North Dakota Foreign LLC – Qualification and Registration


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If you already have an LLC in another state and want a North Dakota LLC, then starting an LLC would be somewhat different. You must register as a foreign LLC. We have here a guide on how you can qualify and register for a foreign LLC in North Dakota

Forming a North Dakota Foreign LLC

A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. To start a foreign LLC in North Dakota, you need to register it with the North Dakota Secretary of State.

Step 1: Choose North Dakota Foreign LLC Name

Obtain a name reservation certificate and submit it with your foreign qualification requirements at the North Dakota Secretary of State. Your LLC’s legal name outside of North Dakota will be listed on the application, along with the name it will use in North Dakota. Take note of the requirements for naming your LLC

Check name availability at North Dakota’s business entity names and reserve your LLC name.

Step 2: Select North Dakota Foreign LLC Registered Agent

You’ll need a registered agent to form a foreign LLC in North Dakota and take note that a North Dakota registered agent must have a local address. Here are three of the best LLC services on our list that will provide you with registered agents to ease your worries: 

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Step 3: File Registration of North Dakota Foreign LLC 

Fill out and submit a Foreign LLC Application for a Registration form on their online services site.

Include the following:

  • LLC’s full legal name. 
  • A fictitious name or a DBA (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.
  • LLC’s principal office and mailing addresses.
  • LLC formation state and date.
  • Registered agent’s name and address in North Dakota
  • Date when your LLC will start operations in North Dakota.
  • Credit card information on the last page of the form for the $150 application fee. 

The LLC cost in North Dakota, even for foreign LLCs will differ between online filing and by mail.

Step 4: Determine How Your North Dakota Foreign LLC is taxed

Foreign LLCs are also subjected to the North Dakota Business Privilege Tax, and they must file LLC annual reports each year.

Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.

After Forming North Dakota Foreign LLC

Here are added things you need to accomplish after forming your North Dakota Foreign LLC

  1. Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search.
  2. File LLC annual reports and Business Privilege Tax.
  3. Pay State Taxes like sales tax; you’ll need an EIN for your LLC

It is convenient plus easy to file for the foreign LLC if you are doing it online. The steps are very easy and that’s why it’s possible to go along with the steps and form the foreign LLC in North Dakota. 

Steps to Register your North Dakota Foreign LLC Online

Time needed: 5 minutes.

To set up your foreign LLC in the State of North Dakota, you are required to apply for the Certificate of Authority with the Secretary of State office. The filing fee for the Certificate of Authority for a foreign LLC is $135.00. After approval from the State authorities, you will receive a Certified Copy of your Registration. We have explained the aspects you need to cover when you apply for North Dakota Foreign LLC.

  1. Visit the Official website of the Secretary of State of North Dakota

    Go to the SOS Business page on the North Dakota Secretary of State website. The platform provides convenient and easy filing options and online business services. On the page, scroll to the heading of ‘Limited Liability Companies’ and click on the “Foreign Business Limited Liability Company Certificate of Authority Application”. Next, a dialogue box appears. Click on the ‘File Online’ tab.

  2. Log in to your Account

    If you already have an account on the portal, proceed to enter your login credentials and click on the ‘Login’ tab. If you do not have an account, read the next step to create an account on the portal.

  3. Create your account

    On the login page, select your choice of account, either a personal account or a business account. Accordingly, proceed to fill in the required details on the Create Account page, such as User ID, password, Personal information/ Business information, and security questions. Select all the terms and conditions on the page and click on the ‘Create Account’ tab.

  4. Proceed to complete your application

    After creating your account on the portal, log in to your account. Next, access the user homepage and select the relevant option to proceed with business filings. Follow the instructions and guidelines and fill out the application form.

  5. Review the form

    Before proceeding to make the payment, review the information entered by you thoroughly. All the information should be correct and accurate.

  6. Make the payment

    Proceed to the payment gateway page and pay $135.00 as the filing fee for your North Dakota Foreign LLC Certificate of Authority Application. After making the payment, you will receive a notification from the State office confirming your application submission to the State.

The North Dakota Secretary of State does not offer offline filing options.

How Much Does It Cost to Register a Foreign LLC in North Dakota

To register as a foreign LLC in North Dakota, you can file through mail by paying a filing fee of $135 to the North Dakota Secretary of State.

If you want to expand your business beyond North Dakota, you may need to form a foreign limited liability company (LLC) in order to be qualified to do so. While it is simple to form a foreign LLC, there are some additional requirements and fees that you will need to pay.

Foreign LLCs must first register with the Secretary of State, which includes paying a registration fee of $135. However, you can save money by filing your articles of organization online. You will also need to make sure that your LLC is in good standing with the state. A certificate of existence is required as well. Once you have registered your LLC, you must file an annual report with the Secretary of State. This report is due November 15 every year.

Another requirement is to have a Registered Agent, which is required by law. Having a Registered Agent is important for any LLC. He or she is responsible for forwarding all official correspondence to you. The registered agent’s job is to ensure that you are always in compliance with the laws of the state. There are a few options for a Registered Agent, such as a professional agency, an individual, or a corporation.

You should consider hiring a Registered Agent to handle all of the day-to-day tasks associated with running an LLC. This service will keep you up to date on critical deadlines and inform you of what you need to do in order to avoid late penalties. Often, businesses will pay a small fee to hire an agent.

After you have filed your documents with the Secretary of State, you can obtain your Certificate of Good Standing. The certificate of good standing is a document that shows that your business is in compliance with the laws of the state. It can be obtained by ordering it online for $25, or you can call the office and have one mailed to you.

You will need to have a trade name registered as well. In order to do this, you will need to provide a sample of your proposed mark. The trade mark is valid for 10 years. You must be certain that your trade name does not resemble the name of another LLC that is already registered with the state. If your trade name is approved, you will receive a Certificate of Registration.

An operating agreement is a document that outlines the duties of each member of your LLC. It will include the distribution of profits and losses and the management structure of the business. Having an operating agreement is a good idea, as it will help you in any disputes that arise.

Generally, you will be required to pay taxes on your income. Unless you are a self-employed person, you will have to pay federal and state taxes, as well as payroll and sales taxes. Additionally, your LLC will be required to pay self-employment tax.

You should also check the website for the state you are registering your business in. Depending on the state, you may be required to pay additional fees. Fortunately, you can often deduct the cost of formation as startup expenses on your federal income tax return.

F.A.Qs

What is a foreign LLC in North Dakota?

If your LLC is formed under the laws of another state, it is referred to as a foreign LLC in North Dakota.

Do I need a foreign LLC?

Businesses incorporated outside of the state where they operate must have “foreign qualifications” issued in the other states.

What is the main difference between domestic and foreign LLC?

A domestic LLC is a company registered in North Dakota as an LLC. The entity type that has a physical presence in another state is a foreign LLC.

In Conclusion

Starting a foreign LLC in North Dakota does not require a lot of documentation or tasks. However, it is always good to seek help from a professional when it comes to running your business. Get a professional registered agent and form your foreign LLC anywhere without a hassle.

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