Forming an LLC in North Dakota requires one to pay a simple set of fees. If you don't have experience in the formation process or aren't even sure what type of documents you need, don't let this put you off. The fact that it's easy to complete is just one of many benefits you stand to enjoy by starting off on your own. But here's the real secret: if you're prepared from the start, incorporating an LLC can be a highly stress-free process.
The first step in Forming an LLC in North Dakota is to decide on a unique name. The ideal name for an LLC is one that is easy to say but hard to misunderstand. Think about how people might spell your ideal name if they had to lookup it via a search engine. For example, "North Dakota Limited Liability Company" would be a more appropriate name than "North Dakota Corporation." In addition to being easier to say, you'll be able to prove it to the court if your business is ever sued.
Next, you will want to open a bank account to keep the funds for your LLC, so you'll need to consult with a licensed North Dakota registered agent (or RRA). A north dakota llc has the same requirements as other states when it comes to opening a bank account, so make sure you're aware of those before you begin Forming an LLC in North Dakota. The process is very similar to opening a traditional bank account.
Starting a Limited Liability Company in North Dakota
Once you've chosen your perfect LLC name, you're ready to file your Articles of Organization with the North Dakota Secretary of State. You must do this through your registered agent - whom you'll have already created - or through a qualified company formation firm, like the one referenced in the paragraph below. There are additional steps required to incorporate a limited liability company in North Dakota, including filing a fictitious name statement, preparing the necessary documents, paying the fees and filing with the court. The documents you'll need to form an LLC include a complete Operating Agreement, bylaws, Memorandum & Articles of Organization, and Annual Reports.
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The next step in the process is to choose your LLC's physical address, which is also known as its registered office. This is where you'll mail your completed Articles of Organization, and it's where you'll mail any tax documents, such as a state financial statement. The address won't change, even if you choose a different street address for your business. But it does allow you to have a permanent mailing address.
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The next step in the chain is to choose a name for your LLC. Your registered agent can help you choose a name for your LLC, and the rules regarding how to choose a name for your LLC vary from state to state. However, in North Dakota, your LLC may be registered with a name that's just one word or a series of words beginning with" LLC." For example, your LLC might be called Smith McCann LLC, or Smith McCann Consulting LLC.
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Once you've chosen your LLC's physical address and registered it, you're ready to file its Articles of Organization. If you're filing electronically, you'll probably want to use the online form. However, if you're filing paper, you'll need to fill out a printed document with the appropriate legal information, title, filing fees, and other information. You'll want to make sure that you completely follow any filing instructions given to you by your registered agent, and always double check your document for errors before signing and date it. Also, make sure that you understand who's designated as your accountant, and get all financial documents in order so your accountant can file your documents. If you forget something, ask for help at the register of deeds office in your county, and be sure to keep track of your LLC's registered agent and of any procedural instructions as your LLC begins operating.
After your paperwork is filed, you'll need to start advertising and marketing your new LLC. The easiest way to do this is through the North Dakota secretary state website. There, you'll find a list of all registered business owners, along with contact information, such as email addresses and websites. Before you publish your LLC's physical address and start marketing and promoting it, though, make sure that you have a valid business license and that you comply with all of your state's legal requirements.
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