North Dakota keeps its company register at the Office of the Secretary of State in the State Capitol in Bismarck. The Business Services team handles formations, annual reports, trade names and certificates. Nearly everything is filed and searched in the FirstStop Portal, and walk-in visitors are welcome during business hours without an appointment.
What trips people up here is the calendar. North Dakota does not use one date for everyone. LLCs report in November, domestic corporations in August, foreign corporations in May, and partnerships and cooperatives in March.
Finding a company in FirstStop
FirstStop has a Business Search and a Trademark Search. Type the company name to see its record. If you want to know whether a name is free, the office points you to this same search, since there is no separate name check tool.
| Official business search | firststop.sos.nd.gov/search (firststop.sos.nd.gov, checked ) |
|---|---|
| You can search by | business name (sos.nd.gov, checked ) |
| Name availability check | firststop.sos.nd.gov/search (sos.nd.gov, checked ) |
If the record shows a status other than active, read the next section before you sign a contract or lend money.
North Dakota status words
A company that has filed its report is Active and in Good Standing. A missed report moves it to Not Good Standing. If the gap lasts 6 to 12 months, the office involuntarily terminates the entity.
| Status shown | What it means |
|---|---|
| Active / Good Standing | Entity is compliant, annual report filed. |
| Not Good Standing | Entity is placed here when the annual report is not filed on time. |
| Involuntarily Terminated | Happens if the past-due annual report is not filed within 6 to 12 months. LLCs and corporations can reinstate within one year by filing the report plus late and reinstatement fees (NDCC). |
Status wording from sos.nd.gov, checked .
An LLC or corporation that was terminated this way has one year to come back. It files the missing report and pays the late fee plus a $135 reinstatement fee.
What North Dakota charges
An LLC costs $135 to register, whether it is formed here or comes from another state. A domestic business corporation pays $100. The office does not sell an expedited service, so the fee you see is the full price of the filing.
| Form an LLC | $135 (sos.nd.gov, checked ) |
|---|---|
| Form a corporation | $100 (sos.nd.gov, checked ) |
| Form a nonprofit | $40 (sos.nd.gov, checked ) |
| Register an out-of-state LLC | $135 (sos.nd.gov, checked ) |
| Reserve a name | $10 (ndlegis.gov, checked ) |
| Annual or biennial report | LLC: $50; corporation: $25 (ndlegis.gov, checked ) |
| Good standing certificate | $20 (sos.nd.gov, checked ) |
Rather not file it yourself? Ask our private filing service about forming or reporting in North Dakota. State fees are separate.
Annual reports by entity type
The LLC report costs $50 and is due November 15. A domestic business corporation pays $25 and files by August 1, while a foreign corporation files by May 15. Farming LLCs and corporations have their own date of April 15.
| Fee | LLC: $50; corporation: $25 (ndlegis.gov, checked ) |
|---|---|
| When it is due | LLC and PLLC: November 15. Domestic business corporation: August 1. Foreign business corporation: May 15. LPs, LLPs and cooperatives: March 31. Farming LLCs and corporations: April 15. (sos.nd.gov, checked ) |
| If you file late | LLC: $50 late fee after the due date; reinstatement after termination $135. Corporation: $20 within 90 days after the due date, $60 after that; reinstatement $135 after involuntary dissolution. Nonprofit late fee $5 (per SOS snippet). Entity goes to Not Good Standing, then involuntarily terminated if past-due report not filed in 6 to 12 months. (ndlegis.gov, checked ) |
| Where to file | firststop.sos.nd.gov (sos.nd.gov, checked ) |
| Processing time | Most annual reports are filed as soon as they are received. (sos.nd.gov, checked ) |
Late fees differ too. An LLC adds $50 after its due date. A corporation adds $20 if it files within 90 days of the deadline and $60 after that. See our table of annual report deadlines by state if you run companies in more than one place.
