North Dakota foreign LLC registration: the fee, the portal and the dates

An LLC formed in another state registers before it transacts business in North Dakota. The Secretary of State lists the signs of transacting business as a store, office or shop in the state; employees working in the state; a liability to collect sales tax; a need for a license or permit; a state contract awarded after a successful bid. A short list of activities does not count, such as bank accounts, internal meetings and defending a lawsuit. The transacting business page sorts real situations into each side.

The statute asks for the application on the state form, the fee, and a certificate of good standing or existence authenticated by the officer who keeps records where the LLC was formed. Order it shortly before you file, since a certificate that was issued long ago says little about today. What it costs depends on the home state.

Every foreign LLC authorized here keeps a registered agent and office in the state. The LLC cannot be its own agent, though an individual from the company who lives in North Dakota can serve. The agent must have agreed to the role before being named. The agent page lists who qualifies and what a change costs.

Some LLCs have added steps. One that practices a licensed profession must show that the North Dakota licensing board has certified its practicing members and staff. A farm or ranch LLC adds disclosures to its application and is limited to 15 members. Tell us at the start if your LLC is one of these, because the standard questionnaire does not cover them.

Doing business here with no valid certificate can bring an LLC a civil penalty of up to $5,000, and up to $1,000 for each individual who directs the business. The Attorney General sues in Burleigh County, and a court order must also halt the business until the penalties, interest and costs are cleared. The penalties page sets out the full picture.

An LLC ends its authority by applying for withdrawal, which costs $20. The application says the company has ceased doing business here, surrenders its authority and gives an address for process. Simply stopping work does not end the report duty. See the withdrawal page.

Once the certificate issues, the LLC may operate in North Dakota and may apply for licenses and permits that depend on registration. The Secretary of State files the application with the home certificate and issues the certificate to the LLC or its representative. Banks, landlords and state agencies sometimes ask to see it.

North Dakota has warned about third-party letters that resemble a bill and press for large fees to file annual reports. The report is a simple online filing that the LLC can make itself for $50. If you hire anyone to file it, check the amount against the state's.

Some owners register themselves, and the self-filing steps are written for them. Others hand over the questionnaire. We prepare the application, check the certificate and agent against the statute, file through the portal and send the record. Our charge is $199, with the state fee as a separate line.