How to Register a Foreign LLC in North Dakota

How to Register a Foreign LLC in North Dakota: Step-by-Step

1. 1

   Obtain a Certificate of Good Standing

   Contact your LLC's home state Secretary of State office to request a Certificate of Good Standing, also called a Certificate of Status or Certificate of Existence in some states. This document must be dated within 90 days of your North Dakota foreign registration filing date. Your home state sets the fee and how long this takes, so order it early and check both with the office that issues it.

2. 2

   Appoint a Registered Agent in North Dakota

   North Dakota law requires you to designate a North Dakota registered agent with a physical North Dakota street address who is available during normal business hours to accept legal documents and official correspondence. You can appoint an individual North Dakota resident, a business entity authorized to conduct business in North Dakota, or hire a professional registered agent service, which charges a yearly fee.

   Before you compare paid services: in most states the LLC's owner, or another individual who qualifies, may serve as its registered agent themselves, generally subject to that state's rules on keeping a street address in the state and being available there during normal business hours. A paid service is one way to meet the requirement and not the only one. The North Dakota registered agent requirements set out what North Dakota itself asks.

   Registered agent services for a foreign LLC in North Dakota

   Affiliate disclosure: Northwest Registered Agent, Bizee, ZenBusiness and LegalZoom pay us a commission if you sign up through our link, at no extra cost to you. We list only the registered agent services we have an affiliate relationship with, so this is not a survey of the whole market.

   This list is not scored. The four are listed cheapest annual renewal first, and every claim below is about the services listed here rather than the whole market.

   • Northwest Registered Agent$125/yr renewal

     Best for: Privacy-focused owners and anyone who just needs an agent, not a formation bundle

   • Bizee$149/yr renewal

     Best for: A free first year (some visitors are being shown shorter free periods, so confirm at checkout), renewing at $149/yr, if you're comfortable with the BBB caveat

   • ZenBusiness$199/yr renewal

     Best for: First-time founders forming a new LLC who want phone, email and chat support

   • LegalZoom$249/yr renewal

     Best for: Complex structures that want attorney consultations, which come with LegalZoom's $299 formation plan (and, in one version of its plans, the $249 plan) rather than this renewal price

   Note: Bizee holds a C rating from the BBB and is not accredited. BBB's profile carries a live alert describing a pattern of complaints about unexpected charges, difficulty canceling and filing delays, and Bizee has posted a response to it. We flag this so you can make an informed choice.

   Annual renewal is each provider's own standard published rate. Check the current terms at each provider before you buy. The scored ranking, and the formula behind it, is in our full formation services review →

3. 3

   Check Your LLC Name Availability

   Search the North Dakota Secretary of State's business database to verify your LLC name is distinguishable from existing entities. North Dakota requires a distinguishable name for foreign qualification. If your LLC name conflicts with an existing North Dakota entity, you may register under an assumed name by filing a Trade Name Registration with the Secretary of State, which requires an additional form and fee but allows you to operate under a different name in North Dakota.

4. 4

   File the Application for Registration of a Foreign Limited Liability Company

   Complete and submit the Application for Registration of a Foreign Limited Liability Company through the North Dakota Secretary of State website at https://sos.nd.gov/business/business-registration/foreign-entities/. The application requires your LLC's name, home state formation date, principal office address, registered agent information, and details about members or managers. Submit the $135 filing fee along with your Certificate of Good Standing and any required certified copies of formation documents from your home state.

5. 5

   Understand Your Ongoing Tax Obligations

   You must register with the North Dakota Tax Commissioner's office for applicable state taxes including income tax withholding if you've employees, sales tax if you sell taxable goods or services, and use tax obligations. Visit the North Dakota Tax Department website to determine which tax registrations apply to your specific business activities and complete the necessary applications within 30 days of beginning operations in the state.

6. 6

   File Your Annual Report / Ongoing Compliance

   North Dakota requires foreign LLCs to file an Annual Report by November 15th each year with a $50 filing fee. Mark this deadline prominently on your business calendar as a late fee set by the state can apply, and a report that stays unfiled can lead the state to revoke your authority to do business in North Dakota. The annual report updates your registered agent information, principal office address, and member or manager details with the state. We have not confirmed the late fee for an LLC formed in another state, so check it with the state office that takes the report.