Form a North Dakota LLC in 6 steps: choose a name, appoint a registered agent, file Articles or a Certificate of Organization with the Secretary of State, create an operating agreement, obtain an EIN, and secure required licenses and permits.
Starts at $0 + ND state fees and only takes 5-10 minutes
Last Updated: March 12, 2026
Kicking off a North Dakota LLC might feel akin to predicting the state’s ever-changing weather. One moment it’s a calm day, and before you know it, you’re in the midst of a prairie whirlwind. But just like the vast North Dakota skies, there’s ample room for businesses to rise and shine, reminiscent of the state’s iconic sunflowers.
In order to start an LLC in North Dakota, you’ll need to register the business with the state government. This is an important step — the government must officially recognize your North Dakota limited liability company as legitimate for your company to begin operating. This also helps the state of North Dakota keep you informed about changes to important business laws and procedures.
You’ll also have some other tasks to complete. This includes choosing an official name for your LLC, selecting your company’s registered agent, creating an operating agreement to mandate how your LLC will operate, and setting your LLC up to pay taxes.
Before we delve deep, it’s essential to note that this guide is tailored for those wishing to sow the seeds of a domestic LLC in the Peace Garden State. We’ll also explain the basics of forming a professional LLC (PLLC), an LLC organized by licensed professionals like doctors, attorneys, or engineers. If you’re migrating a business from outside North Dakota (a.k.a. a foreign North Dakota LLC), you’ll need a different guide.

Select a name for your business. The first thing you’ll need to do when setting up your LLC is decide on your company’s name. Since your name will likely be the first thing prospective clients see or hear about your LLC, it’s important to choose a name that fits your brand, message, and/or service. You also want to make sure your LLC name follows all North Dakota state regulations.
We recommend making a shortlist of names that all LLC members can agree on. Once you have your list, you’ll want to run a search to ensure no other company is already registered with that name. North Dakota requires all companies to have unique names, so if one of your options is already taken, move on to the next.
Once you choose a name that’s available, you’ll need to add an LLC designator to its end. This designator is essentially a suffix indicating that your company is an LLC. In North Dakota, you can choose from “Limited Liability Company,” “LLC,” or “L.L.C.” For a full list of naming requirements, see Section 10-32.1-11 of the North Dakota Uniform Limited Liability Company Act.
When you start a North Dakota PLLC, much of your business formation process will look pretty similar to that of a standard LLC, but there are a few different nuances to the process. Creating your business name is one of them. For starters, you have a different set of designators you must choose from: “professional limited liability company,” “limited liability company,” or the abbreviations “PLC,” “P.L.C.,” “P.L.L.C.,” “PLLC,” “LLC,” or “L.L.C.”
You’ll also need to ensure that your name upholds any naming requirements enacted by your industry’s regulatory boards. Every industry can have unique rules for business names, so please check with your agency for full guidance about naming your PLLC.
The North Dakota Secretary of State doesn’t check for trademarks when you submit your LLC paperwork. To make sure you’re entirely in the clear with your business name, visit the United States Patent and Trademark Office website to see whether your name or logo is federally trademarked.
Trademarks can also happen at the state level. To find out if your desired business name is already trademarked and/or apply for a trademark of your own, go to the North Dakota Secretary of State website page for trademarks.
We also recommend doing extensive internet searches for your desired business name, including checking domain names, social media sites, and online phone directories.
When you’re coming up with a name, it’s wise to consider whether you can secure a matching domain name so that your future website can be easily found online.
If you find a name you like but aren’t yet ready to file your Articles of Organization, North Dakota allows you to reserve a name by submitting a Reserve Name Application form and paying a fee. The reservation is good for one year.
Lastly, if you decide to market your company with any name other than your official LLC name, you’ll need to secure a DBA (“doing business as”) name. A DBA is called a trade name in North Dakota. You can file a trade name online via the FirstStop government portal. There’s a fee involved for filing.
Designate a registered agent. In North Dakota, you must assign a registered agent to your LLC. A registered agent is a party that receives legal notices (such as subpoenas) and certain official documentation from the North Dakota Secretary of State’s office on your behalf and forwards it to you and the other LLC members (owners).
When selecting a registered agent in North Dakota, the agent must have an office address in the state (P.O. boxes are not permitted) and be available during normal business hours (9 a.m. to 5 p.m. local time, Monday through Friday). The agent must be a resident of North Dakota or a corporation or LLC with a business address in the state.
You can choose to serve as your own registered agent, but there are a few downfalls to this, such as running the risk of being served embarrassing paperwork (like a service of process) in front of clients. Being your own agent also ties you down to the office all day.
