If you already have an LLC in another state and want a North Dakota LLC, then starting an LLC would be somewhat different. You must register as a foreign LLC. We have here a guide on how you can qualify and register for a foreign LLC in North Dakota.
On this page, you’ll learn about the following:
- Forming a North Dakota Foreign LLC
- After Forming North Dakota Foreign LLC
- Steps to Register your North Dakota Foreign LLC Online
Forming a North Dakota Foreign LLC
A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. To start a foreign LLC in North Dakota, you need to register it with the North Dakota Secretary of State.
Step 1: Choose North Dakota Foreign LLC Name
Obtain a name reservation certificate and submit it with your foreign qualification requirements at the North Dakota Secretary of State. Your LLC’s legal name outside of North Dakota will be listed on the application, along with the name it will use in North Dakota. Take note of the requirements for naming your LLC.
Step 2: Select North Dakota Foreign LLC Registered Agent
You’ll need a registered agent to form a foreign LLC in North Dakota and take note that a North Dakota registered agent must have a local address. Here are three of the best LLC services on our list that will provide you with registered agents to ease your worries:
Step 3: File Registration of North Dakota Foreign LLC
Fill out and submit a Foreign LLC Application for a Registration form on their online services site.
Include the following:
- LLC’s full legal name.
- A fictitious name or a DBA (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.
- LLC’s principal office and mailing addresses.
- LLC formation state and date.
- Registered agent’s name and address in North Dakota
- Date when your LLC will start operations in North Dakota.
- Credit card information on the last page of the form for the $150 application fee.
The LLC cost in North Dakota, even for foreign LLCs will differ between online filing and by mail.
Step 4: Determine How Your North Dakota Foreign LLC is taxed
Foreign LLCs are also subjected to the North Dakota Business Privilege Tax, and they must file LLC annual reports each year.
Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.
After Forming North Dakota Foreign LLC
Here are added things you need to accomplish after forming your North Dakota Foreign LLC
- Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search.
- File LLC annual reports and Business Privilege Tax.
- Pay State Taxes like sales tax; you’ll need an EIN for your LLC.
It is convenient plus easy to file for the foreign LLC if you are doing it online. The steps are very easy and that’s why it’s possible to go along with the steps and form the foreign LLC in North Dakota.
Steps to Register your North Dakota Foreign LLC Online
Time needed: 5 minutes.
To set up your foreign LLC in the State of North Dakota, you are required to apply for the Certificate of Authority with the Secretary of State office. The filing fee for the Certificate of Authority for a foreign LLC is $135.00. After approval from the State authorities, you will receive a Certified Copy of your Registration. We have explained the aspects you need to cover when you apply for North Dakota Foreign LLC.
- Visit the Official website of the Secretary of State of North Dakota
Go to the SOS Business page on the North Dakota Secretary of State website. The platform provides convenient and easy filing options and online business services. On the page, scroll to the heading of ‘Limited Liability Companies’ and click on the “Foreign Business Limited Liability Company Certificate of Authority Application”. Next, a dialogue box appears. Click on the ‘File Online’ tab.
- Log in to your Account
If you already have an account on the portal, proceed to enter your login credentials and click on the ‘Login’ tab. If you do not have an account, read the next step to create an account on the portal.
- Create your account
On the login page, select your choice of account, either a personal account or a business account. Accordingly, proceed to fill in the required details on the Create Account page, such as User ID, password, Personal information/ Business information, and security questions. Select all the terms and conditions on the page and click on the ‘Create Account’ tab.
- Proceed to complete your application
After creating your account on the portal, log in to your account. Next, access the user homepage and select the relevant option to proceed with business filings. Follow the instructions and guidelines and fill out the application form.
- Review the form
Before proceeding to make the payment, review the information entered by you thoroughly. All the information should be correct and accurate.
- Make the payment
Proceed to the payment gateway page and pay $135.00 as the filing fee for your North Dakota Foreign LLC Certificate of Authority Application. After making the payment, you will receive a notification from the State office confirming your application submission to the State.
The North Dakota Secretary of State does not offer offline filing options.
How Much Does It Cost to Register a Foreign LLC in North Dakota
To register as a foreign LLC in North Dakota, you can file through mail by paying a filing fee of $135 to the North Dakota Secretary of State.
In order to start a foreign LLC in North Dakota, you must first qualify as a foreign business entity. This means a foreign business entity must be a foreign corporation and qualify for a Certificate of Authority (COA). Once you qualify as a foreign business entity, you can file your application online or through the mail. The COA application fee is $135. The fee must be paid only once.
To register a foreign LLC in North Dakota, you must submit an application to the Secretary of State. This application must contain information about the business, including the name of the business, the purpose of the business, and the name of the owner, manager, and secretary. The application must also include a certificate of good standing or a current certificate of existence. You should file this application with the Secretary of State’s office within 90 days of qualifying.
In addition to the Certificate of Authority Application, foreign LLCs need to file Annual Reports and Business Privilege Tax. The fee to register a foreign LLC in North Dakota is $135. In addition, you may need to hire an attorney to help you navigate the application process.
To register a foreign LLC in North Dakota, you will need to file an application for a Certificate of Authority. You must also provide the required documents from your home state and appoint a registered agent in North Dakota. Be sure to follow all the state’s guidelines carefully. The application will take 90 days to process.
You will need a registered agent to receive any legal documents filed against your LLC. The office of the North Dakota Secretary of State maintains a list of registered agents. These agents will act as the contact point for the LLC. To change your registered agent, you must pay an additional $10 to the Secretary of State.
Once your LLC is registered, you must file an annual report with the North Dakota Secretary of State. You will need to include the name of the LLC, registered agent, registered office, address, and names of managers, governors, and members. The filing fee is $50 for the first report and $100 for the second annual report.
A North Dakota LLC operating agreement is not required, but it is recommended. It lays out the rights and duties of members and specifies how the LLC will run. You can file it online or with an attorney. Although an operating agreement is not required for an LLC in North Dakota, it is a legally binding document that outlines how the members of the LLC will operate.
To avoid a fine, you must file an annual report with the Secretary of State. An annual report is due November 15. If your LLC is not registered, the state will charge a $50 penalty.
If your LLC is formed under the laws of another state, it is referred to as a foreign LLC in North Dakota.
Businesses incorporated outside of the state where they operate must have “foreign qualifications” issued in the other states.
A domestic LLC is a company registered in North Dakota as an LLC. The entity type that has a physical presence in another state is a foreign LLC.
Starting a foreign LLC in North Dakota does not require a lot of documentation or tasks. However, it is always good to seek help from a professional when it comes to running your business. Get a professional registered agent and form your foreign LLC anywhere without a hassle.