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.

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.

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.

Since every state in the United States has its own set of regulations and fee structures, it is crucial to familiarize oneself with North Dakota’s specific requirements when considering setting up a foreign LLC. In the context of registering a foreign LLC, it is important to note that the term “foreign” here refers to an LLC formed in a state other than North Dakota.

One of the primary costs associated with establishing a foreign LLC in North Dakota is the filing fee. As of [year], the filing fee for registering a foreign LLC in North Dakota stands at [amount], which covers the submission of the necessary paperwork and documents. This fee, like many administrative costs, is subject to change and potential periodic adjustments, so it is essential to verify the current fee when initiating the registration process.

Additionally, upon registering a foreign LLC, it is likely that the business entity will require a Registered Agent in North Dakota. A Registered Agent is an individual or entity designated to receive legal and official documents on behalf of the LLC. It may be an attorney, an individual within the organization, or even a specialized company offering Registered Agent services. While the cost of a Registered Agent in North Dakota varies, it is advisable to budget for this essential service when calculating the overall expenses for registering a foreign LLC.

In addition to the filing fee and Registered Agent requirement, foreign LLCs in North Dakota may incur additional costs for obtaining necessary licenses and permits. Depending on the industry and the nature of the business, certain licenses or permits may be required before commencing operations within the state. The cost of these licenses can vary significantly, depending on the type of business activities and specific regulatory demands. Business owners should conduct thorough research or seek legal advice to determine if any additional licenses are necessary, ensuring proper compliance and substantial budgeting.

When contemplating the costs of registering a foreign LLC in North Dakota, it is crucial to consider potential legal expenses. Consulting an attorney who specializes in corporate law can provide guidance and insight into the legal nuances associated with registering a foreign LLC. While legal fees might add to the overall cost, the knowledge and expertise provided by a qualified professional can streamline the process and prevent potential legal issues down the line.

Navigating the process of registering a foreign LLC in North Dakota requires a certain level of perseverance and understanding of the financial implications involved. Business owners must acquaint themselves with filing fees, Registered Agent requirements, licenses, and potential legal expenses. By being well-informed and proactively budgeting for these costs, aspiring entrepreneurs can pave the way for a successful establishment and long-term growth of their foreign LLC in North Dakota.

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.


About Author & Editorial Staff

Steve Goldstein, founder of LLCBuddy, is a specialist in corporate formations, dedicated to guiding entrepreneurs and small business owners through the LLC process. LLCBuddy provides a wealth of streamlined resources such as guides, articles, and FAQs, making LLC establishment seamless. The diligent editorial staff makes sure content is accurate, up-to-date information on topics like state-specific requirements, registered agents, and compliance. Steve's enthusiasm for entrepreneurship makes LLCBuddy an essential and trustworthy resource for launching and running an LLC.

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