Best North Dakota Registered Agents 2022 (How to Add Self as RA)


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North Dakota Registered Agent: If you wish to start a North Dakota LLC, you have to appoint a registered agent. According to North Dakota State Law, it is mandatory to have a North Dakota Registered Agent if you are conducting business in the state. A registered agent receives all the official and legal documents from the State. They also receive the service of process if there’s any lawsuit in concern.

In the following guide, we have shared all the required information regarding hiring a registered agent, why you need a registered agent in North Dakota, and who can be a registered agent for your LLC. Read this guide carefully before you hire a North Dakota Registered Agent.

What is a North Dakota Registered Agent

A registered agent (or a statutory agent or a resident agent) in North Dakota is an individual or a business that represents your business in receiving official documents. These official papers include formation documents, business renewal documents, tax filing, and any legal document if the LLC gets sued by other companies. All these documents go straight to the registered agent’s official address in the state. While forming an LLC, it is mandatory to appoint a registered agent.

When you file the North Dakota LLC formation papers with the Secretary of State, LLCs have to mention their registered agent’s name and address. When you choose a registered agent in North Dakota, you can go for two options, hiring an in-house registered agent or outsourcing the service.

Hiring a Registered Agent in North Dakota

You may have several options for hiring a registered agent in North Dakota. To become a registered agent, one has to meet the basic eligibility criteria. If the minimum requirements are fulfilled, anyone residing in North Dakota can represent your LLC as your registered agent.

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Who Can Be a Registered Agent

  • The person must be above 18 years old.
  • The person must have a legal and physical address in the state where the LLC will operate.
  • The person must be physically present during normal working hours.
  • Anyone who fulfills the above requirements can act as a registered agent.
  • Recommended – You should use a professional registered agent in North Dakota always.

Can I Be My Own Registered Agent

Yes, you can be your own registered agent. In fact, any member of the LLC, managers, and the owner can be a registered agent. Besides, someone from the owners’ family, such as a spouse, relatives, or other family members, can also act as a registered agent. As mentioned above, anyone who is representing the business as an agent should fulfill the basic criteria.

Why You Shouldn’t Be Your Own Registered Agent

Many small businesses do not hire a registered agent to save a chunk of money. However, it is not recommended to be your own registered agent. There are a bunch of problems one has to face while being a registered agent of his own LLC. Following are some of the issues you face,

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  • If you are operating your business from home or you are into web business, then your home address will be shared on the public portal. This address will be used for mailing and other official purposes. This will hamper your privacy.
  • A registered agent has to be physically available at the official address during working hours on working days for 52 weeks. Being your own registered agent might restrict your other work due to this.
  • The registered agent’s address must be up to date in the Secretary of State portal.

It is recommended to outsource the registered agent service to ease your work as it protects your privacy, especially if you conduct your business from home. It is always wise to outsource the RA service than be your own registered agent.

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How to Choose a Registered Agent in North Dakota

You can choose a North Dakota Registered Agent in two ways, either you can employ an in-house RA or outsource the service. Another option is to be your own registered agent. However, it is recommended to outsource the service as it is less worrisome and hassle-free.

In-house Registered Agent

As far as the in-house registered agent is concerned, it can be anyone from the LLC, including you, or you can employ an individual for this position. In that case, your office or home address will be the Registered Agent’s office address. Every LLC has to share its principal office address, mailing address, and registered agent’s office address to the state public portal. Hiring a registered agent service will make it easier as you can use the RA’s address as a mailing address.

Outsourcing Registered Agent Service

You may also avail yourself of professional registered agent services. Doing so ensures that you will have the best service provider to represent your business. Following are the best Registered Agent services on our list that will provide you with registered agents to ease your worries.

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$125 Per Year

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Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. If you are forming your LLC from scratch, then with Northwest Registered Agent, you will get the full formation package, including 1-year FREE registered agent service.

What to Consider While Choosing a North Dakota Registered Agent

Here are some factors to consider when choosing a registered agent.

  • Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent typically costs between $99 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
  • Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents. We recommend Registered Agent Services that have been in business for a long time. They are experienced and well capable of handling all your documentation.
  • State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers. Check out the best Registered Agent Services to consider for this job.
  • Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company. Some of the service providers offer this service. Make sure to choose an RA service that includes this service.

