North Dakota LLC Formation

How to Start an LLC in North Dakota

North Dakota offers one of the lowest flat income tax rates in the entire United States at just 1.1%. For LLC owners who pay state taxes on their pass-through income, this is a significant advantage over most other states. North Dakota's energy sector, agricultural base, and growing technology economy make it a solid state for new businesses. Straightforward formation, no publication requirement, and a clear annual report process. Brendat handles your Articles of Organization, EIN, registered agent, and all compliance.

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Step-by-step guide

How to Form an LLC in North Dakota

Six simple steps. $135 to form, $50/year annual report due November 15. No publication requirement. Brendat handles everything.

Choose a Name for Your North Dakota LLC

Your North Dakota LLC name must be unique among all businesses registered with the North Dakota Secretary of State and must include a required designator.

North Dakota Naming Rules:

Must include: "Limited Liability Company," "LLC," or "L.L.C."
Cannot use: Words implying a government agency (e.g., "FBI," "State Department")
Restricted words: "Bank," "Insurance," "University" require additional approval
Must be distinguishable: From all existing North Dakota business names in the SOS database

Name Reservation Available

You can reserve your North Dakota LLC name for 12 months with the ND SOS for $10. Brendat checks name availability before filing your Articles of Organization.

Appoint a North Dakota Registered Agent

Every North Dakota LLC must designate a registered agent with a physical North Dakota street address to receive legal documents and official state notices during regular business hours.

Who can be your registered agent?

Yourself: Must have a physical North Dakota address and be available during business hours
A trusted individual: Any North Dakota resident with a physical address
A professional service: Like Brendat: keeps your personal address off public records

Brendat provides registered agent service in North Dakota

Our North Dakota address is listed on your Articles of Organization. Included in Standard and Professional packages.

File Articles of Organization With the North Dakota Secretary of State

The Articles of Organization officially creates your North Dakota LLC. File it online via the ND SOS FirstStop portal or by mail.

Method	Fee	Processing Time
Online via ND SOS FirstStop	$135	3–5 business days
By Mail	$135	4–6 weeks
Expedited (24-hour)	$135 + $100	Next business day

No publication requirement in North Dakota

North Dakota does not require LLCs to publish a formation notice in any newspaper. Your LLC is fully formed once the SOS approves your Articles of Organization.

Create an Operating Agreement

North Dakota does not legally require an operating agreement, but every North Dakota LLC should have one. It defines ownership structure, profit sharing, and management rules while strengthening your liability protection.

Ownership structure: Each member's percentage and capital contribution
Profit distribution: How and when profits are divided
Management: Who makes decisions and how voting works
Member changes: Process for adding or removing members
Dissolution: Steps to close the LLC if needed

Included in Brendat Standard and Professional

Brendat provides a professionally drafted North Dakota operating agreement with your formation documents.

Get Your EIN (Employer Identification Number)

An EIN is your LLC's federal tax ID required to open a business bank account, hire employees, and file federal taxes.

US residents: Apply free online at IRS.gov: instant approval
Non-US residents: Apply by fax using IRS Form SS-4: 4-6 weeks
Brendat handles this: Included in Standard and Professional packages

File Your North Dakota Annual Report: $50 Due November 15

North Dakota LLCs must file an annual report with the Secretary of State every year by November 15. The fee is $50 per year.

Annual report fee: $50/year
Due date: November 15 every year
Filing: Online via ND SOS FirstStop portal
Late penalty: $50 late fee + risk of administrative dissolution

November 15 Deadline: $50 Late Fee if Missed

North Dakota's November 15 deadline is fixed every year regardless of when you formed your LLC. Brendat sends reminders in October so you never miss it.

Transparent pricing

How Much Does a North Dakota LLC Cost?

Full breakdown. North Dakota's 1.1% flat income tax is one of the biggest long-term savings for LLC owners paying state taxes on business income.

State Filing Fee

$135

One-time Articles of Organization fee paid to the North Dakota Secretary of State via FirstStop portal

Annual Report Fee

$50/yr

Due November 15 every year. $50 late fee if missed. Filed online via ND SOS FirstStop portal

Publication Cost

No newspaper publication required in North Dakota. No extra steps or costs after filing

State Income Tax

1.1% flat

One of the lowest flat income tax rates in the US. LLC pass-through income taxed at 1.1% on members' personal returns

Registered Agent

Included in Brendat Standard and Professional packages. Required for all North Dakota LLCs

EIN (Federal Tax ID)

Free from the IRS. Included in Brendat Standard and Professional packages

Total with Brendat Standard Plan

$349 + $135 state fee

$349 Brendat + $135 ND state fee + $50 annual report. 1.1% flat income tax from year one.

Choose your plan

North Dakota LLC Formation Packages

All packages include accurate, state-specific filing. Standard and Professional include EIN, registered agent, and operating agreement.

