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<v Dan>The 5 best registered agents in North Dakota in 2026 are Mainstay Filing, Northwest

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<v Dan>Registered Agent, ND Registered Agents.org, Bizee, and

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<v Dan>North Dakota Registered Agent.co.

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<v Maya>Welcome to The Business Formation Podcast.

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<v Maya>North Dakota. What should a listener know first?

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<v Dan>A change of agent is $10, but you need the agent's approval before you name them.

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<v Dan>And the state mails your annual report notices to the agent, so a bad agent can cost

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<v Dan>you your standing.

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<v Maya>What does the law require?

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<v Dan>Every North Dakota LLC must have a registered office and a registered agent under

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<v Dan>chapter 10-01.1 of the state code.

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<v Dan>The agent needs a physical address in the state.

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<v Maya>Who can be the agent?

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<v Dan>There are two kinds. A commercial agent is a person or business that has filed a

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<v Dan>listing with the Secretary of State.

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<v Dan>A noncommercial agent is an individual who lives in North Dakota, or a registered

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<v Dan>entity with a North Dakota business office.

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<v Maya>Can the LLC be its own agent?

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<v Dan>No. A business may not serve as its own agent.

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<v Dan>But an individual from the business can, if they live in North Dakota.

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<v Maya>What counts as an address?

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<v Dan>An actual street address or a rural route box number, plus a mailing address in the

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<v Dan>state if it's different.

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<v Maya>I'm Maya, by the way, here with Dan.

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<v Dan>Thanks, Maya. Now the five.

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<v Maya>Number one?

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<v Dan>Mainstay Filing, $149 a year, and it renews at the same $149.

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<v Maya>What do I get?

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<v Dan>Its North Dakota address on the public record instead of yours.

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<v Dan>Served papers are scanned and uploaded the same business day, no fee, and the first

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<v Dan>three government mailings a year are scanned free.

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<v Maya>And if I already have an agent?

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<v Dan>Mainstay files the change for you.

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<v Dan>The $10 state fee passes through at cost.

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<v Maya>The honest catch?

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<v Dan>If the lowest flat price is all you want, two agents below it charge $99.

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<v Maya>Second?

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<v Dan>Northwest Registered Agent, $125 a year.

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<v Dan>Its page says the price hasn't gone up in 20 years, and up to 10 pieces of regular

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<v Dan>mail a year are scanned free.

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<v Maya>The catch?

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<v Dan>Signup auto-enrolls you in its annual report filing service.

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<v Dan>That's $100 plus state fees per filing, until you cancel it.

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<v Maya>And North Dakota's own report?

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<v Dan>That's a $50 state fee on its own, so know what the service adds before you leave it

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<v Dan>on.

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<v Maya>Third?

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<v Dan>ND Registered Agents.org, $99 a year, same at renewal.

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<v Dan>The registered office address, same-day scanning of service of process, and

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<v Dan>compliance reminders.

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<v Maya>Switching?

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<v Dan>Just the $10 state fee.

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<v Maya>Any catch?

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<v Dan>Annual report filing is a separate service.

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<v Maya>Against Mainstay?

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<v Dan>$50 less a year, $150 across three.

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<v Maya>Four?

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<v Dan>Bizee, formerly Incfile. Free the first year with any formation package, then $149

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<v Dan>a year.

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<v Maya>Fine print?

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<v Dan>The free year needs a formation order, and the renewal is automatic.

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<v Maya>If I'd already formed my company?

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<v Dan>You start at $149. Two years is $298.

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<v Maya>And five?

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<v Dan>North Dakota Registered Agent.co, a flat $99.

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<v Dan>The address used on filings, same-day legal mail scanning, and compliance reminders.

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<v Maya>Different from number three?

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<v Dan>On the listings, no. Same price, same catch: annual report filing is a separate

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<v Dan>service.

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<v Maya>Where does the agent go when I form the LLC?

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<v Dan>In the Articles of Organization, filed in the state's FirstStop portal.

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<v Dan>There's no paper form.

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<v Maya>What goes on it?

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<v Dan>For a commercial agent, the name only.

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<v Dan>You don't need the commercial agent's address.

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<v Dan>For a noncommercial agent, the name and a complete physical address in North Dakota.

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<v Maya>What does the filing cost?

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<v Dan>$135.

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<v Maya>And the approval?

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<v Dan>The Secretary of State says to get the agent's approval first.

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<v Dan>Failing to do that may result in involuntary dissolution.

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<v Maya>How do I prove the agent said yes?

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<v Dan>You don't have to. Proof of approval isn't filed with the state.

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<v Maya>So what's the risk?

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<v Dan>Naming someone without asking.

