North Dakota, like every other state, has unique requirements for forming an LLC (Limited Liability Company). Understanding what is required in North Dakota will take any surprises out of the formation process.
Naming your ND LLC
Your LLC’s name must contain “Limited Liability Company," "LLC" or "L.L.C." It may not contain words implying the LLC is incorporated for a purpose other than that outlined in the Articles of Organization. The name may not be the same as or deceptively similar to the name (in use or registered) of a domestic or foreign LLC, corporation, limited partnership, reserved name, registered fictitious name, or trade name unless consent is given.
Member/Manager information
The following are North Dakota’s requirements for the members and managers of LLCs:
- Minimum number. LLCs must have one or more members.
- Residence requirements. North Dakota does not have a provision specifying where members or managers must reside.
- Age requirements. North Dakota does not have age requirements.
- Inclusion in the Articles of Organization. Member/Manager names and addresses are not required to be listed in the Articles of Organization.
Requirements for the Articles of Organization
You form an LLC in North Dakota by filing Articles of Organization and paying the required fee. In North Dakota, the default term of existence for an LLC is perpetual, but you may indicate a different term in the Articles. You may also indicate a specific purpose, rather, than the default general one.
Registered Agent
You must list the name of your Registered Agent. The Registered Agent must have a physical address (no post office boxes) in North Dakota. Your agent must be available during normal business hours to accept Service of Process and other important legal and tax documents for the business.
Professional services businesses
North Dakota allows professionals, such as accountants, attorneys, and physicians, to form a professional limited liability company (PLLC).