North Dakota LLC Formation

Created by FindLaw's team of legal writers and editors.

The regulation of limited liability companies (LLCs) is based on each state's laws. In order to start a North Dakota LLC, you'll need to file the articles of organization with the North Dakota Secretary of State. The articles must include:

  • The LLC's name;
  • The name of the commercial registered agent or the name an address of the noncommercial registered agent;
  • The address of the LLC's principal executive office; and
  • The name and address of each organizer.

The articles of organization may also state an effective date for the LLC, as long as it's within 90 days from the date of filing. If no date is included, an LLC is considered effective the date the articles are filed with the North Dakota Secretary of State.

For your convenience, you can find all of the necessary forms to start your LLC in North Dakota in FindLaw's North Dakota LLC Formation Package.

North Dakota LLC Formation: The Basics

In the following table, you can find an overview of how to form an LLC in North Dakota as well as links to relevant statutes and government agency websites. Please remember that while an overview of the law is helpful, it doesn't replace reading the actual text of the law for yourself and consulting with an attorney if you have specific questions.

Statute(s)

North Dakota Century Code, Title 10, Section 10-32.1-01, et seq. (North Dakota Uniform Limited Liability Company Act)

Step-by-Step Process of Forming an LLC

Forming an LLC in North Dakota will require taking the following steps:

  1. Choose a name that includes "limited liability company" or "L.L.C./LLC," and that isn't taken by another business (domestic or foreign that's authorized to do business in the state).
  2. File the articles of organization with the state and pay the required filing fee.
  3. Appoint a registered agent, who will be the person or business entity that would accept a service of process on behalf of the LLC.
  4. Comply with applicable business tax and licensing requirements.
State Agency in Charge of LLC Formation

The New Dakota Secretary of State is the government agency in charge of LLC formation in the state.

Related Statute(s)

North Dakota Century Code, Title 10. Corporations

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

North Dakota LLC Formation: Related Resources

If you'd like additional information and resources related to this topic, please click on the links listed below.

Get Legal Help with the North Dakota LLC Formation Process

While the links and information provide guidance on how to form an LLC in North Dakota, it doesn't replace consulting with an experienced legal professional. So, if you're thinking of forming a North Dakota LLC, it's a good idea to speak to a local business organizations attorney.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.