Name rules in North Dakota
An LLC name must include "limited liability company", LLC or L.L.C. A corporation uses company, corporation or limited, or a short form such as Inc., Corp. or Co. The test is whether the name is distinguishable on the record from names already filed, including registered trade names.
| LLC name must include | limited liability company, LLC, L.L.C. (sos.nd.gov, checked ) |
|---|---|
| Corporation name must include | company, corporation, incorporated, limited, or an abbreviation of one or more (sos.nd.gov, checked ) |
| Words that are limited | Bank, banker, banking, trust, trust company and similar words need written approval from the ND Department of Financial Institutions. (sos.nd.gov, checked ) |
| How different a name must be | North Dakota uses a 'distinguishable on record' standard under North Dakota Administrative Code ch. 72-03-02. (sos.nd.gov, checked ) |
| Reservation fee | $10 (ndlegis.gov, checked ) |
| Reservation lasts | 12 months, renewable for successive 12-month periods (NDCC 10-32.1-12, 10-19.1-14) (ndlegis.gov, checked ) |
| Reservation form | firststop.sos.nd.gov (sos.nd.gov, checked ) |
Words like bank, banking or trust company need written approval from the North Dakota Department of Financial Institutions first. A reservation costs $10 and holds the name for 12 months, with renewals for further 12 month periods.
Registered agent in North Dakota
Most business types must keep a registered agent with a physical address in North Dakota. A business cannot act as its own agent. A noncommercial agent must be a North Dakota resident or a registered entity with an office in the state.
Most business types must keep a registered agent with a physical North Dakota address. A business cannot be its own agent. A noncommercial agent must be a North Dakota resident individual or a registered entity with a ND office. (sos.nd.gov, checked )
If you need to switch agents, our steps for changing a registered agent set out the order to follow.
North Dakota certificate of good standing
The office issues a Certificate of Good Standing for $20 to business structures and $15 for trade names and fictitious partnership names. You order it with the Request Certificate form in FirstStop.
| What the state calls it | Certificate of Good Standing (sos.nd.gov, checked ) |
|---|---|
| Fee | $20 (sos.nd.gov, checked ) |
| Where to order | firststop.sos.nd.gov (sos.nd.gov, checked ) |
Trade names
A trade name is registered with the Secretary of State under the state's trade name law. The first registration costs $25, as does an assignment. Consent to use a similar name costs $10.
North Dakota Secretary of State registers trade names (NDCC ch. 47-25). Fee $25 for original registration, $25 for assignment, $10 for a consent to use a similar name. (ndlegis.gov, checked )
Contact the North Dakota Secretary of State
| Office | North Dakota Office of the Secretary of State (sos.nd.gov, checked ) |
|---|---|
| Division | Business Services (sos.nd.gov, checked ) |
| Officeholder | Michael Howe (sos.nd.gov, checked ) |
| Phone | 701-328-2900 (sos.nd.gov, checked ) |
| Mailing address | 600 E. Boulevard Ave. Dept 108, Bismarck, ND 58505 (sos.nd.gov, checked ) |
| Street address | 600 E. Boulevard Ave., Bismarck, ND 58505 (sos.nd.gov, checked ) |
| Contact page | sos.nd.gov/contact (sos.nd.gov, checked ) |
The office does not publish its hours, so call ahead before you drive to Bismarck. Out of state callers can use the toll free line, 800-352-0867.
Sources
- www.sos.nd.gov/contact: office name, division, mailing address, street address, phone, contact page. Checked .
- www.sos.nd.gov/about-office: officeholder. Checked .
- firststop.sos.nd.gov/search: business search. Checked .
- www.sos.nd.gov/business/business-services/register-business: search fields, name check, restricted words, name rule. Checked .
- www.sos.nd.gov/business/business-services/business-structures/limited-liability-company-llc: LLC name endings, LLC filing fee, foreign LLC fee. Checked .
- www.sos.nd.gov/business/business-services/business-structures/corporation: corporation name endings, corporation filing fee. Checked .
- ndlegis.gov/cencode/t10c32-1.pdf: name reservation fee, name reservation term, report fee, late penalty. Checked .
- www.sos.nd.gov/business/business-services/start-business: name reservation form. Checked .
- www.sos.nd.gov/business/nonprofit-services/register-nonprofit/north-dakota-nonprofit: nonprofit filing fee. Checked .
- www.sos.nd.gov/business/business-services/maintain-registration: report due date, good standing certificate, certificate fee, certificate ordering, status terms. Checked .
- www.sos.nd.gov/business/business-services: online filing. Checked .
- www.sos.nd.gov/sites/www/files/documents/news/secretary-warns-misleading-annual-report-letters.pdf: processing time. Checked .
- www.sos.nd.gov/business/business-services/registered-agents: registered agent rule. Checked .
- ndlegis.gov/cencode/t47c25.pdf: assumed names (DBA). Checked .