Form an LLC in North Dakota with Inc Authority for Free

The first step toward starting any successful business is to come up with a feasible business idea and make a business plan for how to succeed. Do some brainstorming and find a business idea that utilizes your skills and can be profitable.

Then, conduct thorough market research to understand the market dynamics and level of competition. Based on your research, make a comprehensive business plan that details your go-to-market strategy and how you plan to succeed.

With that out of the way, you can now start the actual LLC formation process in North Dakota. This starts with selecting a name for your new business, which not only represents your business but is easy to spell and remember.

Most importantly, your chosen LLC name should be unique and should not be used by any other business. To ensure this, you’ll need to check the state’s business database. Lastly, follow the state’s naming guidelines and ensure you comply with them.

In case you’ve chosen a business name but are not yet ready to register your business, you should consider reserving that name. This can be done by filing a business name reservation application online via the state’s FirstStop Portal.

Unlike other states, where names can be reserved for up to 120 days, North Dakota allows you to reserve a business name for up to one year. This gives you a lot more time to prepare. The filing fee for the same is a nominal $10.

If you want to run a successful business in today’s digital era, you will need to create a business website. You will need a domain name for that, which should match your business name, either the official one or the assumed name (if any).

That’s why it’s prudent to reserve a domain name that represents your business and will be perfect for your business website. You can check any domain registrar and buy a domain name that suits your requirements and fits your budget.

A resident agent or registered agent is an individual or organization that willingly takes the responsibility of receiving legal correspondence on behalf of a business. Though it’s not mandatory in many states, North Dakota requires LLCs to have one.

The agent must be someone with a physical address within the state. They should be available at all times during normal business hours at the registered address to receive any legal notices or business correspondence sent to a business.

There are four types of LLCs you can form in North Dakota, depending on your type of business and industry. The options include business LLC, professional limited liability company, farming and ranching LLC, and authorized livestock farm LLC.

Apart from this, you also need to consider whether you need to form a domestic LLC or a foreign LLC in North Dakota. The former is suited if you’re establishing a new business, while the latter is required if you’re expanding an existing business.

An LLC operating agreement is a document that LLC members prepare after mutual agreement and in-depth discussions. It contains the rules and policies for how the LLC will be managed and run on a day-to-day basis and in the long term.

It contains detailed procedures for members’ roles and rights, strategic decision-making processes, conflict resolution among members, succession planning, and more. Basically, it is a guidelines document that helps avoid conflict and manage the LLC.

This is the most important step in the process as it legally establishes your business entity. You need to file your LLC articles of organization with the Secretary of State in North Dakota either online or through various offline filing channels.

As mentioned, the state filing fee for registering any type of LLC in North Dakota is $135, which is neither too expensive nor too cheap. In case you want to make any amendment to your articles of organization later, it will cost you just $50.

Even after your LLC is legally registered, you need to complete a few steps before you start operations. One such step is getting an employer identification number (EIN) or Tax ID for your business, as you’ll need it for tax filing and other purposes.

You will need to file an application at the federal level to get one. An EIN is what the Internal Revenue Service (IRS) uses to identify businesses for tax purposes. It’s also useful for opening a business bank account and getting business funding.

An LLC in North Dakota is considered a legal entity that’s distinct from its members and has legal rights and privileges. This allows you to create a bank account in the name of your new LLC in North Dakota, instead of using your personal bank account.

This is great for separating your finances from business finances, which comes in handy when filing taxes. It also safeguards your personal income and assets from being seized in case the business fails to pay its debts and accumulates several liabilities.

Even after officially registering your LLC in North Dakota, you can’t start operations until you get all the necessary permits you need to run your business. These permits and licenses will depend on the type of business you run and your business location.

You might need licenses at county, state, and federal levels, so find out the requirements and obtain all the required ones. Once you have all the necessary permits to run your business in North Dakota, you can then start your operations.

By now, your LLC in North Dakota would be formed and ready for operation. However, there are still some optional steps you should complete. You need to decide whether you want to go with the default tax structure or opt for a different one.

By default, an LLC in North Dakota is treated as a pass-through entity for tax purposes, so it doesn’t pay corporate taxes. However, if you want your LLC to be treated as an S-corporation or a C-corporation for tax purposes, then that’s also possible.

