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:
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$39 + State Fees
$100 + State Fees
$0 + State Fees
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
Before starting business in North Dakota, you need to register your foreign LLC with the state. To do so, you must pay $135 to file your Articles of Organization. You may then file a Certificate of Authority Application with the state, which replaces your Articles of Organization. Once you’ve filed your paperwork, you can print it or submit it online. Once your LLC has been registered, you must file an annual report with the Secretary of State and pay a $100 late filing fee.
If you want to expand your business into North Dakota, you need to file a Certificate of Authority Application, which replaces the Articles of Organization. To register an LLC in North Dakota, you must be foreign. This one-time fee is $135, and you will need to pay this before you open your business. Once you have registered your LLC in the state, you can continue working as usual.
Once your LLC has been registered in the state, you need to pay state taxes and obtain a tax-ID number (EIN). Once your business has been registered, you can file for a Certificate of Authority in the state of North Dakota. In addition to filing your Certificate of Authority, you will need to file a certificate of good standing from your state licensing board. Once you’ve filed for your LLC, you will receive a Certificate of Good Standing.
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.