North Dakota's LLC formation process can seem overwhelming at first glance. The good news? Most of the complexity is optional. North Dakota requires just four things: Articles of Organization filing, a registered agent, an EIN, and payment of mandatory fees. Everything else is either optional or comes later.
The moment you click "submit" and pay the $135 fee through the Secretary of State's online portal, your LLC exists. That payment covers review and acceptance of your Articles—name, address, ownership structure—plus entry into the state's public registry so banks and vendors can verify you're legitimate.
Beyond the essential $135 filing fee, several additional services can enhance your formation process, though none are strictly required. Knowing where to spend and where to save helps you make smarter budget decisions.
One fee you never have to worry about is expedited processing. North Dakota processes filings in order and doesn't offer a paid fast-track option.
Once your business entity is on the state's books, maintaining good standing becomes your primary focus.
Some business entities, such as LLCs, owe the Secretary of State a $50 filing fee each year, and the report must be filed by November 15. Failure to file can lead to penalties and, if delinquency continues, the threat of administrative dissolution, but specific late fees and deadlines vary by business type.
North Dakota spares you a franchise or privilege tax. That single omission can save hundreds each year and removes the quarterly anxiety of tracking yet another state tax calendar.
Your registered agent represents a standing expense if you outsource the role. Serving as your own agent keeps the cost at $0, but many owners pay for privacy and reliability. Expect renewal invoices in the $100–$300 range, depending on the provider. That fee buys a physical North Dakota address, document scanning, and someone else glued to business hours so you don't have to be.
Local business licenses create the next layer of expense. North Dakota doesn't issue a statewide general permit, but cities and counties often do. Typical renewals sit in the $20–$50 zone, though niche industries can run higher, and prices vary by municipality.
If your business details change, such as a relocation of the principal office or addition of a member, North Dakota charges $50 per amendment. One quick online filing keeps state records accurate and saves headaches when banks or investors pull compliance certificates later.
Add those numbers up, and a North Dakota entity's predictable baseline for most owners is the $50 report plus any registered agent and license renewals.
Are there any hidden fees when forming an LLC in North Dakota?
The state doesn't spring surprises on you, but several situational costs catch newcomers off guard. North Dakota does not generally require a local business license at the city level, with annual fees of $20–$50. The filing fee for a DBA (doing business as) name is $25, and the state does not offer expedited processing, so no expedited fee is charged.
Can I get a refund if my LLC filing is rejected?
No. The Secretary of State treats filing fees as "processing fees," so you lose the $135 even if your documents get declined for corrections. You can resubmit, but you'll pay another $135 for each new filing attempt.
Is an operating agreement legally required?
The state won't ask for one, but drafting an operating agreement protects your limited-liability shield and clarifies ownership rights—especially crucial for multi-member entities. Free templates work for simple structures, or have an attorney customize one for a few hundred dollars.
Discern handles North Dakota LLC formation, provides professional registered agent services, and automatically manages annual renewals to prevent late penalties.
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