North Dakota Foreign LLC – Qualification and Registration


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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

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

Check name availability at North Dakota’s business entity names and reserve your LLC name.

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: 

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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

  1. Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search.
  2. File LLC annual reports and Business Privilege Tax.
  3. 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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. Review the form

    Before proceeding to make the payment, review the information entered by you thoroughly. All the information should be correct and accurate.

  6. 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.

If you’re wondering how much does it cost to register a foreign LLC in North Dakota, you’ve come to the right place. You can find the answer to this question in our article, “How Much Does It Cost to Register a Foreign LLC in North Dakota.”

To start your foreign LLC in North Dakota, you must file an annual report with the Secretary of State. This is required of all businesses, including Foreign Corporations. Filing the annual report is due on May 15 the year after your foreign LLC qualified in North Dakota. You can mail or fax your annual report, along with a Credit Card Payment Authorization form. You can get additional forms from the Secretary of State’s office. In addition to the annual report, you must pay a filing fee. The fee is $25 if the form is postmarked by May 15, $50 if it’s postmarked on August 15, and $85 if it’s postmarked after that date.

A Certificate of Good Standing (COA) is required for foreign companies when they conduct business in North Dakota. This document proves that your company has paid taxes and filed all required fees. It should be attached to the Certificate of Authority Application, which costs $135. You must pay a fee for the application. The fee will be dependent on the size of your foreign company. If your business has more than one member, you must register two companies.

The cost of registering a foreign LLC varies from state to state. Depending on your business size, the cost can range from $40 to $500. However, if you’re not sure how much to pay, you can save money by filing your articles online. To avoid late fees, you’ll want to hire a registered agent service. This will keep you compliant and alerted to important filing deadlines.

To register a foreign LLC in North Dakota, you must have a legal presence in another state. This means that you’ll need to pay state taxes, a tax ID, and an EIN. Once you’ve gotten all of these, you can then move on to filing the forms with your state. You can also find an attorney in your state to help you through this process.

A comprehensive operating agreement should be drawn up by the members of your business. This document will keep everyone on the same page and minimize the possibility of future conflict. To learn more, check out our North Dakota LLC operating agreement guide. Finally, you’ll need an EIN, or Employer Identification Number, which is essentially your company’s social security number. You can get a free EIN by visiting the IRS’s website.

In North Dakota, if you’re planning to establish a professional LLC, you’ll need to list a registered agent. A registered agent is a person who accepts legal documents on behalf of your LLC. The person listed as the registered agent can be a North Dakota resident or a foreign corporation. You’ll need to maintain a physical address for your registered agent in North Dakota. The North Dakota Secretary of State maintains a list of registered agents. Filing articles of organization online or by fax is relatively easy. The filing fee is $135.

F.A.Qs

What is a foreign LLC in North Dakota?

If your LLC is formed under the laws of another state, it is referred to as a foreign LLC in North Dakota.

Do I need a foreign LLC?

Businesses incorporated outside of the state where they operate must have “foreign qualifications” issued in the other states.

What is the main difference between domestic and foreign LLC?

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.

In Conclusion

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.

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