Start a Free LLC in North Dakota

How to Form a North Dakota LLC in 5 Steps

Starting an LLC in North Dakota involves more than submitting one form to the state. Before you file your Articles of Organization through the Secretary of State's FirstStop portal, you need to confirm your LLC name is available and appoint a registered agent with a physical North Dakota address. The steps below cover what you need to do before, during, and after forming a North Dakota LLC.

Swyft Filings handles the paperwork and state filings in all 50 states. Select our basic package to start an LLC for free in North Dakota. We also offer professional registered agent services, so you can avoid using your personal North Dakota address as the registered agent address in public filings. Our online dashboard securely stores a copy of your paperwork and keeps it accessible at all times.

The steps below walk you through what to do before, during, and after forming an LLC in North Dakota.

Step 1: Pick a Name for Your North Dakota LLC

The name you choose for your North Dakota LLC will appear on your Articles of Organization, your operating agreement, and any state or federal filings you make going forward. Before settling on a name, make sure it meets North Dakota's requirements.

Under North Dakota's LLC naming rules, your business name must:

• Contain "limited liability company," "LLC," or "L.L.C." North Dakota's designator list is shorter than most states, and abbreviations like "LC" or "Ltd. Co." are not permitted under the current statute.

• Be distinguishable from any existing or reserved name in the Secretary of State's records, including other LLCs, corporations, limited partnerships, limited liability partnerships, limited liability limited partnerships, registered fictitious names, registered trade names, and registered trademarks and service marks.

• North Dakota's Secretary of State specifically warns that a business name may not include words such as: bank, banker, banking, trust, trust company, or similar terms unless the filing has written approval from the North Dakota Department of Financial Institutions.

North Dakota updated its administrative naming standard effective January 1, 2026. The current rules apply a "distinguishable in the records" test to all LLC filings. The Secretary of State makes the final determination, and the state explicitly does not assess whether a proposed name creates trademark conflicts, unfair competition issues, or infringement claims. Name approval from the Secretary of State is not the same as legal clearance to use the name commercially.

Need help generating options for your North Dakota LLC name? Use Swyft Filings' free business name generator to explore ideas before you check availability.

Step 2: Appoint a North Dakota Registered Agent

Every North Dakota LLC must continuously maintain a registered agent and a registered office in the state. Your registered agent receives service of process, legal notices, and official state correspondence on behalf of your LLC.

When you file your Articles of Organization, you will need to designate either a commercial registered agent or a noncommercial registered agent. North Dakota recognizes both:

• A noncommercial registered agent may be an individual who resides in North Dakota, a qualifying North Dakota or foreign corporation, or a qualifying North Dakota or foreign LLC that has a business office in the state.

• A commercial registered agent is a registered agent service company listed with the Secretary of State.

A registered agent must maintain a physical North Dakota address. If you appoint a noncommercial registered agent, you must provide the agent's complete physical address in your filing. A commercial registered agent's address is already on file with the Secretary of State.

One procedural note specific to North Dakota: You must obtain your registered agent's consent before naming them in your Articles of Organization. The state does not require you to file proof of that consent, but failing to secure consent before filing can create compliance problems down the line.

If you need a North Dakota address for your registered agent, Swyft Filings' registered agent service can fulfill that requirement.

Step 3: File Your North Dakota Articles of Organization

Filing the Articles of Organization with the North Dakota Secretary of State is the step that officially creates your LLC. North Dakota charges a $135 filing fee for this, as established by NDCC § 10-32.1-92.

Your North Dakota Articles of Organization must include:

• The LLC's name, meeting North Dakota's naming requirements

• The commercial registered agent's name, or the name and complete physical address of a noncommercial registered agent

• The principal executive office address

• The name and address of each organizer

• A later effective date, if applicable (must be no more than 90 days after the filing date)

Step 4: Create a North Dakota LLC Operating Agreement

Creating an operating agreement for your North Dakota LLC is not a legal requirement, but it is strongly recommended. Without one, North Dakota's statutory default rules apply to situations your agreement would have otherwise addressed.

For example, unless your Articles of Organization specify that management is vested in one or more managers, management defaults to the members collectively.

