[0:00] The short answer Dan: The 5 best registered agents in North Dakota in 2026 are Mainstay Filing, Northwest Registered Agent, ND Registered Agents.org, Bizee, and North Dakota Registered Agent.co. Maya: Welcome to The Business Formation Podcast. North Dakota. What should a listener know first? Dan: A change of agent is $10, but you need the agent's approval before you name them. And the state mails your annual report notices to the agent, so a bad agent can cost you your standing. [0:34] What North Dakota requires Maya: What does the law require? Dan: Every North Dakota LLC must have a registered office and a registered agent under chapter 10-01.1 of the state code. The agent needs a physical address in the state. Maya: Who can be the agent? Dan: There are two kinds. A commercial agent is a person or business that has filed a listing with the Secretary of State. A noncommercial agent is an individual who lives in North Dakota, or a registered entity with a North Dakota business office. Maya: Can the LLC be its own agent? Dan: No. A business may not serve as its own agent. But an individual from the business can, if they live in North Dakota. Maya: What counts as an address? Dan: An actual street address or a rural route box number, plus a mailing address in the state if it's different. Maya: I'm Maya, by the way, here with Dan. Dan: Thanks, Maya. Now the five. [1:30] Mainstay Filing Maya: Number one? Dan: Mainstay Filing, $149 a year, and it renews at the same $149. Maya: What do I get? Dan: Its North Dakota address on the public record instead of yours. Served papers are scanned and uploaded the same business day, no fee, and the first three government mailings a year are scanned free. Maya: And if I already have an agent? Dan: Mainstay files the change for you. The $10 state fee passes through at cost. Maya: The honest catch? Dan: If the lowest flat price is all you want, two agents below it charge $99. [2:09] Northwest Registered Agent Maya: Second? Dan: Northwest Registered Agent, $125 a year. Its page says the price hasn't gone up in 20 years, and up to 10 pieces of regular mail a year are scanned free. Maya: The catch? Dan: Signup auto-enrolls you in its annual report filing service. That's $100 plus state fees per filing, until you cancel it. Maya: And North Dakota's own report? Dan: That's a $50 state fee on its own, so know what the service adds before you leave it on. [2:37] ND Registered Agents.org Maya: Third? Dan: ND Registered Agents.org, $99 a year, same at renewal. The registered office address, same-day scanning of service of process, and compliance reminders. Maya: Switching? Dan: Just the $10 state fee. Maya: Any catch? Dan: Annual report filing is a separate service. Maya: Against Mainstay? Dan: $50 less a year, $150 across three. [3:01] Bizee Maya: Four? Dan: Bizee, formerly Incfile. Free the first year with any formation package, then $149 a year. Maya: Fine print? Dan: The free year needs a formation order, and the renewal is automatic. Maya: If I'd already formed my company? Dan: You start at $149. Two years is $298. [3:24] North Dakota Registered Agent.co Maya: And five? Dan: North Dakota Registered Agent.co, a flat $99. The address used on filings, same-day legal mail scanning, and compliance reminders. Maya: Different from number three? Dan: On the listings, no. Same price, same catch: annual report filing is a separate service. [3:46] Naming the agent at formation Maya: Where does the agent go when I form the LLC? Dan: In the Articles of Organization, filed in the state's FirstStop portal. There's no paper form. Maya: What goes on it? Dan: For a commercial agent, the name only. You don't need the commercial agent's address. For a noncommercial agent, the name and a complete physical address in North Dakota. Maya: What does the filing cost? Dan: $135. Maya: And the approval? Dan: The Secretary of State says to get the agent's approval first. Failing to do that may result in involuntary dissolution. [4:23] Agent approval Maya: How do I prove the agent said yes? Dan: You don't have to. Proof of approval isn't filed with the state. Maya: So what's the risk? Dan: Naming someone without asking. Under the statute, appointing an agent is your affirmation that they consented. Maya: What if they find out? Dan: A person named without consent can tell the Secretary of State, which removes them and notifies the entity that it has no registered agent. Maya: So it can unwind on its own. Dan: Yes, and the state then treats your LLC as having no agent. Ask first. [4:55] Changing the agent Maya: How do I change it later? Dan: In FirstStop, with a Registered Agent or Office Change. The fee is $10. Maya: Per what? Dan: Per entity when the agent is noncommercial. That's the fee schedule's wording. Maya: Does the LLC's governing group have to approve it? Dan: No. The statute says the interest holders or governors need not approve the filing. Maya: When does it take effect? Dan: On filing. Maya: And the state's own mail? Dan: Notices about annual reports, not good standing and dissolutions go to the address of the registered agent on your record. So update it first. [5:33] If the agent resigns Maya: What if my agent quits? Dan: The agent files a statement of resignation. The state can't charge a fee to file it. Maya: What does it say? Dan: The entity, the agent, that they resign, and the name and address of the person the agent will send notice to. Maya: When does it take effect? Dan: The 31st day after filing, or when a new agent is appointed, whichever is earlier. Maya: Do they have to tell me? Dan: Yes. The agent has to promptly give your LLC notice of the date the statement was filed. Maya: And if I miss it? Dan: The state says you risk Not Good Standing, or involuntary dissolution. [6:09] When there's no agent Maya: What happens to papers with no agent? Dan: The Secretary of State is the agent for service of process when an entity has no agent, or the agent can't be served with reasonable diligence. Maya: How does that work? Dan: Someone serves the state by registered mail or personal delivery, with a sheriff's return or an affidavit that no agent can be found. It's deemed personal service on the entity. Maya: What does it cost them? Dan: Three copies and a $25 fee. It's returnable in not less than 30 days, and the state forwards it by registered mail to your principal executive office. Maya: And termination? Dan: The state can involuntarily terminate an LLC that fails to appoint and maintain an agent, after at least 60 days notice by mail. [6:56] The annual report Maya: What does North Dakota want each year? Dan: An annual report, $50, due November 15. In 2026 that falls on a Sunday, so FirstStop shows November 16. Maya: And if I miss it? Dan: There's a $50 late fee. Maya: What if it goes unfiled for months? Dan: The LLC is terminated by operation of law six months after the deadline. Reinstating within a year costs $235 in all. Maya: And the notice goes to the agent. Dan: Which is the point. A good agent turns that mail around the same day. [7:32] Doing it yourself Maya: Can I be my own agent in North Dakota? Dan: If you live there, yes. The LLC can't be the agent, but you, an individual who lives in the state, can. Maya: What's the tradeoff? Dan: Your physical address goes on the record, and so does all the state mail. Maya: Does serving create liability? Dan: The Secretary of State says serving does not make an individual liable for the actions of the organization. Maya: What does the agent actually have to do? Dan: Forward any process, notice or demand to the entity at the address it supplied, pass along the notices the chapter requires, and keep its own information current. [8:10] Picking one Maya: How would a Fargo or Bismarck owner decide? Dan: Three questions. Does the price hold, is there a real North Dakota address, and who handles the change and the approval when you switch. Maya: And your answer? Dan: Mainstay Filing. Our pick for North Dakota, at $149 a year. [8:30] The five in a row Maya: All five, once more? Dan: One, Mainstay Filing: $149, same at renewal. Two, Northwest: $125, with the report service to cancel. Three, ND Registered Agents.org: $99 flat. Four, Bizee: free the first year with a formation order, then $149. Five, North Dakota Registered Agent.co: $99 flat. Maya: The links are in the show notes. Thanks for listening to The Business Formation Podcast.