Forming a limited liability company (LLC) in North Dakota takes some work. To start, you need to complete and file Articles of Organization with the North Dakota Secretary of State’s office. This document creates a separate legal entity and gives your LLC certain rights and privileges. 

If you’re ready to become a business owner, let us help! We can quickly have you up and running with our North Dakota LLC Formation Service. 

To learn more about the process of filing Articles of Organization in North Dakota, follow our guide below. 

How to file your LLC Articles of Organization in North Dakota

In this multi-step process, it’s essential to provide accurate information as you complete your State of North Dakota Articles of Organization. Below, we explain what you need to include in your formation documents. 

Step 1: Submit Your LLC’s Official Name 

An LLC’s name needs to meet specific requirements under the Uniform Limited Liability Company Act. The business name must:

• Contain the words “limited liability company” or an abbreviation
• Be distinguishable from any other business name on record

Step 2: Include Address of Principal Executive Office

Your LLC must have a main office address. If there’s no physical office for your business, you can use the address of one of the LLC officers or members. Post office boxes aren’t acceptable. 

Step 3: Provide the Name and Address of Your Registered Agent

A registered agent is the official point of contact for an LLC. This person or entity is responsible for receiving all legal documents on behalf of the company. Check out our Registered Agent Service, where we can secure a registered agent for your LLC. 

Step 4: Choose an Effective Date

You have the option to choose when your LLC officially comes into existence. It can be the date you file your Articles of Organization or a different date. Keep in mind the effective date can’t be more than 90 days from when you submit your Articles of Organization. 

Step 5: State the Length of the LLC’s Existence

Some LLCs exist only for a certain period. If you want your company to exist perpetually or indefinitely, then there’s nothing to do. Alternatively, you can provide a number of years for the life of your entity or a specific date that you want the LLC to terminate. 

Step 6: Describe the Purpose of the LLC

You can organize an LLC for any lawful purpose. However, you can choose to provide a specific purpose for which the LLC exists. The default language in the Articles of Organization form is “general business purposes.” North Dakota restricts any general business LLC from engaging in banking, farming, ranching, or insurance as a company that backs claims. There are separate forms for these types of LLCs. 

Step 7: Attach Any Needed Statements 

If the Articles of Organization leave out something you wish to include, then you can provide it in a separate statement. 

Step 8: Give the Name and Mailing Address of the LLC Organizers

All North Dakota LLCs must have at least one organizer. This person forms the company by filing the Articles of Organization. Organizers can be any person at least 18 years of age. 

Where to file your North Dakota Articles of Organization

The Secretary of State encourages users to file Articles of Organization online using their FirstStop filing system. They prefer not to accept documents via mail, fax, or in person. 

What are the next steps? 

Once you file the Articles of Organization for your LLC in North Dakota, there are a few more things to do to keep the business running smoothly. 

Create an Operating Agreement 

An Operating Agreement is a governing document for an LLC. It sets the rules for how the LLC runs, relations between members and the LLC, activities of the company, and rights and responsibilities of LLC managers. 

Without an Operating Agreement, North Dakota law governs. But because these rules are generic and not written specifically for your enterprise, following the state default rules doesn’t always produce an ideal outcome. It’s best to create your own detailed Operating Agreement. 

We can provide an Operating Agreement Template, so you have a starting point. 

Apply for an EIN

Most businesses need an Employer Identification Number (EIN). This nine-digit number is like a social security number for your LLC. It’s necessary for many things, including opening a bank account, hiring employees, getting an insurance policy, and applying for a business loan. 

An EIN also offers protection. Having one allows you to keep your personal and business information separate. 

You can get an EIN through the IRS’s website, or you can let us handle it for you with our Employer ID Number Service. We can take care of this administrative task while you focus on other things. 

We can help! 

Starting, running, and growing a business takes a lot of work. Let us help. With the ZenBusiness Money App, we simplify your finances by allowing you to manage your money in one place. We also offer a Worry-Free Compliance Service that will help keep you on top of state filing requirements. 

We support entrepreneurs and small businesses, so all of our products and services are meant to help your business grow.

Disclaimer: The content on this page is for informational purposes only, and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.