How to Start an LLC in North Dakota (2026)

Full transcript

0:00 The short answer

Dan To start an LLC in North Dakota, you file Articles of Organization with the North Dakota Secretary of State through the FirstStop portal, and pay $135.

Maya And then you're done?

Dan Not quite. North Dakota wants an annual report every year by November 15.

Maya This is The Business Formation Podcast. Today, North Dakota for 2026, in six steps, with every cost, and the three best ways to have it filed for you. Let's begin with the name.

0:29 Step 1: Choose a name

Dan Your name has to include limited liability company, LLC, or L.L.C.

Maya Are there words I can't use?

Dan Yes. Corporation, incorporated, limited partnership, and similar terms aren't allowed. And the name must be distinguishable from others on the Secretary of State's records.

Maya How do I check?

Dan FirstStop has a free business search. Use it first.

Maya Can I hold a name while I get ready?

Dan You can reserve one for up to a year. That's $10.

0:58 Step 2: Name a registered agent

Maya Who can be my agent?

Dan A commercial agent, or a noncommercial agent who lives in North Dakota or is a registered business with an office here. Either way, at a physical North Dakota address.

Maya Can the LLC be its own agent?

Dan No, it can't.

Maya Anything to do before I list someone?

Dan Get that person's approval first. And remember the address is public, so many owners use a commercial agent.

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

Dan Nice to be here, Maya. If you swap agents down the road, that costs $10.

1:30 Step 3: File the Articles

Maya Where do I file?

Dan In FirstStop. You start a business in the portal and pay $135.

Maya What does the state send back?

Dan A certificate of organization.

Maya What do the Articles ask for?

Dan The agent, the principal executive office, and each organizer.

Maya How fast is it?

Dan North Dakota doesn't publish a processing time, and it doesn't offer an expedite.

1:54 Step 4: Write an operating agreement

Maya Does North Dakota collect my operating agreement?

Dan No. It's not filed, and there's no state fee. Keep it with your records.

Maya What belongs in it?

Dan Who owns what, how profits are split, who makes decisions, and what happens when a member leaves.

Maya And I should write it down?

Dan Yes. It's the LLC's rulebook.

2:15 Step 5: Get a free EIN

Maya What's next on the federal side?

Dan Your EIN. Apply free with the IRS at IRS.gov, after the state files your Articles.

Maya Does it take long?

Dan If the online application is approved, the number is issued right away.

Maya What about the beneficial ownership report?

Dan Skip it. FinCEN no longer requires it from U.S. companies.

2:40 Step 6: File the annual report

Maya What does North Dakota ask for after I form?

Dan An annual report, filed in FirstStop by November 15 every year. You start the year after you register.

Maya What's it cost?

Dan $50.

Maya And a late one?

Dan There's a $50 late fee, and the LLC is no longer in good standing.

Maya What if it never gets filed?

Dan The LLC is terminated. You have a year to reinstate, and the reinstatement fee is $135.

3:10 What it costs

Maya Give me the do-it-yourself math.

Dan $135 to file the Articles. Then $50 a year for the annual report. The EIN is free.

Maya So year one is?

Dan $135, since your first report isn't due until the following year.

Maya And year two?

Dan $50, as long as you file it by November 15.

Maya What if I skip it and need to reinstate?

Dan Then it's the past-due report and fees, plus the $135 reinstatement fee.

3:42 The cost of a missed report

Maya Let me press on that. What's the worst case?

Dan A late report adds a $50 fee and the LLC drops out of good standing.

Maya And if I wait longer?

Dan Unfiled reports lead to involuntary termination.

Maya Then I reinstate.

Dan Within a year, yes. You pay the past-due report and fees, plus $135.

Maya So a miss can cost far more than the report itself.

Dan Right. The report is $50. Reinstating adds $135 on top.

4:11 Choosing your agent

Maya Back to the agent. Could one of my partners do it?

Dan A noncommercial agent can be a North Dakota resident, with a physical address here. They have to approve it.

Maya And the downside?

Dan The address is public.

Maya A commercial agent?

Dan Same state requirement, a physical North Dakota address, but it's their business address on the record. Many owners prefer that.

Maya What about changing later?

Dan $10.

4:37 What the Articles need

Maya Let me go back to the filing itself. What do I need in hand before I log in?

Dan A name that passes the search, an agent who has approved the role, your principal executive office, and each organizer.

Maya Organizers, meaning who?

Dan The people filing the Articles. The form lists each one.

Maya And once it's accepted?

Dan The Secretary of State issues your certificate of organization. That's your proof the LLC exists.

Maya Any rush option if I'm in a hurry?

Dan No. There's no expedite, and no published processing time, so don't schedule a launch around the filing date.

5:15 When the first report is due

Maya When is my first annual report?

Dan The year after you register. Form in 2026, and the first one is due November 15, 2027.

Maya Every year after that?

Dan Every November 15, filed in FirstStop, $50 each time.

Maya So five years of reports add up to?

Dan $250, if you never file late.

Maya And the Articles on top of that?

Dan $135. So five years of reports plus formation is $385.

Maya Not bad, then.

Dan Right, as long as nothing slips. Late fees and reinstatement are where the cost climbs.

5:57 First-year checklist

Maya Order of operations?

Dan Search the name. Choose your agent and get their approval. File the Articles in FirstStop for $135.

Maya And the rest?

Dan Write your operating agreement, get your EIN, and put November 15 on the calendar for next year.

6:15 The 3 best ways to file in North Dakota

Maya What if I'd rather have someone else handle it?

Dan Here are the three best ways to file in North Dakota. Number one, our pick, is Mainstay Filing, $199 a year plus the state fee. With the $135 state fee, checkout comes to $334.

Maya What's included?

Dan Your Articles filed, your EIN application, and your registered agent every year. It renews at the same $199.

Maya And the annual report?

Dan Mainstay files it by November 15 each year. You pay only the state fee.

Maya Number two?

Dan ND Registered Agents.org. It prepares and files your Articles for $199 plus the state fee, also $334 at checkout. The first year of agent service is free, then $99 a year.

Maya And number three?

Dan North Dakota Registered Agent.co. Same offer. $199 plus the state fee, first year of agent service free, then $99 a year.

Maya How should I choose?

Dan If you'll file the annual report yourself, numbers two and three cost less from year two, at $99 a year for the agent alone. The $50 state fee is the same either way.

7:34 Three years of service fees

Maya Give me the three-year view.

Dan Mainstay is $199 a year, so $597. Number two or three is $199 in year one, then $99 in each of the next two years, for $397.

Maya A $200 gap.

Dan Yes. With Mainstay, that gap covers your annual report being filed for you each November.

7:58 Recap

Maya Can you recap?

Dan Choose a name with LLC in it, name a registered agent at a physical North Dakota address, file the Articles in FirstStop for $135, write an operating agreement, get your free EIN, and file your $50 annual report by November 15.

Maya The links to all three services and every official source are in the show notes. Thanks for listening to The Business Formation Podcast, and good luck with your new North Dakota LLC.