You can start an LLC in North Dakota by registering it with the North Dakota Secretary of State through the FirstStop portal for a $135 filing fee (as of October 2026). Before you file, confirm the name is available and get consent from a North Dakota registered agent; afterward, sign an operating agreement, apply for an EIN, and file a $50 annual report every year by November 15.
That puts the first-year state cost at $135, with $50 a year after that. The rest of this guide covers each step, the rules that trip people up (like the ban on an LLC acting as its own registered agent), and the taxes and licenses that follow.
Updated October 2026.
Go to:
Best LLC Formation Services in North Dakota (2026)
If you’d rather not handle forming an LLC in North Dakota yourself, these are the services we recommend, in order. The table compares price and what’s included.
| Rank | Provider | Best for | Price | What’s included |
|---|---|---|---|---|
| 1 | Mainstay Filing | Forming an LLC with the agent, EIN and annual report included | $199/year + state fee at cost | LLC formation filing, registered agent for the year, EIN application, annual report preparation and filing |
| 2 | ND Registered Agents.org | North Dakota registered agent service only | $99/year | $99 per year, flat; in-state street address for the registered office; legal documents served on the company are scanned and sent to the owner online |
| 3 | North Dakota Registered Agent.co | North Dakota registered agent service only | $99/year | in-state street address for the registered office; legal documents served on the company are scanned and sent to the owner online |
1. Mainstay Filing
Mainstay Filing is our top pick in North Dakota. It costs $199/year + state fee at cost and covers lLC formation filing, registered agent for the year, EIN application, annual report preparation and filing. The price stays the same every year, with no add-on menu.
2. ND Registered Agents.org
ND Registered Agents.org is a North Dakota registered agent service at $99/year. It provides $99 per year, flat; in-state street address for the registered office; legal documents served on the company are scanned and sent to the owner online. It’s a fit if you only need a registered agent rather than full formation help.
3. North Dakota Registered Agent.co
North Dakota Registered Agent.co is a North Dakota registered agent service at $99/year. It provides in-state street address for the registered office; legal documents served on the company are scanned and sent to the owner online. It’s a fit if you only need a registered agent rather than full formation help.
North Dakota LLC quick facts
| Topic | What North Dakota requires (October 2026) |
|---|---|
| Filing office | North Dakota Secretary of State, Business Services |
| Formation filing | LLC registration (Articles of Organization) through FirstStop |
| Filing fee | $135 for domestic or foreign LLCs (SOS LLC page) |
| Annual report | $50, due November 15 each year ($50 late fee after that) |
| Required name ending | “Limited liability company,” “LLC” or “L.L.C.” |
| Registered agent | Required; ND resident or registered business entity with a ND office |
| Change of agent | $10 statement of change |
| Trade name (DBA) | $25, renewed every 5 years |
1. Pick a name that North Dakota will accept
North Dakota is stricter than many states about the ending. The Secretary of State’s LLC requirements say the name must include “limited liability company” or the abbreviation “LLC” or “L.L.C.” Shorter endings that some states allow, such as “LC,” do not appear on that list, so stick with one of the three.
Search the FirstStop business search to see whether your name is already registered or reserved. The Secretary of State makes the final call when it reviews your filing, and the office advises against investing in signage or branding until your registration has been accepted.
If the name you want belongs to another entity that agrees to share it, North Dakota lets you file a signed Consent to Use Business Name with your registration for $10. Our North Dakota business name search guide explains the search tool and naming conflicts in more detail.
Check the name beyond the state database
The state search only covers North Dakota filings. Use Namechk to check whether the domain and social media handles are available, brainstorm alternatives with the business name generator, and look for conflicting federal trademarks in the USPTO database.
2. Line up a registered agent (and get consent)
Every North Dakota LLC must maintain a registered agent with a physical North Dakota address. Under the Secretary of State’s registered agent rules, the agent can be an individual who lives in North Dakota, or a corporation or LLC that is registered with the Secretary of State and has a North Dakota office.
Two rules catch first-time filers:
- Your LLC cannot be its own agent. A business may not serve as its own registered agent, although an individual member who lives in North Dakota can.
- You need the agent’s approval first. You do not file proof of consent, but naming an agent without permission can lead to involuntary dissolution.
North Dakota sorts agents into commercial and noncommercial. Commercial agents appear on the Secretary of State’s commercial agent list, so you only need to select the agent’s name. For a noncommercial agent, such as a friend or family member, you must list a complete North Dakota street address.