A Doing Business As is filed to register an assumed name or fictitious name for a business. You can use this name for day-to-day business operations and marketing and branding purposes. This name should be short, catchy, and memorable.

Since North Dakota requires you to add words like “LLC” and “limited liability” to your LLC name, it can get long and not good enough for marketing purposes. That’s where an assumed name comes into play, as it’s more marketable and memorable.

A trademark is used to protect your brand or brand elements from being used by other businesses. This is a completely optional step, but we recommend that you get one if you have unique and distinct brand elements that you want to protect.

Any unique design, logo, symbol, tagline, or any other brand element can be trademarked, which prevents it from being used by any other business. You can use North Dakota’s FirstStop Portal to register this online for a nominal fee.

Lastly, and most importantly, you should comply with the state’s policies and stay in good standing with the state of North Dakota. Not doing so will cause your business to face penalties, not to mention, damage your business reputation.

The two most important ongoing obligations are filing your personal taxes and annual reports. Make sure to meet the deadlines for both and hire a professional if you need help with either. Also, find out other requirements and comply with them.

Here are the features you’ll get with this plan:

• LLC formation: Get professional LLC formation services where a team of experts will review your application and help you ensure 100% accuracy. They will also fill out and file your application with the Secretary of State.
• S-corp registration: If you want to convert your LLC into an S-corp for tax reasons, then Inc Authority will assist you with that. Its team will take care of the application process end-to-end, from application review to filing.
• Unique LLC name search: Search for your chosen LLC name using Inc Authority’s free tool to find any matches in the state’s business database. If there are no matches, the name is unique and available for use within the state.
• Free registered agent services: Even if you choose the free plan, you’ll get complimentary registered agent services for one year. Inc Authority will connect you with a North Dakota registered agent best suited to your business needs.
• Digital document management: With any of Inc Authority’s plans, you get free online storage for business documents. This allows you to safely maintain important documents and access them from anywhere, anytime.
• Quick tax consultation: Have a tax specialist answer all your tax-related questions and guide you on how to maximize tax savings. This will be a brief consultation, so be prepared with all your questions on tax planning. 
• Business funding analysis: Let an expert analyze your company’s short-term funding needs and suggest the best ways to secure funding. They will also help you find secure and trusted sources of short-term business financing.

If you want a simple, no-fuss LLC formation service, then this is the plan for you.

Price: Free

You’ll get the following services, in addition to what you get with the free plan:

• LLC operating agreement: Inc Authority provides templates that you can use to create a comprehensive operating agreement. Its team will also help you draft the agreement in a way that ensures you cover all important aspects.
• Tax ID or EIN Application: If you need help filing for an EIN at the federal level, then this plan is perfect for you. With this plan, you will get end-to-end assistance in filling out and filing your application to get an EIN.
• Business forms and documents: One of the benefits of choosing this plan is that you get tons of templates for preparing different business documents. From agreements to contracts, you’ll find templates for everything.
• Comprehensive tax consultation: Unlike the short advisory session that free plan members get, this one is more detailed. Tax specialists will work with you dedicatedly to help you plan and file your personal tax returns.
• Web domain name: If you plan to start a business website, you’ll need a relevant domain name, and Inc Authority can help you acquire one. With this plan, you will also get five business email addresses completely free.

This is a great plan for those who want additional services like EIN filing and document preparation, but don’t want to pay a premium for personalized or priority service.

Price: Custom

You’ll get the following, in addition to what you get with the previous plan:

• Dedicated customer success advisor: This plan provides more personalized services, so it’s no wonder you get a dedicated customer success manager. They’ll act as your main point of contact for anything related to Inc Authority and will help you make the best use of the company’s various services.
• Private banking specialist: You will be assigned a private banker who will help you out with all your business banking needs. From informing you about your business banking needs and types of banking accounts to suggesting the best banks and accounts, they will help you through the entire process.

• Personalized business advisory: If you’re a first-time business owner, then you’ll need all the help you can get to launch and grow your business. Inc Authority will provide you access to a team of business advisors who will guide you on various aspects of running a successful business in North Dakota.
• Expedited preparation & filing: Lastly, but most importantly, clients on this plan get the top priority on all things. As such, your LLC application or any other filing will be treated as the top priority and filed within the same day. This is a huge advantage for those who want to get an LLC up and running quickly.