For this reason, many business owners in North Dakota decide to work with an outside business entity like a registered agent service that can receive this paperwork discreetly and pass it along at a convenient time for both parties.
Complete your LLC paperwork for the state. Now you’re ready to file your North Dakota LLC with the state by submitting Articles of Organization.
To file the Articles of Organization online, log in via FirstStop. You can access this form via your FirstStop portal and submit it online or print it and mail it to the state office. You must also pay a filing fee of $135.
When completing this form, you’ll need to provide:
If you’re filing as a PLLC, you’ll follow the same basic process for completing your Articles of Organization, but you’ll provide extra information about the professional service you’ll be offering. You will also need to attach a certificate from your industry’s regulatory board; this certificate will verify that your members are appropriately licensed in the profession your business offers.
If you have any minority members (members who aren’t licensed in the PLLC’s professional service but provide ancillary services), then this certificate will need to verify that all members who offer the PLLC’s service are appropriately licensed. You’ll also need to provide a second certificate identifying your minority members, along with the express law that allows you to have minority members.
Please be sure that you file the proper version of the form along with the appropriate documentation to help streamline your PLLC’s filing process.
Once you get your physical paperwork back from the state approving your new LLC, you’ll want to keep it in a safe location along with your other important documents, such as your operating agreement, member certificates, contracts, compliance checklists, transfer ledger, etc.
Compose an LLC operating agreement. Another step you’ll want to consider is creating an operating agreement. Although operating agreements are not required by North Dakota law, they’re very important documents for your LLC.
Your North Dakota operating agreement outlines your business structure and how your company will be run and/or managed. It can also dictate voting structures and specify how to handle disputes. Even if you’re a single-member LLC, your operating agreement will help the government understand how your company should be run if you’re incapacitated or unable to manage your company.
A few other reasons why you may want to draft an operating agreement include:
You don’t have to file your operating agreement with the state, but you want to make sure it covers all of the most important aspects of your company’s operations. All the members will need to sign it to make it legally binding.
Get an Employer Identification Number (EIN). The next and final step is to set up your LLC to pay business taxes and ensure you apply for any special permits or licenses you need to operate.
You’ll get your tax paperwork set up by requesting an EIN, also known as a Tax ID Number or Federal Tax Identification Number, through the Internal Revenue Service (IRS).
Your EIN is like a Social Security number for your business. It lets you pay and file taxes, hire and pay employees, and much more. All LLCs with multiple members or employees are required to have an EIN. Even if you’re the only member of your LLC, you might want to secure an EIN because most banks require one to open a business bank account.
You can get your North Dakota LLC’s EIN through the IRS website, by mail, or by fax.
There’s a good chance that your North Dakota LLC will need at least one license or permit to operate compliantly, but it could need even more. Unfortunately, this step isn’t quite as simple as saying, “File this form with the North Dakota Secretary of State.” For this step, you’ll need to dig in and do some research.
For starters, some LLCs need to get federal licenses. For example, suppose you want to brew your own IPA at your new craft brewery. In that case, you’d need to get a license from the Alcohol and Tobacco Tax and Trade Bureau since you’d be manufacturing and selling alcohol. Meanwhile, aviation businesses would need to get a license from the Federal Aviation Administration. If your LLC involves a heavily regulated activity, there’s a good chance you’ll need a federal license, but it’s your responsibility to research and know for sure.
Next, you’ll need to address state-level licenses. Unlike some states, North Dakota doesn’t require a general business license at the state level. There may be other requirements to uphold, though. For example, if you’re selling qualifying goods or services, you’ll need to get a sales tax permit from the State Tax Commissioner.
Local licenses are another important category to address. North Dakota municipalities get to set their own requirements for local licenses, including general business licenses or industry-specific permits. For example, Fargo doesn’t have a general business license, but it does require specific permits for pawn brokers, plumbers, alcoholic beverage sellers, mobile home communities, and more. Meanwhile, West Fargo requires licenses for contractors and door-to-door sales workers. There’s a good chance that your city or county (or both) has similar requirements.
You may also need to get zoning permits for your location. Similarly, if you’re working out of your home, you may be required to get a home occupation permit. Ultimately, it’s your responsibility to research your local requirements.
Last but not least, you’ll need to research licenses related to your industry or profession. A lot of professions require licensure. For example, educators will need to get a license from the ND Education Standards and Practices Board. Meanwhile, home health agencies, surgical centers, marijuana dispensaries, and even food service establishments will need to get licenses from the Department of Health and Human Services. And the list could go on.
Long story short: you’ll need to do plenty of research to ensure you get all of the licenses that apply to your business — your unique industry, services, and business location.
