Guide

How to Start an LLC in North Dakota (2026 Guide)

Build Your North Dakota LLC — illustration

It costs just $135 to file the Articles of Organization with the North Dakota Secretary of State, Business Services, according to that office’s LLC page. That’s the minimum price of admission. Here’s how to start an LLC in North Dakota, step by step, without paying for anything you don’t need.

A formation service is optional. And “free” here means you skip the middleman, not that the state waives its fee.

Last updated: October 11, 2026

This post contains affiliate links. If you sign up through our links, we may earn a commission at no cost to you. Our recommendations are based on independent research and are never influenced by partners.

Key Takeaways

  • The state filing fee for the Articles of Organization is $135.
  • The annual report costs $50 and is due November 15 each year. Late reports incur a late filing fee.
  • An EIN from the IRS is free. You never have to pay for one.
  • You can file yourself. A formation service adds its own fee on top of the state’s $135.

North Dakota LLC Costs at a Glance

Item Cost When
Articles of Organization (state filing fee) $135 Once, when you form the LLC
Annual report $50 Every year, due November 15
Late annual report A late filing fee applies (check the Secretary of State for the amount) If received after the deadline
EIN (federal tax ID) $0 Once, from IRS.gov

Sources: North Dakota Secretary of State, Business Services (LLC filing and annual report pages); IRS.

How to Start an LLC in North Dakota: 7 Steps

A few terms first, so nothing trips you up later:

  • LLC (limited liability company): a business structure registered with the state. It’s designed to keep your personal assets separate from the business’s debts, though how well that works depends on how you run the company.
  • Articles of Organization: the document that creates your LLC with the state.
  • Member: an owner of the LLC.
  • Registered agent: the person or company designated to receive legal papers and official state mail for the LLC.

1. Choose and check your business name

Your LLC’s name has to be distinguishable from other businesses already on file. Start with the business name search on the North Dakota Secretary of State, Business Services website. Search your exact name, then close variations.

The Secretary of State sets the naming rules, including required wording such as an LLC designator. Read the current rules on its site before you commit. Check that the matching web domain and social handles are open too. Renaming later is a hassle.

2. Appoint a registered agent

Your LLC needs a registered agent. You have three common options:

  • Yourself, if you have a physical address in North Dakota and you’re available there during business hours. Your agent’s address typically becomes part of the public record.
  • Someone you trust, such as a business partner or family member who agrees to take the role.
  • A commercial registered agent service, which makes sense if you want privacy, travel often, or don’t have a North Dakota address.

For the exact requirements, including address rules, check the North Dakota Secretary of State, Business Services website.

3. File the Articles of Organization

This is the step that creates your LLC. File the Articles of Organization with the North Dakota Secretary of State, Business Services. The state filing fee is $135, per the Secretary of State’s LLC page.

Gather these before you start:

  • Your approved LLC name
  • Your registered agent’s name and address
  • Your business or mailing address
  • The names and addresses of the people the form requires

The form’s exact fields and filing options can change, so get the current form straight from the Secretary of State’s site. Check the same site for current processing times.

Say you’re forming a one-person LLC in Fargo for a freelance design business. You’d search the name, list yourself as registered agent at your North Dakota address, complete the Articles of Organization, and pay the $135 state fee. That’s the whole state-level cost to form.

4. Create an operating agreement

An operating agreement is an internal document that spells out how your LLC runs: who owns what share, who makes decisions, and how profits get split. Even a one-person LLC benefits from one. It’s written proof that the business is separate from you personally.

Check the Secretary of State’s site and North Dakota’s LLC law for whether it must be in writing. You typically keep it with your company records rather than filing it with the state. Writing one is a smart habit either way.

5. Get your EIN from the IRS (free)

An EIN (Employer Identification Number) is your business’s federal tax ID. You’ll generally need one to open a business bank account, hire employees, or file certain tax returns.

The IRS says you can get an EIN directly from it in minutes, for free. It also says you never have to pay a fee for one. Apply only at IRS.gov.

Sites that charge for an EIN are middlemen for a form that costs nothing.

Still deciding how your LLC will be taxed? Our guide to LLC vs. S corp differences covers the tax setup.

6. Open a business bank account

Once your Articles of Organization are approved and your EIN is in hand, open an account in the LLC’s name. Keeping business and personal money apart is one of the simplest ways to support the separation between you and your LLC.