Basic

Brendat service fee

+ $135 North Dakota state fee

Get Started Free

Articles of Organization filed
Name availability check
Email support
Digital copy of filed documents
Lifetime compliance alerts

Beginner

$149

Brendat service fee

+ $135 North Dakota state fee

Start for $149 →

Everything in Basic
EIN / Federal Tax ID
LLC Operating Agreement
Registered Agent (1 year)
Lifetime support
Priority processing
November 15 annual report reminders

Standard

$349

Brendat service fee

+ $135 North Dakota state fee

Get Standard

Everything in Beginner
Expedited filing (next business day)
Google Business Profile setup
Priority phone and email support
Dedicated account manager

Premium

$899

Brendat service fee

+ $135 North Dakota state fee

Launch faster with tax & web support

Launch My LLC Fast

Everything in Standard
Federal tax return filed
S-Corp Election filing (Form 2553)
Tax strategy consultation
Domain Name + Business Email
Basic multi-page business website

State Comparison

Is North Dakota the Right State for Your LLC?

North Dakota is best if you live or operate there. Here's how it stacks up against neighboring Great Plains states.

Feature	North Dakota	Wyoming	Montana	Minnesota
State Filing Fee	$135	$150	$35	$155
Annual Report Fee	$50/yr	$50/yr	$15/yr	Free
Publication Required	None	None	None	None
State Income Tax	1.1% flat	None	5.9% flat	5.35%–9.85%
Annual Report Deadline	November 15	Anniversary month	April 15	December 31
Best For	ND businesses	ME businesses	Low cost	MN businesses

North Dakota 1.1% income tax vs Minnesota's up to 9.85%

For LLC owners earning significant income through their business, North Dakota's 1.1% flat rate can represent thousands of dollars in annual tax savings compared to neighboring states like Minnesota.

Why choose us

Why 10,000+ Entrepreneurs Choose Brendat

Fast Filing

We submit your Articles of Organization within 1 business day of your order. Standard processing takes 3-5 business days via ND SOS FirstStop. 24-hour expedited available for $100 extra.

Non-Residents Welcome

No citizenship or residency required. We assist international entrepreneurs with the full process including EIN via IRS Form SS-4 and registered agent service.

1.1% Flat Income Tax

North Dakota's 1.1% flat personal income tax rate is one of the lowest in the US. For LLC owners paying state tax on pass-through income, this is a meaningful long-term advantage.

100% Accuracy Guarantee

Every filing is reviewed before submission. If the ND SOS rejects your documents due to our error, we fix it at no charge.

November 15 Reminders

North Dakota's annual report is due November 15 every year: a fixed date regardless of when you formed your LLC. Brendat sends reminders in October so you never miss it or the $50 late fee.

Privacy First

Your home address stays off the public record. We list our North Dakota registered agent address on all your formation documents.

Our reviews

What Our North Dakota LLC Customers Say

Tyler R.

Fargo, ND

"1.1% income tax was the main reason I stayed in North Dakota instead of moving the LLC to Wyoming. Brendat filed everything in 4 days, no issues."

Angela K.

Bismarck, ND

"November 15 reminder came through on time. Easy to miss a fixed deadline when you're running a business. Appreciate that Brendat tracks it."

Marcus H.

Williston, ND

"Oil field consulting LLC setup was clean. EIN, operating agreement, and registered agent all sorted in one go. Straightforward process."

Common questions

North Dakota LLC — Frequently Asked Questions

Answers to the most common questions about forming and running an LLC in North Dakota.

Still have questions?

(303) 246-8693

How much does it cost to form an LLC in North Dakota?

The North Dakota state filing fee is $135. Brendat's service starts at $0 (Basic) or $150 (Standard). Total first-year cost with Standard including the annual report is $335. The annual report is $50/year due November 15 from year one onward.

What is North Dakota's income tax rate for LLCs?

North Dakota has a 1.1% flat personal income tax rate: one of the lowest flat rates in the entire United States. For single-member LLCs and multi-member LLCs taxed as pass-throughs, income flows to members' personal returns and is taxed at 1.1%. This is significantly lower than neighboring Minnesota which goes up to 9.85%.

When is the North Dakota LLC annual report due?

North Dakota LLC annual reports are due November 15 every year: a fixed calendar date regardless of when your LLC was formed. The fee is $50. A $50 late fee applies if missed. Brendat sends October reminders so you never miss it.

Does North Dakota require an LLC operating agreement?

No, North Dakota does not legally require an operating agreement. However, having one is strongly recommended. It defines ownership percentages, profit distribution, management structure, and member exit processes. Without one, North Dakota's default LLC statutes govern your business. Brendat's Standard and Professional packages include a drafted operating agreement.

Does North Dakota require newspaper publication for LLCs?

No. North Dakota has no newspaper publication requirement for LLCs. Your LLC is fully formed once the Secretary of State approves your Articles of Organization: no additional steps required.

Does New Mexico require an operating agreement?

Yes. No US citizenship or residency is required to form a North Dakota LLC. Non-residents need a registered agent with a physical North Dakota address: Brendat provides this. For EIN, non-residents apply by fax using IRS Form SS-4. Brendat assists with the complete process.

Ready to Start Your North Dakota LLC?

$135 state fee, 1.1% flat income tax, $50/year annual report due November 15. Brendat handles Articles of Organization, EIN, registered agent, and compliance reminders.

Form My North Dakota LLC

$349 + $135 ND fee. 1.1% flat income tax. 100% accuracy guarantee.