How to Appoint a Registered Agent in North Dakota

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At the time of submitting the North Dakota Articles of Organization, the registered agent can be appointed by the LLC. It can be done online or by mail. No additional fee is charged for appointing a Registered Agent. Only the state filing fee should be paid.

Appoint Registered Agent Online

To appoint a registered agent online, you have to go to the North Dakota LLC Online Filing page and provide the information of your Registered Agent accordingly.

Cost of a North Dakota Registered Agent

The cost of having a registered agent can be variable. It depends on whether you are employing an in-house registered agent, being your own agent, or outsourcing the service. The cost of having a registered agent can start from $99 and go up to $300 per year. It will be cost-effective if you outsource the registered agent service in North Dakota.

Registered Agent services that also provide LLC formation packages can provide the same service at a lower price. For example, Northwest Registered Agent offers standalone registered agent service at $125 per year, but if you buy their LLC formation package at $39 + state fees, you will get registered agent service free for 1 year.

How to Change a Registered Agent in North Dakota

To change the North Dakota registered agent, you must file a Change of registered agent or office by entity form. This form can be submitted to the North Dakota Secretary of State via online filing.

File Online

For Online filing, you need to get the online form, which is available on the North Dakota Secretary of State portal. Fill in all the necessary information of LLC as well as current and old registered agents. This form must be completed and signed by the newly appointed registered agent and any authorized member of the LLC. The signature of the new registered agent acts like the consent to be appointed as one. Submit it online.

Fee: $10

How to Pay: The filing amount is payable to the North Dakota secretary of state through a credit card when filing online/by email. For paper filing, you can choose to pay through money order or check.

Why Do LLCs in North Dakota Need a Registered Agent Service

There are several reasons why a business should appoint a registered agent in North Dakota. Some of the most important reasons are listed below,

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  • Confidentiality: Having a registered agent service in North Dakota ensures the complete privacy of your business and related documentation. Appointing a registered agent company instead of an individual gets you privacy and confidentiality contracts beforehand.
  • Up-to-date Compliance: LLCs and corporates have plenty of paperwork and compliances that are to be updated on time. With a registered agent service, you don’t have to worry about those compliances, as your registered agent will maintain a compliance calendar.
  • Privacy: It is mandatory for businesses in North Dakota to publicly upload their address to the North Dakota Secretary of State. If you are using the home address for your business, then it would not be safe to make your private address public. On the other side, appointing a registered agent service will cover you up here as they have to provide their address to the North Dakota SOS and not yours.
  • Availability: Every registered agent has to be available during office hours of work on business days. If you hire a registered agent service, then they can be available at the required time without harming other tasks at the company.
  • Online Safe Backup: Every registered agent in North Dakota or any other state usually takes online backup of all the documents and paperwork. This ensures the LLC papers are securely saved in a central system.
  • Lawsuits or Summons: Getting summoned or involved in a lawsuit does not leave a good impression on the employees. With a registered agent, all the related papers will be delivered to the Registered Agent’s official address. Hence, owners do not have to receive any such papers in their office in front of their employees.

North Dakota Business Laws for Registered Agents to Note

Businesses play a vital part in our lives, whether as an employer or as a producer of the goods and services we rely on, which is why states see it as necessary to regulate businesses and safeguard consumers. 

An LLC’s core member is the registered agent or statutory agent. When incorporating an LLC, it is critical that business owners use the right agent; otherwise, the secretary of state may fine them. Of course, while choosing an agent, they must adhere to state requirements.

North Dakota, like every other state, has its own set of business regulations. North Dakota registered agents’ responsibility is to be there when the government sends legal and tax documents, as well as when lawsuits are filed. Only a state resident would be aware of the rules and be able to provide services within the state. The following are some of North Dakota’s business laws:

North Dakota Deceptive Trade Practices Law

In association with the sale or advertisement of merchandise, the Consumer Protection and Antitrust Division (CPAT) of the North Dakota Attorney General enforces the state’s deceptive trade practices statutes. Consumer fraud cases are investigated and prosecuted by the division, which also resolves individual consumer complaints and informs the public on how to prevent becoming a victim of fraud.

North Dakota Antitrust Laws

The antitrust act of North Dakota is designed to safeguard consumers by forbidding certain mergers and partnerships that decrease competition. The Attorney General’s Office in North Dakota is in charge of civil and criminal enforcement of the state’s antitrust laws, as well as filing civil lawsuits under federal antitrust legislation and conducting merger reviews and other anti-competitive activities.

