[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.