The 7-step walkthrough.
- 01
Pick a unique North Dakota LLC name
Must end in "LLC", "L.L.C." or "Limited Liability Company." Search the North Dakota Division of Corporations name database before you file.
- 02
Appoint a registered agent
Must have a physical North Dakota address. Use a commercial service or your own address if you live in-state and are there during business hours.
- 03
File your formation certificate
The one-page form goes to the North Dakota Secretary of State. Online is fastest; mail and in-person filings are still accepted.
- 04
Create an Operating Agreement
Not filed with the state, but legally required inside the LLC. Our free template covers ownership, distributions, and dissolution.
- 05
Get an EIN from the IRS
Federal tax ID. Free, online, ten minutes. Never pay anyone for an EIN — the IRS form is free.
- 06
Open a business bank account
Mercury, Relay, or a local bank. Requires EIN and stamped certificate. Separates personal and business liability.
- 07
Pay the annual report / franchise fee
Annual compliance for North Dakota LLCs. Set a calendar reminder — late fees compound quickly.
If you're not raising venture capital, Delaware is probably the wrong choice. It looks prestigious. It's expensive if you operate elsewhere.
Living in one state but forming in another? You'll pay twice.
If your LLC is based in North Dakota but you do business in another state, you must register as a "foreign LLC" there — a second filing fee, a second registered agent, and a second annual report. For most solo founders, forming in your home state is cheaper than chasing another state's reputation.
Three things we see founders get wrong.
- Paying for an EIN. The IRS issues them for free in ten minutes. Third-party "EIN services" are marking up a free government form.
- Skipping the Operating Agreement. North Dakota doesn't require you to file one — but the courts will treat the default statute as your agreement if you don't write your own. Protect yourself; use the template.
- Missing the annual report deadline. Late fees compound. Add the date to your calendar the day you file.
Don't want to file it yourself?
Our top-rated service for North Dakota LLCs is Northwest. $39 + state fees. Real humans. No upsells.