North Dakota Interest Rate Laws

In the absence of a formal contract, the rate of interest lenders may charge a borrower is limited by North Dakota law. The maximum interest rate that parties can agree on in writing is up to 5.5 percent greater than the average rate of interest on US Treasury bills, but the maximum permissible interest rate must be at a minimum of 7% percent.

North Dakota Civil Statute of Limitations

If you have been hurt as a result of another person’s negligence and intend to sue for damages, you must submit your complaint within the civil statute of limitations. In North Dakota, civil lawsuits have a two- to ten-year statute of limitations, with most civil proceedings having a six-year statute of limitations. Personal injury and injury to personal property litigation are limited to six years, whereas defamation and professional malpractice cases are limited to two years.

How to Remove a Registered Agent for LLC in North Dakota

A registered agent for LLC in North Dakota can be removed by filing a Registered Agent/Office Statement of Change Form with the North Dakota Secretary of State by paying a filing fee of $10.

In order to remove the registered agent of your LLC, you must complete the change of registered agent form and file it with the Secretary of State. You can choose to serve as the registered agent yourself or use the service of an experienced business. In either case, you will need to make sure that the new agent has a North Dakota office address, as well as be available during business hours. It is important to choose a unique name for your LLC, as any similar names are likely to be unavailable for registration. If a new name is already registered, you can use the name as a domain name.

Another option is to disband your LLC. This is usually the best option, but dissolving an LLC is often a messy proposition. You must make sure that you follow the dissolution procedures as set forth in the LLC’s Articles of Organization. If you decide to do so, be sure to notify the North Dakota Secretary of State of the changes. Otherwise, you may end up with a messy situation.

Fortunately, North Dakota’s Secretary of State has an online service where you can manage all of the legal requirements for your business. You can also sign up for their newsletter to stay informed about any new laws regarding businesses and LLCs. By following these steps, you will have the necessary documentation in order to remove your registered agent. You can also avoid having to go to the Secretary of State’s office every time you need to update your information.

While it’s possible to remove your registered agent in North Dakota by making the change yourself, you must know that a business may end up with an administrative dissolution if you do not appoint a new agent. ND law states that an LLC may be administratively disbanded if the registered agent is not replaced within 30 days. You also need to provide additional documentation to the Secretary of State to change your address.

The Secretary of State in North Dakota issues a certificate of existence to an LLC, as well as a stamped copy of the articles of organization. Afterwards, you can use this certificate to apply for business licenses, open a bank account, and obtain an EIN. Once the LLC is registered, you should complete an operating agreement. This agreement sets forth the rules and procedures of your business.

The state of North Dakota requires LLCs to list a registered agent, which is a person whose address is available during business hours. Moreover, the registered agent also serves as an owner’s guide, which makes it necessary to hire a business lawyer who can handle the case. It’s important to remember that state laws are subject to change, and you should always seek the advice of a lawyer before making any changes to your LLC documents.

If you decide to remove your LLC’s registered agent, you must take the proper steps to notify the Secretary of State. This notification isn’t mandatory, but it’s beneficial to all parties involved. Notifying the state about the change of registered agent can save your LLC from penalties. You must also keep in mind that this process can take up to 30 days. It’s best to plan your change in advance, as a delay will make your LLC lose its good standing with the state.

F.A.Q.

Do you need a Registered Agent for your LLC in North Dakota?

All corporations and limited liability companies doing business in North Dakota are required by state law to appoint a North Dakota registered agent. North Dakota registered agents provide a reliable way for the Secretary of State and state courts to contact a corporation or LLC.

Who qualifies to be a Registered Agent?

A registered agent is simply a person or entity appointed to accept service of process and official mail on your company’s behalf who lives in the state of service and is over 18.

Why you should not act as your own Registered Agent?

If you intend to be your own registered agent, you may be forced to use your home address (especially if you run a home-based or web-based business), making the address public for mailing and other official purposes. This might harm your privacy. Hence, it is recommended to outsource the RA service. Also, if you outsource it to professionals, it will be hassle-free.

In Conclusion

Before you choose a registered agent for your North Dakota LLC, compare their price and services from the table. They will be responsible for all your documentation, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.

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