Dakota are not required to announce their existence in a newspaper.
Can an anonymous LLC in North Dakota hold real estate?
Yes, an anonymous LLC in North Dakota can hold real estate.
How many members do I need to have to form an anonymous LLC in North Dakota?
You only need one member to form an anonymous LLC in North Dakota.
Can an anonymous LLC have non-US members or managers?
Yes, an anonymous LLC in North Dakota can have non-US members or managers.
Can an anonymous LLC own a vehicle in North Dakota?
Yes, an anonymous LLC in North Dakota can own a vehicle.
Are anonymous LLCs in North Dakota required to have a business address in the state?
Yes, anonymous LLCs in North Dakota are required to have a business address in the state.
Is it a simple process to convert my existing LLC to an anonymous LLC in North Dakota?
It can be a simple process to convert your existing LLC to an anonymous LLC in North Dakota if you file the required paperwork and meet all the requirements.
Can I hold stock in a corporation through my anonymous LLC in North Dakota?
Yes, you can hold stock in a corporation through your anonymous LLC in North Dakota.
Can I still ask for business credit with an anonymous LLC in North Dakota?
Yes, you can still ask for business credit with an anonymous LLC in North Dakota, but it may be more difficult as the lenders will not know your identity.
Can my anonymous LLC be held responsible for taxes on S corporations or partnerships it invests in?
Yes, your anonymous LLC can be held responsible for taxes on S corporations or partnerships it invests in.
Are there any special requirements for anonymous LLCs conducting business in North Dakota?
No, there are no special requirements for anonymous LLCs conducting business in North Dakota.
Why is North Dakota a popular state to form an anonymous LLC?
North Dakota has strong privacy laws and allows for members of an LLC to remain anonymous.
How can I form an anonymous LLC in North Dakota?
You can form an anonymous LLC in North Dakota by filing the Articles of Organization with the Secretary of State.
Can I use a registered agent service for my anonymous North Dakota LLC?
Yes, you can use a registered agent service to maintain your anonymity as a member of the LLC.
How long does it take to form an anonymous LLC in North Dakota?
It typically takes between 2-3 weeks to form an anonymous LLC in North Dakota.
What is the cost to form an anonymous LLC in North Dakota?
The filing fee for Articles of Organization is $135, and there is a $50 annual report fee, which is due by November 15th every year.
Is a business address required to form an anonymous LLC in North Dakota?
Yes, a business address is required to form an anonymous LLC in North Dakota. However, this can be the address of the registered agent.
Can I use a PO Box as my business address for my North Dakota LLC?
No, a PO Box cannot be used as the business address for a North Dakota LLC.
Can an anonymous LLC in North Dakota have multiple members?
Yes, an anonymous LLC in North Dakota can have multiple members.
Do I need to have a North Dakota resident as a member of my anonymous LLC?
No, you do not need to have a North Dakota resident as a member of your anonymous LLC.
Are there any tax benefits to forming an anonymous LLC in North Dakota?
North Dakota does not have a state corporate income tax, which may be a benefit for some businesses.
Can I operate a business outside of North Dakota if I form an anonymous LLC there?
Yes, an anonymous LLC in North Dakota can operate a business outside of the state.
Can anybody view the members of my North Dakota anonymous LLC?
No, the names of the members are not public record in North Dakota.
What is the annual filing requirement for my anonymous North Dakota LLC?
You are required to file an annual report with the North Dakota Secretary of State by November 15th of each year.
How long does the annual report for an anonymous North Dakota LLC typically take to file?
Filing the annual report for an anonymous North Dakota LLC typically only takes a few minutes.
Do I need to have an operating agreement for my anonymous North Dakota LLC?
It is not required to have an operating agreement for an anonymous North Dakota LLC, but it is recommended.
Can I open a bank account for my North Dakota anonymous LLC without revealing the members?
Some banks may require the disclosure of members, but there are banks that will allow for anonymity.
Do I need to have a business license to operate in North Dakota as an anonymous LLC?
Yes, you may need to obtain a business license depending on the type of business you are operating.
Can I designate a manager for my anonymous North Dakota LLC?
Yes, you can designate a manager for your anonymous North Dakota LLC.
Are there any fees for designating a manager for my North Dakota anonymous LLC?
No, there are no fees for designating a manager for your North Dakota anonymous LLC.
Can I convert my existing LLC to an anonymous LLC in North Dakota?
Yes, you can convert your existing LLC to an anonymous LLC in North Dakota by filing Articles of Conversion.
Is it possible to change the members of my anonymous North Dakota LLC without revealing their identities?
Yes, you can change the members of your anonymous North Dakota LLC without revealing their identities.
Is it possible to dissolve an anonymous North Dakota LLC without revealing the members online?
Yes, it is possible to dissolve an anonymous North Dakota LLC without revealing the members online.
Can I change the name of my anonymous North Dakota LLC after it has been formed?
Yes, you can change the name of your anonymous North Dakota LLC by filing an amendment with the Secretary of State.
Will my anonymous North Dakota LLC be treated differently for tax purposes than a regular LLC?
No, there is no difference in the tax treatment of an anonymous North Dakota LLC compared to a regular LLC.
Can an anonymous North Dakota LLC own property and assets?
Yes, an anonymous North Dakota LLC can own property and assets.
What is the penalty for failing to file the annual report for my anonymous North Dakota LLC?
The penalty for failing to file the annual report for your anonymous North Dakota LLC is $20 per month after the due date.
Do I need to publish a notice of formation for my anonymous North Dakota LLC?
No, you do not need to publish a notice of formation for your anonymous North Dakota LLC.
Can an anonymous North Dakota LLC be sued?
Yes, an anonymous North Dakota LLC can be sued, but the members’ identities will be protected.

