Start a Business in North Dakota

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This guide on starting your business in North Dakota provides step-by-step instructions on the paperwork to file formation documents, obtain tax IDs, and set up company records.

how to start a business

Step-By-Step Startup

Below is an overview of the paperwork, cost, and time to form each of the most popular business structures. Simply click on the link for your desired structure to view detailed step-by-step instructions.

  • If you have not decided whether you want to form an LLC, corporation, or other business structure, click here.
  • If wish to form your business in a different state than North Dakota, click here.
Structure Paperwork Cost Time

North Dakota Limited Liability Company

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  • Form SFN-58701: North Dakota Business or Farming Limited Liability Company
  • Operating Agreement
  • IRS Form SS-4: Obtain an EIN
  • Formation: $135
  • Formation: ~30 days. No expedite options available.

North Dakota Corporation

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  • Form SFN-16812: North Dakota Business or Farming Corporation Articles of Incorporation
  • Bylaws
  • IRS Form SS-4: Obtain an EIN
  • Form 2553: S-Corp Election, if desired
  • Incorporation: $100
  • Incorporation: ~30 days. No expedite options available.

North Dakota Nonprofit

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  • Form SFN-13003: North Dakota Nonprofit Corporation Articles of Incorporation
  • Bylaws
  • IRS Form SS-4: Apply for EIN
  • IRS Form 1023: Application for 501(c)(3) Exemption
  • IRS Determination Letter
  • Form ACD-31015: Application for Business Tax Identification Number
  • Form ACD-31050: Application for Nontaxable Transaction Certificates
  • URS Charitable Registration, if applicable
  • Form SFN-11300: Charitable Organization Registration Statement
  • Incorporation: $40
  • 501(c): $275 or $600 IRS fee
  • North Dakota charitable registration: $25
  • Incorporation: ~30 days. No expedite options available.
  • 501(c): 2 weeks to 3 months

Top 5 Tips on Registering a Business in North Dakota

  1. There are no expedite options - formation with the North Dakota Secretary of State will take ~30 days to process.
  2. In North Dakota, a general business state tax registration is not required. Simply register for applicable state taxes with the North Dakota Office of State Tax Commissioner.
  3. Prior to the organizational meeting of a corporation, attendees must receive a minimum of three day's notice.
  4. Both corporations and LLCs must file annual reports with the North Dakota Secretary of State. The form is mailed to your registered agent, serving as a reminder.
  5. The fees to form and maintain an LLC or corporation in North Dakota are all very reasonable. (You're in luck!) By contrast, some states charge $500+ in annual fees. Anticipate that when your business expands to a new state, the registration process will be more complicated and costly.
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