Incorporating a business is essential for entrepreneurs looking to establish their venture as a separate legal entity. By filing Articles of Incorporation, business owners in North Dakota can enjoy myriad benefits, such as limited liability, tax advantages, and increased credibility. However, the incorporation process may seem daunting for many, especially those not well-versed in the legal intricacies of their state. This article is a comprehensive guide on how to file North Dakota Articles of Incorporation, taking you through the necessary steps and requirements to establish your corporation successfully.
Whether you are a startup founder or a seasoned business owner, understanding the process of filing Articles of Incorporation in North Dakota, popularly known as The Peace Garden State, is crucial for the seamless formation of your corporation. The following sections will outline the paperwork, fees, and registration procedures specific to North Dakota, along with tips on navigating potential roadblocks and ensuring your application is approved. Let’s dive in and explore the ins and outs of incorporating your business in North Dakota.
What is Articles of Incorporation in North Dakota?
The Articles of Incorporation is a legal document required to file with the state government to legalize the creation of your corporation. In other words, filing these documents with the North Dakota Secretary of State ensures the formation of the corporation in North Dakota officially. The Articles of Incorporation is similar to filing the North Dakota LLC Articles of Organization while filing an LLC in North Dakota.
North Dakota, also known as The Peace Garden State, has some rules when it comes to file the Articles of Incorporation. We shared the step-by-step process here to file the incorporation document with the North Dakota SOS. Checking with the SOS is recommended for more information.
It is always wise to consult a legal professional before you file your company under the North Dakota SOS. FIling process can be easy, but it is sensitive. If you miss anything, it can totally stope the filing process.
– LLCBuddy Editorial Team
How to File North Dakota Articles of Incorporation
You can file the Articles of Incorporation in several ways based on the state you are willing to start your corporation. In North Dakota, you can file it in two methods, online and by mail. The details are similar to the details you need when forming an LLC. Here are the details you must submit while filing the documents-
Step 1: Get the Form and Enter the Details
The first step is to get the Articles of Incorporation form from the North Dakota Secretary of State. You will get both offline and online forms on the site, as available. You must pay the $100 for online and by mail filing when submitting the form. Following are the details you must add to your incorporation form-
Name of the Entity
The first thing you need to do is submit your company’s name. Make sure to mention the exact name of the company that you decided on. Like the LLC naming guidelines, you must also follow the North Dakota corporation naming requirements too. There are a few points to note when you name your company. They are,
- You cannot have a name used by other companies or businesses.
- You cannot have any name that is misleading or the same as government organizations.
- Banks, Insurance, Insurer, or any such names cannot be used as they reflect the financial organization.
- You must add terms like corporation, limited, company, incorporated, or incorporation. You can also add abbreviations like co., ltd., inc., and corp instead of the above terms.
Address of the Corporation
The next section of the form is to provide your main address. It is necessary to have a physical street address in North Dakota. For those running an online business, you must provide any address in the state (including your home address) where you will receive all the business and legal documents and mail. While sharing your address, make sure not to use abbreviations, such as N.Y. for New York or L.A. for Los Angeles.
North Dakota Registered Agent
The next point is to provide information about the Registered Agent. The North Dakota Registered Agent is an individual or business entity that is responsible for receiving all the legal and official documents on behalf of the company. They must be aged above 18 years and have eligibility to conduct business in the state. The Registered Agent should be legit and experienced because, in case of any lawsuit, you need an expert to handle your issues. In most cases, the Registered Agent’s official address is the company’s official mailing address. If you form an LLC, hiring a registered agent is the most crucial step in the process.
Shares and Stocks
The next important information you must provide is about the stocks and shares. While filing the Articles of Incorporation, you must mention a minimum of one share. In North Dakota, to start a corporation, you need at least Three director(s) initially. When filing the incorporation documents, you must provide the share of directors in the corporation. It decides the ownership of the company.