Also Read

Why You Should Start North Dakota Anonymous LLC

First and foremost, forming an LLC in North Dakota provides a level of anonymity that you won’t find in most other states. Unlike in other states where the names of LLC owners are made public, North Dakota allows for complete anonymity by not requiring the disclosure of member names in the formation documents. This means that you can protect your privacy and keep your business dealings confidential.

Additionally, North Dakota offers a business-friendly environment with low costs and minimal red tape. The state has no corporate income tax, no personal income tax, and no franchise tax for LLCs. This means that you can keep more of your hard-earned money and reinvest it back into your business.

In addition to the financial benefits, starting a North Dakota Anonymous LLC also provides liability protection for your personal assets. By structuring your business as an LLC, you create a legal separation between your personal assets and your business liabilities. This means that in the event of a lawsuit or bankruptcy, your personal assets such as your home, car, and savings accounts are protected.

Furthermore, forming an LLC can lend credibility to your business. By officially registering your business with the state, you show potential clients and partners that you are serious about your business and are committed to following proper legal procedures. This can help you attract more business and build trust with your customers.

Another benefit of starting a North Dakota Anonymous LLC is the flexibility it offers in terms of management and structure. LLCs allow for pass-through taxation, meaning that profits and losses pass through to the individual members of the LLC and are reported on their personal tax returns. This can simplify tax reporting and lead to potential tax benefits for members.

Overall, forming a North Dakota Anonymous LLC is a smart business move that can offer you countless benefits. From protecting your privacy and personal assets to enjoying tax advantages and increased credibility, there are plenty of reasons why you should consider starting an LLC in North Dakota. So why wait? Take the first step towards a more secure and successful business today.

Conclusion

Forming an anonymous LLC in North Dakota can provide numerous benefits for entrepreneurs, including increased privacy and asset protection. Following the steps outlined in this article, you can successfully establish an anonymous LLC and enjoy its advantages. However, consulting with an attorney or professional advisor is always recommended to ensure you make the best decisions for your unique business needs.

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