1. Choose a Name for Your North Dakota Limited Liability Company
Check for an Available Name for the LLC in North Dakota: The first step towards forming an LLC in North Dakota is choosing a name for your LLC. You will need to make sure that you choose a name that is available in North Dakota, that is, a name that is not in use by another North Dakota LLC. You should search online databases like the database on the official website of the North Dakota Secretary of State at North Dakota LLC as well as other records to make sure that the name that you have chosen is available in North Dakota.
Reserve a Name for Your North Dakota LLC: You might want to reserve a name for your LLC before you file Articles of Organization in North Dakota if you are not planning on filing Articles of Organization right away. You can reserve a name by submitting an application. The name reservation application can be downloaded online at North Dakota LLC. You will be able to reserve the LLC name of your choice for a period of 12 months. The filing fee is $10.00 for the name reservation application.
Filing for Trademarks Protection and Doing an LLC Name Search: During your search for an available name for your North Dakota LLC, you may find that the name that you have chosen is available in North Dakota but in use by an LLC in some other state. The way that you use your chosen name may be restricted. You should consult an attorney to learn how these restrictions may affect your company and how you can take steps to trademark the name that you have chosen. To learn more about how to choose a name for your LLC, visit how to choose a name for your llc.
North Dakota LLC Name Requirements: You should include the designation "LLC," “L.L.C.,” or "Limited Liability Company" as part of the name of your North Dakota LLC. “LLC” stands for “Limited Liability Company,” NOT “LLC Corporation, “Limited Liability Corporation,” or anything else that seems to indicate a corporation. An LLC is a distinct business structure that is organized differently than a corporation.
2. Find a Registered Agent in North Dakota
The next step towards forming an LLC is to choose a registered agent who will act as an agent for service of process for your North Dakota LLC. A registered agent receives tax forms and other official documents for an LLC or corporation. Various corporate services companies offer registered agent services for a fee of around $75.00 to $150.00.
3. File Articles of Organization with the North Dakota Secretary of State
Minimum Requirements for the Articles of Organization: The Articles of Organization form that you file for your North Dakota LLC needs to contain the name and purpose of your LLC, the name and address of your registered agent, and the name and address of each organizer. The Articles of Organization form needs to be signed by the organizers. You can download a form for this document online at North Dakota LLC.
Other North Dakota Legal Provisions: When you create your Articles of Organization, consider including additional provisions. A lawyer can assist you in deciding which additional provisions will be important for your company.
Where to Submit the Articles of Organization for Filing: You should send the complete Articles of Organization form to the Business Division, Secretary of State, State of North Dakota, 600 E. Boulevard Avenue, Dept. 108, Bismarck ND 58505-0500.
Filing Fee: The fee to file Articles of Organization in North Dakota is $135.00.
4. Form a North Dakota Limited Liability Company Agreement (Operating Agreement)
Once you form your North Dakota LLC by filing Articles of Organization, you should create an LLC Agreement to govern the LLC and actions between the members of the LLC. LLC Agreements can be tailored to the specific needs of a company. When creating your company’s LLC Agreement, think about who will be the initial members and how subsequent members will be admitted, who will be investing capital in the company, whether the members will be organized as a board or as a committee, what the powers of managers and executives will be, how money will be distributed among the members, and what will happen if you eventually decide to sell the company or incorporate. It is important to consider the purpose of your LLC when you are creating your LLC Agreement. Whether your LLC was formed to manage a restaurant, acquire and hold real estate, or operate an Internet business will influence details of your LLC Agreement. Writing an effective LLC Agreement can be complicated, but if you seek the counsel of a lawyer and an accountant you will be able to create an LLC Agreement that is in compliance with all state requirements and federal tax laws.
Once you create your LLC Agreement, you should prepare to make securities filings for your LLC, obtain an EIN from the IRS, and obtain a business license in the city where you will be doing business. Various corporate services companies offer assistance with these types of filings for a fee. To learn about how to get a business license in your city, visit our online guide at http://www.cityapplications.com/business-licenses.html.
5. Qualify Your North Dakota LLC to Do Business in Other States
As you prepare to do business in other states, you should find out how you can qualify or register your LLC to do business in other states. You will be required to qualify your LLC to do business in your home state if the main office of the company is located in some other state. Most states require you to pay taxes in your home state when you do business in other states. To learn about how you can qualify your LLC to do business in other states, visit [Qualifying to Do Business in Other States].
6. Make Annual Filings and Pay Annual Taxes in North Dakota
The state of North Dakota requires that you file an annual report for your LLC by November 15th of each year. You can generate a form for this report at North Dakota LLC. The state of North Dakota also requires that you file a tax report and pay taxes each year. To learn about the taxes that will apply to your LLC and to download tax forms, visit the official website of the Office of the State Tax Commissioner at North Dakota LLC.
Forming an LLC in North Dakota can be complicated, but if you seek the counsel of an accountant and an attorney you can have more confidence that an LLC is right for you and that all your paperwork will be processed correctly.
This article is for informational purposes and does not constitute legal, financial or tax advice. This information is derived from various sources and should not be relied on as an official source of information. All information should be independently verified. You should consult a legal or accounting professional before incorporating your business.
Disclaimer: This site is for informational purposes only and does not constitute legal, financial or tax advise. The information on this site should not be relied upon as an official source of information and should be independently verified.