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<v Dan>Under the statute, appointing an agent is your affirmation that they consented.

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<v Maya>What if they find out?

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<v Dan>A person named without consent can tell the Secretary of State, which removes them

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<v Dan>and notifies the entity that it has no registered agent.

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<v Maya>So it can unwind on its own.

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<v Dan>Yes, and the state then treats your LLC as having no agent.

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<v Dan>Ask first.

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<v Maya>How do I change it later?

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<v Dan>In FirstStop, with a Registered Agent or Office Change.

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<v Dan>The fee is $10.

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<v Maya>Per what?

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<v Dan>Per entity when the agent is noncommercial.

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<v Dan>That's the fee schedule's wording.

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<v Maya>Does the LLC's governing group have to approve it?

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<v Dan>No. The statute says the interest holders or governors need not approve the filing.

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<v Maya>When does it take effect?

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<v Dan>On filing.

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<v Maya>And the state's own mail?

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<v Dan>Notices about annual reports, not good standing and dissolutions go to the address

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<v Dan>of the registered agent on your record.

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<v Dan>So update it first.

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<v Maya>What if my agent quits?

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<v Dan>The agent files a statement of resignation.

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<v Dan>The state can't charge a fee to file it.

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<v Maya>What does it say?

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<v Dan>The entity, the agent, that they resign, and the name and address of the person the

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<v Dan>agent will send notice to.

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<v Maya>When does it take effect?

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<v Dan>The 31st day after filing, or when a new agent is appointed, whichever is earlier.

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<v Maya>Do they have to tell me?

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<v Dan>Yes. The agent has to promptly give your LLC notice of the date the statement was

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<v Dan>filed.

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<v Maya>And if I miss it?

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<v Dan>The state says you risk Not Good Standing, or involuntary dissolution.

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<v Maya>What happens to papers with no agent?

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<v Dan>The Secretary of State is the agent for service of process when an entity has no

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<v Dan>agent, or the agent can't be served with reasonable diligence.

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<v Maya>How does that work?

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<v Dan>Someone serves the state by registered mail or personal delivery, with a sheriff's

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<v Dan>return or an affidavit that no agent can be found.

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<v Dan>It's deemed personal service on the entity.

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<v Maya>What does it cost them?

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<v Dan>Three copies and a $25 fee. It's returnable in not less than 30 days, and the state

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<v Dan>forwards it by registered mail to your principal executive office.

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<v Maya>And termination?

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<v Dan>The state can involuntarily terminate an LLC that fails to appoint and maintain an

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<v Dan>agent, after at least 60 days notice by mail.

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<v Maya>What does North Dakota want each year?

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<v Dan>An annual report, $50, due November 15.

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<v Dan>In 2026 that falls on a Sunday, so FirstStop shows November 16.

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<v Maya>And if I miss it?

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<v Dan>There's a $50 late fee.

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<v Maya>What if it goes unfiled for months?

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<v Dan>The LLC is terminated by operation of law six months after the deadline.

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<v Dan>Reinstating within a year costs $235 in all.

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<v Maya>And the notice goes to the agent.

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<v Dan>Which is the point. A good agent turns that mail around the same day.

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<v Maya>Can I be my own agent in North Dakota?

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<v Dan>If you live there, yes. The LLC can't be the agent, but you, an individual who lives

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<v Dan>in the state, can.

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<v Maya>What's the tradeoff?

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<v Dan>Your physical address goes on the record, and so does all the state mail.

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<v Maya>Does serving create liability?

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<v Dan>The Secretary of State says serving does not make an individual liable for the

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<v Dan>actions of the organization.

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<v Maya>What does the agent actually have to do?

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<v Dan>Forward any process, notice or demand to the entity at the address it supplied, pass

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<v Dan>along the notices the chapter requires, and keep its own information current.

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<v Maya>How would a Fargo or Bismarck owner decide?

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<v Dan>Three questions. Does the price hold, is there a real North Dakota address, and who

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<v Dan>handles the change and the approval when you switch.

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<v Maya>And your answer?

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<v Dan>Mainstay Filing. Our pick for North Dakota, at $149 a year.

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<v Maya>All five, once more?

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<v Dan>One, Mainstay Filing: $149, same at renewal.

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<v Dan>Two, Northwest: $125, with the report service to cancel.

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<v Dan>Three, ND Registered Agents.org: $99 flat.

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<v Dan>Four, Bizee: free the first year with a formation order, then

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<v Dan>$149. Five, North Dakota Registered Agent.co:

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<v Dan>$99 flat.

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<v Maya>The links are in the show notes.

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<v Maya>Thanks for listening to The Business Formation Podcast.