At a minimum, your North Dakota LLC operating agreement should address:

• Names and contact details for all members

• Each member's ownership percentage

• How profits and losses are allocated among members

• Who has authority to make decisions and enter into contracts on behalf of the LLC

• How members can be added or removed

If you want a document tailored specifically to your structure and state, Swyft Filings can create a customized operating agreement for your North Dakota LLC based on your answers to a short questionnaire.

Step 5: Get an EIN

An Employer Identification Number is a nine-digit federal tax ID assigned by the IRS. It identifies your business for tax purposes much the way a Social Security Number identifies an individual. Applying for an EIN is free through the IRS website, and for most applicants, the online tool issues the number immediately.

You may need an EIN for your North Dakota LLC if it:

• Has employees

• Has more than one member

• Needs to file certain federal tax returns

• A bank or other institution may require one

• Requires an EIN for specific business licenses or tax registrations

Note: A single-member LLC treated as a disregarded entity for federal tax purposes and with no employees or applicable excise tax obligations generally does not need a separate EIN for federal income tax purposes. A multi-member LLC generally does.

Make sure your North Dakota LLC's Articles of Organization have been approved before you apply, since the IRS application asks for information about your formed entity.

If you cannot obtain an SSN or ITIN, you may need to apply for an EIN using Form SS-4 rather than the IRS online application.

What Are the Post-Formation Requirements for a North Dakota LLC?

Forming your North Dakota LLC is the first step. Keeping it in good standing requires attention to ongoing obligations, the most significant of which is North Dakota's annual report requirement.

File Your North Dakota LLC Annual Report

North Dakota requires every domestic LLC to file an annual report with the Secretary of State. The filing fee is $50, and the deadline is November 15 each year (the statute frames this as filing before November 16).

If your LLC was formed partway through a calendar year, the first annual report is due in the year following the calendar year in which your LLC's effective date falls, not exactly 12 months after formation. For example, an LLC formed in September 2026 would owe its first annual report by November 15, 2027.

Swyft Filings' Annual Report service can help you stay on top of this deadline each year.

Obtain a Business License for Your LLC in North Dakota

North Dakota does not have a single statewide general business license that all LLCs must obtain. Whether your North Dakota LLC needs a license or permit depends on the nature of your business activities.

Some industry-specific licenses and permits are issued at the state level through agencies other than the Secretary of State. The Attorney General, the North Dakota Securities Department, the State Electrical Board, the State Plumbing Board, and the Department of Financial Institutions all handle licensing for certain regulated industries. The Secretary of State's office itself administers registrations for contractors and home inspectors, among others.

If you want a comprehensive picture of what licenses and permits apply to your specific business, Swyft Filings' Business License Research Service can generate a report with the applicable requirements and application details.

Open a Bank Account for Your LLC in North Dakota

Opening a dedicated business bank account is one of the most practical steps you can take after forming your North Dakota LLC. Keeping business and personal finances separate helps maintain the distinction between you and your LLC and supports the liability protection an LLC provides.

To open a business bank account, most banks will ask for your approved Articles of Organization, your EIN, and often a copy of your operating agreement. Get your EIN before approaching a bank, since most institutions require it to proceed.

For a step-by-step walkthrough, read Swyft Filings' guide on How to Open a Business Bank Account in 2026.

How Much Does an LLC Cost in North Dakota?

The state requires a $135 registration fee when you file your Articles of Organization. However, you can avoid many additional formation costs by completing the process yourself through the North Dakota Secretary of State's FirstStop Portal.

Here is what to budget for when starting your North Dakota LLC:

Minimum unavoidable formation cost: $135. After formation, the minimum annual state maintenance cost is $50 for the annual report, though the first report is not due until the year following your LLC's formation year.

DIY vs. Swyft Filings: North Dakota LLC Formation Differences

You can form a North Dakota LLC on your own through the FirstStop portal, but the process involves more than a single form submission. Here is how handling it yourself compares to using Swyft Filings.

*Disclaimer: This guide provides general information about forming an LLC in North Dakota and is not a substitute for legal, tax, or financial advice.*