Licensing is extremely important for a PLLC in North Dakota. It’s your responsibility to ensure that everyone who offers your company’s professional service is appropriately licensed at all times. But remember that these professional licensing requirements don’t overwrite your other state and local licensing requirements. You’ll still need to get those licenses, too.
After forming your LLC in North Dakota, there are essential steps to solidify its operational foundation and ensure compliance with state regulations:
An efficient accounting system is key to managing your business’s finances. This system will help in tracking expenses, managing invoices, and preparing for tax obligations.
North Dakota LLCs have a lot of different options for accounting: using a spreadsheet or accounting software, hiring a professional bookkeeper, or even using Money Pro. The priority should be picking a system and using it faithfully.
Once you’ve secured an EIN, you’ll be able to open a business bank account. Having separate accounts for your business and your personal banking is critical for sorting out your finances at tax time and helps you avoid commingling funds. Commingling funds can not only make your taxes more difficult, but it could also be used against you if someone takes you to court to challenge whether you and your LLC really are separate entities.
Stay informed about the ongoing legal and tax obligations in North Dakota, including state business laws and federal regulations. While we’ve covered the common ones in this guide, they’re subject to change at any time.
Many business owners find it helpful to consult with a local attorney or tax professional on a regular basis to get customized, up-to-date guidance.
If errors are found in your LLC’s filing documents, such as the Articles of Organization, don’t worry. North Dakota allows you to correct them by filing Articles of Amendment with the Secretary of State. This process involves outlining the specific errors and providing the corrected information.
This form requires a $50 filing fee. Once it’s submitted, the state will correct the information they have on file, helping ensure the proper information is on public record.
In North Dakota, various types of LLCs cater to different business needs and structures, each with unique characteristics.
A single-member LLC is tailored for individual business owners. It combines the simplicity of a sole proprietorship with the liability protection of an LLC, making it ideal for solo entrepreneurs in North Dakota.
A multi-member LLC is very similar to a single-member LLC in its structure, but instead of one owner, there are two or more. A multi-member LLC offers a flexible structure, allowing for shared decision-making and responsibility while maintaining the benefits of an LLC.
A foreign LLC is an LLC that was originally formed in another state but operates in North Dakota. To compliantly operate in the state, registering for authority to transact business is required.
Specifically for professionals who require state licensing (like doctors or lawyers), a professional LLC adheres to both the standard regulations of an LLC and the additional requirements of professional services.
Yes. A North Dakota Series LLC is a group of LLCs that operate under one parent LLC. While many states in the U.S. don’t allow Series LLCs, North Dakota is one of those that do.
To dissolve the business with the ND Secretary of State, complete a Notice of Dissolution in the online portal, FirstStop. There is a $10 fee to file this form. It can take up to four weeks to process the request.
Dissolving an LLC in North Dakota involves a formal procedure. Initially, you need to adhere to any dissolution clauses outlined in your LLC’s operating agreement, such as voting to dissolve (or otherwise getting approval from your members). Your LLC will also need to settle any of its outstanding debts and pay its tax liabilities.
Then comes the paperwork: filing the Articles of Dissolution and Termination with the Secretary of State. This step legally ends your LLC’s existence and is essential for winding up all business activities in compliance with North Dakota laws. After that, your LLC can distribute any of its remaining assets (if applicable) among its members.
Once you’ve finished the steps above, you’re the new owner of a limited liability company! You’ve taken the first steps to becoming the entrepreneur you’ve been wanting to be. But there’s a lot more to know. You need to know about things like hiring employees, getting business licenses and permits, getting additional financing if you need it, how to make changes in your business, and how to stay in compliance with the government.
In addition to forming your LLC (how to get a free LLC plus state fees), our many business formation services can help with many aspects of your company. Our business experts can also give you long-term business support to help start, run, and grow your company.
Let us take care of LLC formation, compliance, and more. Whether you’re starting a yoga studio in West Fargo or a bed and breakfast in Bismarck, we can help.
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North Dakota LLC FAQs
The processing times will vary based on a number of factors (including the time of year), but when you file and submit your Articles of Organization online for your North Dakota LLC, your filing is typically processed within a week. Online filing is strongly encouraged, but if you file via postal mail, expect the process to take approximately four weeks. North Dakota doesn’t have any expedited processing options.
Generally speaking, PLLCs may only be formed by professionals who are licensed in the same industry. However, in certain cases, professions in two or more services may organize together if the licensing laws for their industries permit it. If in doubt, please consult your licensing laws for guidance about creating a PLLC with professionals in other industries.
The filing fee for the annual report for an LLC in North Dakota is $50 (as of this writing).
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Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. For specific questions about any of these topics, seek the counsel of a licensed professional.
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