Get a North Dakota Registered Agent

Before you can form a limited liability company (LLC) or other state-registered business in North Dakota, you need to appoint an official point of contact so that your business can accept legal documents and state correspondence. That person (or company) is called a registered agent. We’ll tell you below what the registered agent is, their duties, and the requirements for being one.

What is a North Dakota registered agent?

A registered agent is an individual or company the business designates to receive important legal notices on behalf of the business. This position is needed because it ensures that the correct people within an LLC are notified in person in the event of time-sensitive events such as service of process for lawsuits.

Who can be a registered agent in North Dakota?

By state law (ND Registered Agents Act 10-01.1), every North Dakota LLC, corporation, and other state-registered business must submit a filing designating both a registered office (actual street address or rural route box number in the state) and registered agent. The filing must state:

• The name of the commercial registered agent of the represented entity or
• If the entity does not have a commercial registered agent, then the name and address of the noncommercial registered agent of the entity.

The registered agent must be either a North Dakota resident with a physical address in the state or a corporation or LLC (either domestic or foreign) that has a business office in North Dakota.

The registered agent must be present at the registered office during all normal business hours so that they can receive service of process in person.

Benefits of Using a North Dakota Registered Agent Service

Although it may seem like the simplest and cheapest option is to be your own registered agent, there are some very good reasons to instead use a registered agent service, such as: 

• Avoiding Embarrassment – If you serve as your own registered agent and a lawsuit is filed against the business, you could have papers served to you at your office in front of clients. Obviously, that could be bad for business.
• Availability – A registered agent needs to be available at the principal address during all regular business hours. This makes it difficult to leave the office to run errands, meet up with potential clients, etc.
• Compliance Reminders – Some registered agent services provide reminders of upcoming state requirements, such as filing annual reports. Forgetting compliance obligations can get you in trouble with the state.
• Penalties and Fees – By not continuously maintaining a current registered agent, the LLC may be responsible for penalties and fees, in addition to the potential for administrative dissolution.

How is a registered agent appointed in North Dakota?

You must list your registered agent when you complete the official paperwork with the state to form your business, so you need to decide who your registered agent or registered agent service is going to be before you begin that process. Always be sure to inform whomever you’re appointing and get their permission to serve in that role; this is a legal requirement.

How much does it cost for a registered agent in North Dakota?

The cost of a registered agent in North Dakota varies based on whether you choose an individual or a professional service. If you opt to be your own registered agent or designate someone you know, the costs can be minimal, primarily associated with the potential need to maintain a physical street address or office space during business hours. For many small business owners, being their own agent requires no out-of-pocket cost but requires time and attention instead. 

On the other hand, professional registered agent services usually come with a fee. These fees can range from $100 to a few hundred dollars annually, depending largely on the level of services offered. While using a professional service might seem like an added expense, the benefits they provide — like helping ensure compliance, protecting your professional image, and offering added peace of mind — often justify the cost for many businesses.

How to Change Your North Dakota Registered Agent

When you’re ready to change your registered agent, you will need to log into FirstStop, the Secretary of State’s online filing system, to file an amendment to your Articles of Organization. Visit firststop.sos.nd.gov (if you don’t already have an account, you’ll need to make one), go to My Records (under “Business” at the bottom left), and click on your business name. Then click the File Amendment icon and scroll down on the pop-up till you see Registered Agent Office Statement of Change. Unlike some states, North Dakota doesn’t allow you to change your registered agent on your annual report.

Here’s the information you’ll need to provide for the process:

• Business name (exactly as it appears in the Secretary of State records)
• Federal ID Number
• Name of new commercial or noncommercial registered agent
• Registered agent address (if noncommercial)
• New agent consent
• Filer contact information

There’s a small fee to change your registered agent, and you can pay it by credit card.

For card payments, there’s a space for your card information at the bottom of the form.

If you’re too busy, or if you’d feel more comfortable letting someone else take the reins, you have the option of hiring a company or individual to file your paperwork for you. It’s a great way to save time and stress.

Now, all that’s left to do is wait. Processing time for the Secretary of State’s office can take up to four weeks, and, unfortunately, there are no options for expedited service.

North Dakota Secretary of State Contact Information

Resignation of North Dakota Registered Agent

As for the state-mandated part of the process of resigning as registered agent, it’s pretty simple. All you need to do is complete a “Registered Agent Resignation” form and submit it to the Secretary of State via mail or fax. There are detailed instructions on the form’s second page, but in summary, here’s the information required:

• The business name (exactly as it is currently registered with the Secretary of State)
• Your name
• The name and address of the LLC representative to whom you’ll send a notice after submitting your resignation
• Date
• Your signature
• The filer’s name, email, and phone number

There’s no filing fee for the Registered Agent Resignation form, so you can stash your checkbook for now. When you’re ready, submit the form via mail or fax. For postal mail, send it to:

Secretary of State
State of North Dakota
600 E Boulevard Ave, Dept 108
P.O. Box 5513
Bismarck, ND 58506-5513

You’re also welcome to fax it to (701) 328-2992.

And that’s it! But your resignation won’t take effect immediately. As mentioned above, you will retain your registered agent duties for 31 days after the form is processed unless your LLC brings on a replacement sooner.

Handing Off Your Responsibilities

When you put down your registered agent responsibilities, someone else has to pick them up, or your LLC will lose its good standing with the state. Help your business keep its momentum by carefully planning your transition.

This starts with finding a successor who’s ready to take over right away. Even a small gap in registered agent coverage can result in severe penalties. After the 31-day grace period ends and your resignation takes effect, the business has 30 more days to appoint a successor. Any North Dakota business entity that goes more than 30 days without a valid registered agent on file can be administratively dissolved.

As a reminder, whoever the company nominates as its new agent must meet North Dakota’s registered agent requirements. They must:

• Be a North Dakota resident or a corporation or LLC with an address in North Dakota
• Have a physical North Dakota address (P.O. boxes aren’t allowed)
• Be authorized to do business in the state (if a foreign entity)

While North Dakota allows businesses to appoint their individual members to registered agent roles, sometimes it’s easier and more efficient to outsource those responsibilities to a professional service. We recommend using a registered agent service, which can take over registered agent duties, freeing up more time for the business owners to focus on running the business.