Most banks ask for your formation documents, your EIN, and sometimes your operating agreement. If you want online-first business checking, Novo is one to look at. Compare fees and features across a few banks before you pick, since needs vary by business.

7. Put the annual report on your calendar

North Dakota LLCs must file an annual report. Per the Secretary of State’s annual report page, it’s due November 15 each year, the fee is $50, and reports received after the deadline incur a late filing fee. When your first report is due and the current late fee are both on that page. Check them there instead of guessing.

How to Start an LLC in North Dakota: DIY vs. a Formation Service

The DIY route

Filing directly with the North Dakota Secretary of State, Business Services costs:

  • Formation: $135 (state fee)
  • Formation service fee: $0
  • EIN: $0
  • Total to form: $135

After that, the annual report is $50 each year.

What a formation service adds

A service files your paperwork for you and charges its own fee on top of the $135 state fee. Your first-year cost is the state fee plus whatever the service charges. Some offer extras like document templates, a first-year registered agent, compliance reminders, and a guided intake form. Prices vary by company and package, so see our comparison of the best LLC formation services for current numbers.

Bizee is one such service. It may suit you if you’d rather hand off the paperwork or want built-in reminders. Comfortable with a short government form? You don’t need one.

What you can skip

Unless you want the convenience, you can skip:

  • A paid EIN filing (the IRS provides it free)
  • Rush or add-on bundles you don’t need
  • A commercial registered agent, if you can reliably serve as your own
  • Pre-built compliance packages, if you’ll put November 15 in your calendar

Keeping Your North Dakota LLC in Good Standing

Forming the LLC happens once. Staying in good standing never stops. Per the Secretary of State, the key obligation is the annual report:

  • Due: November 15 each year
  • Fee: $50
  • If late: a late filing fee applies

The part people miss is how easy this deadline is to forget when nothing else in the business is due that day. Set a reminder a few weeks ahead. Make sure the Secretary of State has your current contact information so notices reach you. Keep your registered agent details up to date, and keep your operating agreement and records organized.

Comparing costs elsewhere? Our LLC filing fees by state roundup shows how North Dakota stacks up. Neighbors may want to read our South Dakota and Montana guides.

FAQ

How much does it cost to start an LLC in North Dakota?

The state filing fee for the Articles of Organization is $135, according to the North Dakota Secretary of State, Business Services. An EIN from the IRS is free. If you use a formation service, you’ll pay its fee on top of the state fee.

Do I have to use a formation service?

No. You can file the Articles of Organization yourself with the North Dakota Secretary of State, Business Services. A service is a convenience, not a requirement.

How much is the North Dakota LLC annual report, and when is it due?

The fee is $50, and reports are due November 15 each year, according to the North Dakota Secretary of State, Business Services. Reports received after the deadline incur a late filing fee. Check the annual report page for the current late fee and for when your first report is due.

Do I have to pay for an EIN?

No. The IRS says you can get an EIN directly from it for free and never have to pay a fee for one. Apply only through IRS.gov.

Where can I check current processing times?

Check the North Dakota Secretary of State, Business Services website for current processing times and filing options before you submit your Articles of Organization.

Your Next Step

Search your business name on the North Dakota Secretary of State’s website today, then walk through our 7-step start-here guide to line up your registered agent, EIN, and bank account before you file.

Disclaimer: The information in this article is for educational purposes only and does not constitute legal, tax, or financial advice. Business formation rules, fees, and deadlines vary by state and change often. Always consult a qualified attorney, CPA, or tax professional before making decisions about your business.

After you file

What to do next

Get your free EIN

Your business’s federal tax ID comes free from the IRS, and the online application takes minutes. Never pay a third party for one.

Open a business bank account

A separate account protects your liability shield and makes taxes easier. Novo offers online business checking built for small businesses.

Set up bookkeeping

Track income and expenses from day one. Xendoo provides online bookkeeping and tax help for small businesses.

Novo and Xendoo are partners: we may earn a commission at no cost to you.

Compare states

See LLC costs in every state

Compare filing fees and yearly costs on one map, or add up your total with the LLC cost calculator.

Picture of The Formation Guide

The Formation Guide

Plain-English, step-by-step guides to forming an LLC or corporation yourself: choosing a name, filing with your state, registered agents, EINs, and operating agreements.

Ready to make it official?

Form your LLC for $0 + the state fee with Bizee, or follow our free do-it-yourself guide.