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How To Fill Out The North Dakota LLC Articles of Organization

How To Fill Out The North Dakota LLC Articles of Organization

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How To Fill Out The North Dakota LLC Articles of Organization

The North Dakota LLC Articles of Organization is the official document filed with the Wyoming Secretary of State to establish a Limited Liability Company. After the filing is approved by the state, the business can officially begin operating and register for the necessary business licenses and permits.

While it’s not a super difficult document to complete on your own, filling one out for the first time can be intimidating. To help you get started, I’ll go through each of the steps, so you can be confident when forming your North Dakota LLC.

Related: Guide to starting a business in North Dakota

Anyone can learn how to form their own LLC, but using an entity formation service like Zenbusiness, Northwest, and Bizee guide you through the LLC formation process, so you will save time and know everything was done right.

Zenbusiness and IncFile are running a special where you only pay state fees for your LLC formation!

Steps To Fill Out The North Dakota LLC Articles Of Organization

How to fill out North Dakota Articles of Organizatoin

To get started, visit the North Dakota Secretary of State, Business Registration Unit’s FirstStop website and create an account.

Step 1: Select a Name for the LLC

Step 1 North Dakota LLC Name

The first thing to do in the North Dakota LLC formation process is to make sure the name you want is available, as each LLC name has to be different from other registered entity names in the state of North Dakota. If the name isn’t different and you can get consent from the registrant, you can still file to use it.

You are asked if you had previously reserved a name, and this is optional. If the name had not already been reserved, you would select “No” and then enter the name you would like to use.

An LLC name is required to include an entity designator at the end of the business name. The allowed designators in North Dakota include:
– Limited Liability Company
– LLC
– L.L.C.

If you haven’t verified already, be sure to do a North Dakota LLC name search with the Secretary of State to be sure the LLC name you want is available.

Step 2: Enter the Principal Executive Office Address (or Registered Office Address)

Step 2 Nort Dakota LLC Principal Executive Office

In this section, enter the street address, city, state, and zip code of the initial principal office.  The principal executive office is often a location where business activities typically take place or where company records are stored. Alternatively, this can be the address of the registered agent, which we will cover in a couple of steps.

This address must be a physical street address and not a PO Box.

Step 3: Enter the LLC’s Mailing Address

Step 3 North Dakota LLC Mailing Address

In step 3, enter the LLC’s primary mailing address. This can be the address of the principal office; however, if you prefer that correspondence from the North Dakota Secretary of State go somewhere else, enter that address here.

Step 4: Appoint a Registered Agent

Step 4 North Dakota LLC Registered Agent

Every LLC in North Dakota is required to have a registered agent. A North Dakota registered agent is a central point of contact to receive legal documents, tax notices, summons, subpoenas, etc., on behalf of the LLC.

The basic requirements to be a registered agent in North Dakota include:
– The agent must be a North Dakota resident at least 18 years of age or a commercial registered agent service that is registered with the Secretary of State.  See the Secretary of State’s Commercial Registered Agent List.
– The agent must have a physical address in the state (PO Boxes aren’t allowed).
– The agent must generally be available during normal business hours at the address provided to receive service of process.

Step 5: Choose the Effective Date

Step 5 North Dakota LLC Effective Date

Step 5 provides an option to decide when the LLC becomes active.

If you want the LLC to start on today’s date, choose the box that says, “When filed with the Secretary of State.”  Otherwise, select the box that says “On a Specific Date” and enter a date less than 90 days in the future to start.

The main reason for delaying the LLC start date is when the filing is being done close to the end of a calendar year, and the business will not have any activity until the start of the next year.  By delaying the start, you may have saved yourself from filing a tax return for a partial year.

Step 6: Indicate the LLC’s Term of Existence

Step 6 North Dakota Term of

In this section, you can indicate how long the LLC will remain in existence.  Most LLCs will choose a perpetual (indefinite) existence; however, some businesses (usually investment-related) will have a specific future closure date in mind.

Step 7: Describe the Business Purpose

Step 7 North Dakota LLC Business Purpose

In Article 7, you can either adopt the default statement “General Business” or provide some basic information about what the business does. It’s generally better to keep a broad statement in case the focus of the business ever changes.

Next, there is a drop-down for the designation of the Limited Liability Company. In this, you can either select “No special designation,” which is the most common, or “Series.” A Series LLC is a parent LLC that has one or more individual series under the umbrella of the LLC. The individual series are protected from liabilities and losses and are most commonly used for real estate investment businesses, where each property is protected in one series instead of having multiple LLCs for each property.

Step 8: Include the Organizer’s Information

Step 8 North Dakota LLC Organizer

Next, enter the name and mailing address of the LLC organizer(s) who are forming the entity. This can be an individual, such as an LLC member or attorney, or a business, such as an LLC formation service.

At least one organizer must be entered.

Step 9: Review and Sign the Articles of Organization

After entering the organizer(s) information, the submitted information needs to be checked that it is correct, and then the organizer will sign.

Step 10: Pay and Submit the Articles of Organization

Then payment is provided, and the Articles of Organization are submitted to the North Dakota Secretary of State.

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North Dakota LLC FAQs

How much does a North Dakota LLC cost?

The filing fee for filing the Articles of Organization and forming an LLC in North Dakota is $50.

What is the cost of maintaining an LLC in North Dakota?

Every year a North Dakota LLC annual report and a $135 state filing fee are required to keep an LLC open in North Dakota.

How long does it take to form a North Dakota LLC?

It normally takes 2-3 weeks for the LLC paperwork to be processed for online filings and 4-6 weeks when filing by mail.

What business licenses are needed in North Dakota?

The requirements for business licenses and registrations in North Dakota vary depending on what the business does and where it’s located.

Here is a list of common business licenses in North Dakota

Is an Operating Agreement required for a North Dakota LLC?

North Dakota law, statute § 10-32.1-13, states that every North Dakota LLC may adopt an operating agreement, but it isn’t required by the Secretary of State.  Although it isn’t required, it is recommended that most LLCs have one, as it can help prevent disputes among members and better protect the LLC’s legal status.

Related: How to create a North Dakota operating agreement

Do North Dakota LLCs need an EIN?

Only North Dakota LLCs that either have more than one member, will hire employees, or elect to be taxed as a partnership or corporation are required to get an Employer Identification Number (EIN).

The EIN or Employer Identification Number (also called a Federal Employer Identification Number or FEIN) is a unique 9-digit tax identification number that is assigned by the Internal Revenue Service (IRS).

If the LLC isn’t required to get an EIN (though you can still get one), the LLC will use the social security number of the business owner.

Related: How to apply for an EIN

Author

  • Greg Bouhl

    With over two decades as an entrepreneur, educator, and business advisor, Greg Bouhl has worked with over 2,000 entrepreneurs to help them start and grow their businesses. Fed up with clients finding and acting on inaccurate and outdated information online, Greg launched StartUp101.com to be a trusted resource for people starting a business.

How To Fill Out The North Dakota LLC Articles of Organization

How To Fill Out The North Dakota LLC Articles of Organization

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