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How to Start an LLC in North Dakota

Fee, timeline, and tax basics for a North Dakota LLC.

How Is an LLC Taxed in North Dakota?

A North Dakota LLC is not taxed differently than a sole proprietorship by default; profit simply passes through to your personal return. Any savings come later from an S-corp election once your North Dakota LLC is consistently profitable enough to justify the extra payroll work.

North Dakota Filing Fee and Timeline

North Dakota charges $135 to file the Articles of Organization, on the pricier side compared with most other states. Processing time depends on how North Dakota is running that week and whether you file online or mail it in; check the North Dakota Secretary of State site for the current estimate before you plan around it. On the ongoing side, North Dakota charges a moderate recurring fee that is easy to plan around ($50).

Steps to Start an LLC in North Dakota

  1. Check name availability with North Dakota's business filing office before you file anything.
  2. Designate a registered agent with a North Dakota street address, not a P.O. box.
  3. File the Articles of Organization and pay the $135 fee to North Dakota.
  4. Put an operating agreement in writing, even for a single-member North Dakota LLC.
  5. Request a free EIN online from the IRS once your North Dakota LLC is on file.
  6. Open a business bank account so your North Dakota LLC's finances stay separate from your own.

North Dakota LLC Results

Between the $135 filing fee and an optional registered-agent service, most North Dakota LLC owners have a clear first-year number well before they file anything. Use the LLC cost calculator to estimate what you'll actually pay in year one for North Dakota, then check the sole proprietor comparison to weigh LLC costs against sole-proprietor simplicity.

North Dakota LLC Details

Filing documentArticles of Organization
State filing fee$135
Recurring report fee$50

North Dakota publishes these figures directly; they are current for 2026 but worth double checking before you file, since fees can change.

North Dakota LLC FAQs

How long does it take North Dakota to process an LLC filing?

Processing time depends on North Dakota's current workload and whether you file online or by mail; the North Dakota Secretary of State's site lists current turnaround times, since they change throughout the year.

What happens if I never file an operating agreement in North Dakota?

North Dakota does not require you to file an operating agreement with the state, but skipping one leaves your LLC governed by North Dakota's default LLC statute, which may not match how you actually want to run the business.

How much does it cost to start an LLC in North Dakota?

North Dakota charges $135 to file the Articles of Organization, which is on the pricier side compared with most other states. After that, North Dakota charges a moderate recurring fee that is easy to plan around; use the LLC cost calculator for your full first-year number.

Do I need a lawyer to start an LLC in North Dakota?

No. Most people file the Articles of Organization themselves directly with North Dakota's Secretary of State. A lawyer can help with a custom operating agreement for a North Dakota LLC or a more complex ownership setup, but North Dakota does not require one to form the LLC itself.

Does North Dakota require a separate annual or biennial report fee?

North Dakota charges a moderate recurring fee that is easy to plan around, currently $50 on the recurring schedule the state sets, on top of the original filing fee.

Beyond North Dakota: the 7-step national walkthrough that applies no matter which state you file in. North Dakota's fees are current for 2026; always verify with the North Dakota Secretary of State before you file.
Priya Raman
About the author
Priya Raman

Contributing Writer, Policy & Regulation, Encore Editorial

Priya covers tax, regulation, and compliance: the rules that decide what you can and cannot do, usually filed in an obscure subsection that most people skip. She reads federal register notices in her spare time and is at peace with that being unusual.