Mainstay Filing serves as your North Dakota registered agent for the first year as part of its formation package. If you are forming the LLC yourself and just need an agent, ND Registered Agents.org offers registered agent service for a flat $99 per year.
3. Register the LLC on FirstStop ($135)
Create a FirstStop account and start the LLC registration. The online form walks you through the information that chapter 10-32.1 of the North Dakota Century Code requires, including:
- The LLC name with an accepted ending
- The principal office address
- Your registered agent (commercial, or noncommercial with a ND address)
- The organizer’s name and signature
The $135 fee is paid online when you submit. Farming and ranching LLCs and professional LLCs follow separate chapters of North Dakota law with extra disclosure rules, so check the Secretary of State’s LLC page if your business falls into either group.
For a full cost breakdown, including service fees, see the North Dakota LLC cost guide from Mainstay Filing.
4. Sign an operating agreement
North Dakota does not require you to file an operating agreement, and the Secretary of State never sees it. It is still the document that controls how your LLC runs: ownership percentages, how profits are shared, voting, and how a member can exit or sell their interest.
Without one, North Dakota’s default LLC rules fill the gaps, and they may not match what you and your co-owners intended. Single-member owners should sign one too, since banks often ask for it.
5. Get an EIN and register for state taxes
Apply for an Employer Identification Number on the IRS website. It is free and issued when you complete the online application. Your LLC needs it to open a bank account, hire employees and file federal returns.
If you will collect sales tax or withhold income tax from employees, register with the North Dakota Office of State Tax Commissioner. By default, a single-member LLC is taxed like a sole proprietorship and a multi-member LLC like a partnership; either can elect corporate taxation with the IRS.
6. File the annual report by November 15
Every North Dakota LLC, domestic or foreign, files an annual report with the Secretary of State by November 15. The fee is $50, as listed on the Secretary of State’s LLC page. You file it through FirstStop, where you also confirm or update your registered agent and principal office.
A report filed after November 15 costs an extra $50 late fee, and an LLC that is still delinquent about six months after the deadline is terminated by operation of law under NDCC 10-32.1-90. Reinstatement then costs $135. Put the November 15 date on your calendar the day your registration is accepted.
7. Check for licenses and a trade name
North Dakota does not have a general statewide business license. Licensing is set by industry and by city or county, so contractors, food service businesses, licensed professionals and alcohol sellers need specific permits.
If the LLC will operate under a name other than its registered name, register a trade name with the Secretary of State for $25 through FirstStop, as explained on the register a business page. Trade names must be renewed every five years. For other registrations, see our North Dakota start-a-business guide.
North Dakota LLC questions
How much does an LLC cost in North Dakota?
North Dakota charges $135 to register a domestic LLC through FirstStop and $50 for each annual report, according to the Secretary of State as of October 2026. Optional costs include a $25 trade name registration, a $10 consent-to-use-name filing if needed, and a commercial registered agent if you do not use your own North Dakota address.
When is the North Dakota LLC annual report due?
North Dakota LLC annual reports are due November 15 each year and cost $50. You file online through the Secretary of State’s FirstStop portal and confirm details such as your registered agent and principal office. Filing late adds a $50 late fee, and continued non-filing can end with the LLC being involuntarily terminated.
Can my LLC be its own registered agent in North Dakota?
No. North Dakota does not let a business serve as its own registered agent. An individual North Dakota resident, including a member of the LLC, can serve, as can a corporation or LLC registered with the Secretary of State that has an office in the state. Get the agent’s approval before you name them.
What name endings are allowed for a North Dakota LLC?
The Secretary of State requires a North Dakota LLC name to contain “limited liability company” or the abbreviation “LLC” or “L.L.C.” The name also has to be distinguishable from names already registered or reserved, which you can check with the free FirstStop business search before filing.
Does North Dakota require an operating agreement?
North Dakota does not require LLCs to file or show an operating agreement to the state. It is still strongly recommended, because it overrides the default rules in the North Dakota Century Code and records ownership, profit sharing, voting and exit terms. Banks and lenders often ask for a copy.
Do I need a business license for an LLC in North Dakota?
There is no general statewide business license in North Dakota. You may need a license from the state agency that regulates your industry, plus city or county permits. If you sell taxable goods or have employees, register with the North Dakota Office of State Tax Commissioner as well.
CHK_ YOUR NAME RIGHT NOW
Use our engine to quickly check your content right now!
Disclosure: We may earn a commission from services recommended on this page.
