How to Form a Limited Liability Company in North Dakota

 

Start an LLC in North Dakota in 5 Simple Steps

Step 1: Give Your North Dakota LLC a Name
Step 2: Select a North Dakota Registered Agent.
Step 3: File the Articles of Organization in North Dakota.
Create an Operating Agreement in Step 4
Step 5: Obtain an EIN

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It is simple to form an LLC in North Dakota.

To incorporate a North Dakota LLC, submit the Articles of Organization to the North Dakota Secretary of State, which costs $135. Only online applications are accepted. The Articles of Organization are the legally binding documents that establish your North Dakota Limited Liability Company.

STEP 1: Give your North Dakota LLC a name.

The first and most significant step in forming your LLC is deciding on a name. Make sure your name conforms with North Dakota naming regulations and is readily searched by prospective customers.

1. Follow the naming conventions:

The word “limited liability corporation” or one of its acronyms must be in your name (LLC or L.L.C.).
Your LLC’s name cannot include terms that may be confused with a government organization (FBI, Treasury, State Department, etc.).
Restricted terms (e.g., bank, attorney, university) may need extra documentation and the participation of a licensed professional, such as a doctor or lawyer, in your LLC.

2. Does the name exist in North Dakota? Check the Secretary of State’s website for a North Dakota LLC Search to ensure that the name you desire isn’t currently in use.

3. Is the URL accessible? We propose that you investigate if your company’s name is accessible as a web domain. Even if you don’t intend to create a company website right away, you may wish to purchase the URL to prevent others from doing so.

STEP 2: Select a North Dakota Registered Agent

You must name a registered agent in North Dakota for your LLC.

What exactly is a Registered Agent? A registered agent is a person or corporate organization that accepts vital legal papers on your behalf. Consider your registered agent to be your company’s point of contact with the state.

Who is eligible to be a Registered Agent? A Registered Agent must be a North Dakota citizen or a firm, such as a registered agent service, that is permitted to do business in North Dakota. You may choose someone from your organization, even yourself.

STEP 3: Submit the Articles of Organization for the North Dakota LLC.

You must submit the Articles of Organization with the Secretary of State to register your North Dakota LLC. This is something that can be done online.

STEP 4: Draft an Operating Agreement for a North Dakota LLC.

Although an operating agreement is not necessary in North Dakota, it is a good practice to have one.

What exactly is an operating agreement? An operating agreement is a legal document that outlines an LLC’s ownership and running processes.

Why are operating agreements necessary? A detailed operating agreement guarantees that all firm owners are on the same page and decreases the likelihood of future disagreement.

STEP 5: Get an EIN

What exactly is an EIN? EIN is an acronym that stands for Employer Identification Number. EINs are nine-digit numbers provided by the Internal Revenue Service (IRS) to companies to assist them be identified for tax reasons. It is basically a business’s Social Security Number.

An EIN is also known as a Federal Employer Identification Number (FEIN) or a Federal Tax Identification Number (FTIN) (FTIN).

Why do I need an EIN? An EIN is necessary in order to:

Establish a business bank account.
Filing and managing federal and state income taxes
Employ people

What if my single proprietorship already has an EIN? When transitioning a sole proprietorship to an LLC, the IRS demands a new EIN.

Where can I get an EIN? The IRS will provide you an EIN for free. Obtaining an EIN is a simple procedure that may be completed online or by mail.

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