Completing and filing Articles of Incorporation is necessary for forming a corporation in North Dakota. We’ll walk you through the process. If you need additional help to start your corporation, you can refer to our site for information and guidance.
The North Dakota Business Corporation Act requires that all corporations formed within the state’s boundaries must file Articles of Incorporation (AOI) with the Secretary of the State. Once approved, you’re corporation is officially up and running! Incorporating a company can offer several benefits like tax reliefs, limited liability, and credibility, so let’s take a closer look at what information the state requires.
Statutes that Require Corporations to File North Dakota Articles of Incorporation
You need to file for incorporation to legally run your corporation. The form includes details about the business entity as per section 10-19.1-10.
- Give a specific business purpose as per Section 10-19.1.08.
- Section 10-19.1-83 governs a business entity unless it’s specified otherwise in the North Dakota Articles of Incorporation.
- You can name members, owners, managers, and directors in the articles under Section 10-19.1-92.
- The filing of the Articles are sent to the Secretary of State according to Section 10-19.1-11.
- The Secretary of State will check the information and whether the fee has been paid as per Section 10-19.1-147.
How to Complete the Articles of Incorporation Form
Online filing is the simplest method to file your Articles of Incorporation. You can complete the process through FirstStop, the online filing portal of the North Dakota Secretary of State. Complete your application on the portal or print the form to mail it. Don’t forget to mention if your entity will operate in the state or out of state.
You may register your organization in another state or country, but want to do business in North Dakota. In this case, file for the Certificate of Authority as a foreign corporation. You can’t obtain this certificate to do business in banking and insurance.
What Information to Provide in the Form
The key information to include in your Articles of Incorporation:
Business Entity Name
Chapter 10-19 series 1-13 specifies the requirements for a business entity name. If you set up a business corporation, it must have one of the following designators in its name: Incorporated, Corporation, Company, Limited, Inc., Corp., Co., or Ltd.
Your name must be unique and not in use by any other business in the state. You can search the official database to see if there’s any other business operating with the same name.
If you find that your chosen name is available, check out our business name reservation service. We’ll reserve your name so no one takes it while you’re getting your papers in order.
The Registered Agent
Every organization doing business in North Dakota is required to specify a registered agent with a registered address in the state in its Articles of Incorporation. The corporation itself can’t act as its own registered agent.
Registered agents must have a physical address in the state and be available during standard business hours. They accept legal documents as well as correspondence from the state’s business entity formation agency on behalf of your corporation. If you don’t want to be tied to your office all day, hire one of our registered agent partners.
Specific Business Purpose
You don’t need to provide a specific business purpose, but the state allows you to do so if you feel that is the best choice for your company.
Address of the Principal Executive Office
If you create a North Dakota corporation, you’ll need a principal executive office to run and manage operations.
Effective Date of Incorporation
If you want your entity to start its business later than the date of incorporation, mention it on the Articles of Incorporation form.
Organizer or Incorporator
An incorporator or organizer files the Articles of Incorporation with the Secretary of State. Once you appoint a board of directors for your corporation, you no longer need an incorporator.
It’s optional to provide your bylaws in the Articles of Incorporation. You should still file them to stay compliant and protect your personal assets from any liability.
Include supplemental form(s)
Per NDCC Section 10-19.1-34, foreign entities need a Certificate of Authority to work in the state. The certificate is issued by the Secretary of State after assessing your application.
With this certificate, you don’t need to incorporate a new entity. The process is simple and the forms are available online on FirstStop. It’s essential to transact business in North Dakota, begin a contract, get new licenses, or open a bank account.
Apart from the Certificate of Authority, a foreign business entity must also provide a Certificate of Good Standing (CGS). It’s also called a Certificate of Fact or Certificate of Existence. It verifies your compliance with the state laws for running your business and up-to-date tax payments.
How to Submit the Form
You can complete your AOI online or via mail. You can file it online using FirstStop, and via mail to the Secretary of State. Check the Secretary of State website for the latest filing fees. The Secretary of State takes around two to three weeks to approve online applications.
After you file, you’ll want to make sure you stay in good standing with the state. Use our Worry Free Compliance service to put your mind at ease and focus on what’s important. We’ll send you reminders about important dates and file your annual report.
This guide tells you everything about filing Articles of Incorporation in North Dakota. For any help or support, call us. ZenBusiness offers business formation solutions that include Articles of Incorporation and much more. Check them out today!
North Dakota Articles of Incorporation FAQs
- What does it cost to incorporate in North Dakota?
For the most current fees and methods of payment available, check with the North Dakota Secretary of State website.
- How long does the incorporation process take in North Dakota?
The average processing time varies according to the mode of application. Online, you can expect two to three weeks. It may take four to six weeks for a mailed copy.
- Who processes the North Dakota Articles of Incorporation?
The Secretary of State processes the Articles of Incorporation.
- What North Dakota statute governs the North Dakota Articles of Incorporation?
North Dakota Business Corporation Act Section 10-19.1-10 governs the requirements of the Articles of Incorporation.
- Do I need an attorney to file the North Dakota Articles of Incorporation?
No. You’re not required to use an attorney. However, if you need help in filing the articles, you can get in touch with ZenBusiness to do the job.