How Much Does An LLC Cost In North Dakota? (Filing Fees)
North Dakota charges $135 to file the Articles of Organization for a new LLC. That single payment to the Secretary of State creates the entity.
Keeping the LLC active costs more after that. The state collects a $50 Annual Report every year, due November 15. A registered agent has to stay on file the whole time too.
A few other costs show up too. It depends on what the business does and which extra services the owner pays for. The table below lays out every item by when it comes due.
Quick Summary
- The formation fee is filed once, online, through the Secretary of State's FirstStop Portal.
- North Dakota has no name-reservation filing for LLCs. Availability gets checked at the time of filing instead.
- Mark November 15 on the calendar. The Annual Report comes due that day every year, with a late fee if it's missed.
| Cost Item | Amount | Frequency | Required? |
|---|---|---|---|
| Articles of Organization | $135 | One-time | Yes |
| Registered Agent Service | $0 self / $80-$300 hired | Every year | Yes (self-serve allowed) |
| Name Availability Check | Free | One-time | Yes |
| Annual Report | $50 (late fee if missed) | Every year, Nov 15 | Yes |
| Business/Professional License | Varies | Varies | If applicable |
| Operating Agreement | $0-$200+ | One-time | No |
| Federal Self-Employment Tax | 15.3% | Ongoing | If applicable |
| Certified Copies | $15 + $0.50/page | As needed | No |
| Certificate of Good Standing | $20 | As needed | No |
| Trade Name / DBA | $25 | Every 5 years | No |
| EIN | $0 | One-time | If applicable |
Cost to Start a North Dakota LLC
Two things apply to nearly every new LLC before it can open for business. A third step matters only if another business already holds a similar name.
1. LLC Formation Filing Fee ($135 - Mandatory)
A domestic LLC registers with the North Dakota Secretary of State by filing Articles of Organization. The walkthrough runs online, through the FirstStop Portal.
That $135 fee is the entire LLC cost of putting the entity on the books. A foreign LLC registering from out of state pays the same $135.
2. Registered Agent Service ($0 Self / $80-$300 Hired - Mandatory to Have, Optional to Hire)
State law requires every North Dakota LLC to keep a registered agent on file at all times [1]. That agent needs a physical North Dakota street address. It's where the state and any court sends legal notices.
An owner or a member can fill the role personally at no cost, using a real North Dakota street address (a P.O. box does not qualify). Paying a North Dakota registered agent service to handle it costs $80 to $300 most years. The main upside is keeping a home address off the public filing.
3. Checking Name Availability (Free - Required Step)
North Dakota does not offer a separate name-reservation filing for LLCs. There is no form, no hold period and no fee to set one aside ahead of time.
Instead, the FirstStop Business Search tool checks whether a name is already taken. That check happens right when the Articles of Organization get filed. A North Dakota LLC lookup walks through how to run that search first.
Costs After Your North Dakota LLC Is Approved
Once the state approves the filing, a different set of costs kicks in. Some apply every year. Others only apply if the business needs them, or on request.
1. Annual Report Fee ($50 - Mandatory, Due November 15)
This filing goes through the Secretary of State and updates the LLC's business address. It also confirms who currently runs the company.
Miss the deadline and a late fee gets added on top. That brings a late report closer to $100 total. Missing it also drops the LLC straight into Not Good Standing status with the Secretary of State [2].
That status alone can block bank loans and out-of-state expansion. Stay unfiled for 6 to 12 months, and the LLC can be involuntarily terminated.
2. Business and Professional Licenses (Varies - If Applicable)
Some cities and industries layer on their own licensing costs. A restaurant, a contractor or a licensed professional usually needs a permit too. That permit comes from a city, county or licensing board.
Check with the local city or county first. If the work is licensed, check with the state board too. No single statewide license covers every kind of company.
3. Operating Agreement ($0-$200+ - Optional but Recommended)
North Dakota law doesn't require an LLC to file an operating agreement anywhere. Skip one, and gaps stay open. A court fills those gaps in if members ever fight over money or control.
The free template linked in the cost table above works fine for a simple single-member setup. A multi-member LLC usually needs more than that. An attorney-drafted version or a paid formation-service template runs $100 to $200 or more. The price depends on how many provisions it covers.
4. Federal Self-Employment Tax (15.3% - If Applicable)
By default, the IRS taxes an LLC as a pass-through entity. Profit flows straight to the members' personal returns, and each member owes federal self-employment tax on their share. That combined Social Security and Medicare rate sits at 15.3% right now.
5. Certified Copies of Business Documents ($15 Plus $0.50 a Page - Optional)
A certified copy of a filed document runs about $15 for the certification. Add roughly $0.50 per page copied. Lenders and out-of-state agencies sometimes ask for one before approving a loan or a foreign registration.
6. Certificate of Good Standing ($20 - Optional)
A Certificate of Good Standing costs $20. Request it through the FirstStop Portal. It confirms the LLC has filed its Annual Reports on time and stays active. Banks and other states often want to see one first.
7. Trade Name / DBA Registration ($25 - Optional)
Operating under a different name than the LLC's legal one takes a Trade Name registration. That's $25 through FirstStop. It protects the name inside North Dakota only, and it needs renewing every five years.
8. Employer Identification Number ($0 - Recommended)
Applying for an EIN on the IRS website costs nothing and usually takes a few minutes. A bank will typically ask for one before opening a business account. It's also required to hire employees or file certain tax returns.
Multi-member LLCs need one no matter what. Single-member LLCs only need one once one of those situations comes up. Nobody has to pay a formation service extra to handle this step.
Related article: how long it takes to form an LLC in North Dakota
FAQs
Does North Dakota Let LLCs Reserve a Business Name Before Filing?
No, North Dakota has no reservation form or hold period for LLC names. A founder who wants to lock in a name early has one workaround: file the Articles of Organization sooner rather than waiting, since that's the only step that actually secures it.
What Happens If I Miss the November 15 Annual Report Deadline?
Missing the November 15 deadline triggers Not Good Standing status right away, plus the late fee. The bigger risk shows up later: 6 to 12 months of staying unfiled in that status typically leads to involuntary termination, with only 1 year total to reinstate before it becomes final.
Do North Dakota LLCs Need an Operating Agreement?
No, North Dakota doesn't require filing an operating agreement with the state, though many banks ask to see one before opening a business account. Multi-member LLCs have the most at stake in skipping it, since it's the document that settles disputes over money or control.
Do I Need to File a Beneficial Ownership Information Report?
No, domestic LLCs formed in the United States do not need to file a Beneficial Ownership Information report with the Financial Crimes Enforcement Network. An interim final rule removed this requirement for domestic companies. Check FinCEN.gov/boi for updates.
References:
- https://sos.nd.gov/business/business-services/register-business
- https://sos.nd.gov/business/business-services/maintain-registration