The North Dakota LLC Articles of Organization is a crucial legal document required to formally establish your limited liability company in the state, and understanding its purpose is essential for any aspiring business owner in North Dakota. Discover the key steps and information you need to know in order to successfully file your Articles of Organization and kickstart your business journey.
Forming a limited liability company (LLC) in North Dakota takes some work. To start, you need to complete and file Articles of Organization with the North Dakota Secretary of State’s office. This document creates a separate legal entity and gives your LLC certain rights and privileges.
If you’re ready to become a business owner, let us help! We can quickly have you up and running with our North Dakota LLC Formation Service.
To learn more about the process of filing Articles of Organization in North Dakota, follow our guide below.
In this multi-step process, it’s essential to provide accurate information as you complete your State of North Dakota Articles of Organization. Below, we explain what you need to include in your formation documents.
An LLC’s name needs to meet specific requirements under the Uniform Limited Liability Company Act. The business name must:
Your LLC must have a main office address. If there’s no physical office for your business, you can use the address of one of the LLC officers or members. Post office boxes aren’t acceptable.
A registered agent is the official point of contact for an LLC. This person or entity is responsible for receiving all legal documents on behalf of the company. Check out our Registered Agent Service, where we can secure a registered agent for your LLC.
You have the option to choose when your LLC officially comes into existence. It can be the date you file your Articles of Organization or a different date. Keep in mind the effective date can’t be more than 90 days from when you submit your Articles of Organization.
Some LLCs exist only for a certain period. If you want your company to exist perpetually or indefinitely, then there’s nothing to do. Alternatively, you can provide a number of years for the life of your entity or a specific date that you want the LLC to terminate.
You can organize an LLC for any lawful purpose. However, you can choose to provide a specific purpose for which the LLC exists. The default language in the Articles of Organization form is “general business purposes.” North Dakota restricts any general business LLC from engaging in banking, farming, ranching, or insurance as a company that backs claims. There are separate forms for these types of LLCs.
If the Articles of Organization leave out something you wish to include, then you can provide it in a separate statement.
All North Dakota LLCs must have at least one organizer. This person forms the company by filing the Articles of Organization. Organizers can be any person at least 18 years of age.
The Secretary of State encourages users to file Articles of Organization online using their FirstStop filing system. They prefer not to accept documents via mail, fax, or in person.
Once you file the Articles of Organization for your LLC in North Dakota, there are a few more things to do to keep the business running smoothly.
An Operating Agreement is a governing document for an LLC. It sets the rules for how the LLC runs, relations between members and the LLC, activities of the company, and rights and responsibilities of LLC managers.
Without an Operating Agreement, North Dakota law governs. But because these rules are generic and not written specifically for your enterprise, following the state default rules doesn’t always produce an ideal outcome. It’s best to create your own detailed Operating Agreement.
We can provide an Operating Agreement Template, so you have a starting point.
Most businesses need an Employer Identification Number (EIN). This nine-digit number is like a social security number for your LLC. It’s necessary for many things, including opening a bank account, hiring employees, getting an insurance policy, and applying for a business loan.
An EIN also offers protection. Having one allows you to keep your personal and business information separate.
You can get an EIN through the IRS’s website, or you can let us handle it for you with our Employer ID Number Service. We can take care of this administrative task while you focus on other things.
Starting, running, and growing a business takes a lot of work. Let us help. With the ZenBusiness Money App, we simplify your finances by allowing you to manage your money in one place. We also offer a Worry-Free Compliance Service that will help keep you on top of state filing requirements.
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To amend Articles of Organization in North Dakota, you need to complete Articles of Amendment and file them with the Secretary of State. Your amendment won’t be processed unless you provide the appropriate filing fee.
Once you complete the Articles of Dissolution, you’ll need to file them with the Secretary of State. Your articles must include the name of the LLC, the date of organization, the EIN, the signature of an organizer, and a filing fee. You can file this paperwork in person, by mail, or by fax.
To start a North Dakota corporation, you need to submit Articles of Incorporation to the Secretary of State. We offer a North Dakota Corporation Formation Service so that you can form your business online quickly.
You don’t need a lawyer to form an LLC in North Dakota. However, the North Dakota Secretary of State’s office can only answer general questions about starting a business. If you have more specific questions about North Dakota’s business laws, you’ll need to speak with a lawyer.
Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
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