If you amend North Dakota Articles of Incorporation in the future, you will not be able to change the initial directors. You might need an additional form to change the initial directors’ details. You must check with the North Dakota SOS while filing the Articles of Incorporation amendment.
Additional Documents
You might need additional documents to submit along with the incorporation documents. In North Dakota, you can attach a cover letter with the documents as an additional document. if you are willing to start a foreign corporation in North Dakota, then you must add one document along with the Articles of Incorporation. Foreign corporations in North Dakota must submit the North Dakota Certificate of Good Standing along with the incorporation documents.
Signature
Finally, the signature of the directors and shareholders are required on the form. You can have more than one share and director. All your initial directors must submit their official signature while filing the corporation in North Dakota. Get their signatures to file the Articles of Incorporation.
Step 2: Submit the Articles of Incorporation in North Dakota
Once you are done filling up the form, now it is time for you to submit it. The form can be submitted in two methods, online and by mail. Checking with a legal professional or a formation service while filing your corporation is recommended. It is sensitive, and one mistake can stop the entire filing process immediately.
- Online filing: Create an account/Log in to the SOS site, get the online form, fill it, and submit online
- Offline filing: Send the form by mail to Secretary of State, State of North Dakota, 600 E Boulevard Avenue Dept 108, Bismarck ND 58505-0500
Cost of Filing the Articles of Incorporation in North Dakota
The cost of filing the Articles of Incorporation in North Dakota is an important aspect to consider when starting a new business. This one-time fee is necessary for officially registering your corporation with the Secretary of State and can vary depending on the specific requirements and regulations of North Dakota. In some cases, additional fees may be required for expedited processing or other optional services. It is crucial for entrepreneurs to budget for this expense and research the specific costs associated with their North Dakota in order to ensure a smooth and successful incorporation process. To file the Articles of Incorporation in North Dakota, you must pay a filing fee. The filing fee is $100 for online and by mail filing.
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Why North Dakota Articles of Incorporation is So Important
The importance of the North Dakota Articles of Incorporation cannot be overstated. By filing this document with the state, you are not only complying with legal requirements but also setting the foundation for your business to thrive and succeed. One of the primary advantages of incorporating your business is that it establishes limited liability protection for the owners. This means that the owners are not personally liable for the debts and obligations of the corporation, providing a crucial layer of protection for their personal assets.
Additionally, incorporating your business can also provide tax benefits and opportunities for growth and expansion. By clearly defining the structure of your business in the Articles of Incorporation, you can attract potential investors and partners, demonstrating your professionalism and commitment to the success of your venture. This can also help establish credibility with customers, vendors, and other stakeholders, leading to increased trust and confidence in your business.
Furthermore, the Articles of Incorporation serve as a roadmap for the governance and management of your business. By outlining key details such as the name of your corporation, its purpose, the number and type of shares authorized, and the initial directors, you are creating a framework for making important decisions and setting the direction of your company. This can help prevent misunderstandings and disputes among the owners, ensuring that everyone is on the same page and working towards a common goal.
In addition, filing the Articles of Incorporation can also enhance the overall professionalism and legitimacy of your business. By officially registering your company with the state, you are demonstrating your commitment to following legal requirements and best practices. This can help build trust with customers and partners, making it easier to attract and retain clients and investors.
Overall, the North Dakota Articles of Incorporation play a crucial role in the success of your business. By taking this important step, you are not only complying with legal requirements but also laying the groundwork for growth, protection, and professionalism. Whether you are just starting out or looking to expand an existing business, incorporating your company is a smart and essential step that can set you on the path to success.
Conclusion
In conclusion, the process of filing North Dakota Articles of Incorporation is a crucial step for businesses looking to establish their presence in the state. This legal document serves as the foundation of the company’s structure and outlines essential information, such as the company’s name, purpose, and management team. To ensure a smooth and successful filing process, it is vital for business owners to familiarize themselves with the State of North Dakota’s requirements, adhere to the applicable laws and regulations, and provide accurate and complete information in the Articles of Incorporation.