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<v Dan>To start an LLC in North Dakota, you file Articles of Organization with the North

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<v Dan>Dakota Secretary of State through the FirstStop portal, and pay $135.

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<v Maya>And then you're done?

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

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<v Maya>This is The Business Formation Podcast.

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<v Maya>Today, North Dakota for 2026, in six steps, with every cost, and the three best ways

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<v Maya>to have it filed for you. Let's begin with the name.

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

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<v Maya>Are there words I can't use?

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<v Dan>Yes. Corporation, incorporated, limited partnership, and similar terms aren't

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<v Dan>allowed. And the name must be distinguishable from others on the Secretary of

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<v Dan>State's records.

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<v Maya>How do I check?

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<v Dan>FirstStop has a free business search.

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<v Dan>Use it first.

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<v Maya>Can I hold a name while I get ready?

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<v Dan>You can reserve one for up to a year.

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<v Dan>That's $10.

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<v Maya>Who can be my agent?

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

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<v Dan>registered business with an office here.

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<v Dan>Either way, at a physical North Dakota address.

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

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<v Dan>No, it can't.

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<v Maya>Anything to do before I list someone?

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<v Dan>Get that person's approval first.

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<v Dan>And remember the address is public, so many owners use a commercial agent.

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

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

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<v Maya>Where do I file?

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

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<v Maya>What does the state send back?

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<v Dan>A certificate of organization.

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<v Maya>What do the Articles ask for?

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

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<v Maya>How fast is it?

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

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<v Maya>Does North Dakota collect my operating agreement?

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<v Dan>No. It's not filed, and there's no state fee.

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<v Dan>Keep it with your records.

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<v Maya>What belongs in it?

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<v Dan>Who owns what, how profits are split, who makes decisions, and what happens when a

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<v Dan>member leaves.

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<v Maya>And I should write it down?

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<v Dan>Yes. It's the LLC's rulebook.

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<v Maya>What's next on the federal side?

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<v Dan>Your EIN. Apply free with the IRS at IRS.gov,

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<v Dan>after the state files your Articles.

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<v Maya>Does it take long?

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

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<v Maya>What about the beneficial ownership report?

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<v Dan>Skip it. FinCEN no longer requires it from U.S.

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<v Dan>companies.

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<v Maya>What does North Dakota ask for after I form?

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<v Dan>An annual report, filed in FirstStop by November 15 every year.

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<v Dan>You start the year after you register.

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<v Maya>What's it cost?

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<v Dan>$50.

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<v Maya>And a late one?

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

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<v Maya>What if it never gets filed?

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<v Dan>The LLC is terminated. You have a year to reinstate, and the reinstatement fee is

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<v Dan>$135.

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<v Maya>Give me the do-it-yourself math.

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<v Dan>$135 to file the Articles. Then $50 a year for the annual report.

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<v Dan>The EIN is free.

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<v Maya>So year one is?

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

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<v Maya>And year two?

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

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<v Maya>What if I skip it and need to reinstate?

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

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

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

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<v Maya>And if I wait longer?

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<v Dan>Unfiled reports lead to involuntary termination.

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<v Maya>Then I reinstate.

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

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

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

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

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<v Dan>A noncommercial agent can be a North Dakota resident, with a physical address here.

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<v Dan>They have to approve it.

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<v Maya>And the downside?

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<v Dan>The address is public.

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<v Maya>A commercial agent?

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<v Dan>Same state requirement, a physical North Dakota address, but it's their business

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<v Dan>address on the record. Many owners prefer that.

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<v Maya>What about changing later?

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<v Dan>$10.

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<v Maya>Let me go back to the filing itself.

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<v Maya>What do I need in hand before I log in?

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<v Dan>A name that passes the search, an agent who has approved the role, your principal

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<v Dan>executive office, and each organizer.

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<v Maya>Organizers, meaning who?

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<v Dan>The people filing the Articles.

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<v Dan>The form lists each one.

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<v Maya>And once it's accepted?

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<v Dan>The Secretary of State issues your certificate of organization.

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<v Dan>That's your proof the LLC exists.

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

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<v Dan>No. There's no expedite, and no published processing time, so don't schedule a

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<v Dan>launch around the filing date.

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<v Maya>When is my first annual report?

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

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<v Dan>2027.

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<v Maya>Every year after that?

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

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<v Maya>So five years of reports add up to?

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<v Dan>$250, if you never file late.

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<v Maya>And the Articles on top of that?

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<v Dan>$135. So five years of reports plus formation is

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<v Dan>$385.

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<v Maya>Not bad, then.

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<v Dan>Right, as long as nothing slips.

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<v Dan>Late fees and reinstatement are where the cost climbs.

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<v Maya>Order of operations?

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<v Dan>Search the name. Choose your agent and get their approval.

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<v Dan>File the Articles in FirstStop for $135.

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<v Maya>And the rest?

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<v Dan>Write your operating agreement, get your EIN, and put November 15 on the calendar

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<v Dan>for next year.

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

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<v Dan>Here are the three best ways to file in North Dakota.

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<v Dan>Number one, our pick, is Mainstay Filing, $199 a year plus the state fee.

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<v Dan>With the $135 state fee, checkout comes to $334.

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<v Maya>What's included?

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<v Dan>Your Articles filed, your EIN application, and your registered agent every year.

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<v Dan>It renews at the same $199.

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<v Maya>And the annual report?

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<v Dan>Mainstay files it by November 15 each year.

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<v Dan>You pay only the state fee.

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<v Maya>Number two?

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<v Dan>ND Registered Agents.org. It prepares and files your Articles for $199 plus the

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<v Dan>state fee, also $334 at checkout.

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<v Dan>The first year of agent service is free, then $99 a year.

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<v Maya>And number three?

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<v Dan>North Dakota Registered Agent.co.

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<v Dan>Same offer. $199 plus the state fee, first year of agent service free,

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<v Dan>then $99 a year.

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<v Maya>How should I choose?

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<v Dan>If you'll file the annual report yourself, numbers two and three cost less from year

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<v Dan>two, at $99 a year for the agent alone.

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<v Dan>The $50 state fee is the same either way.

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<v Maya>Give me the three-year view.

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<v Dan>Mainstay is $199 a year, so $597.

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<v Dan>Number two or three is $199 in year one, then $99 in each of the next two

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<v Dan>years, for $397.

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<v Maya>A $200 gap.

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

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<v Dan>November.

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<v Maya>Can you recap?

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<v Dan>Choose a name with LLC in it, name a registered agent at a physical North Dakota

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<v Dan>address, file the Articles in FirstStop for $135, write an operating agreement,

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<v Dan>get your free EIN, and file your $50 annual report by November 15.

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<v Maya>The links to all three services and every official source are in the show notes.

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<v Maya>Thanks for listening to The Business Formation Podcast, and good luck with your new

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<v Maya>North Dakota LLC.