North Dakota Registered Agent: If you wish to start a North Dakota LLC, you have to appoint a registered agent. According to North Dakota State Law, it is mandatory to have a North Dakota Registered Agent if you are conducting business in the state. A registered agent receives all the official and legal documents from the State. They also receive the service of process if there’s any lawsuit in concern.
In the following guide, we have shared all the required information regarding hiring a registered agent, why you need a registered agent in North Dakota, and who can be a registered agent for your LLC. Read this guide carefully before you hire a North Dakota Registered Agent.
On this page, you’ll learn about the following:
- What is a North Dakota Registered Agent
- Cost of a North Dakota Registered Agent
- How to Change a Registered Agent in North Dakota
What is a North Dakota Registered Agent
A registered agent (or a statutory agent or a resident agent) in North Dakota is an individual or a business that represents your business in receiving official documents. These official papers include formation documents, business renewal documents, tax filing, and any legal document if the LLC gets sued by other companies. All these documents go straight to the registered agent’s official address in the state. While forming an LLC, it is mandatory to appoint a registered agent.
When you file the North Dakota LLC formation papers with the Secretary of State, LLCs have to mention their registered agent’s name and address. When you choose a registered agent in North Dakota, you can go for two options, hiring an in-house registered agent or outsourcing the service.
Hiring a Registered Agent in North Dakota
You may have several options for hiring a registered agent in North Dakota. To become a registered agent, one has to meet the basic eligibility criteria. If the minimum requirements are fulfilled, anyone residing in North Dakota can represent your LLC as your registered agent.
Who Can Be a Registered Agent
- The person must be above 18 years old.
- The person must have a legal and physical address in the state where the LLC will operate.
- The person must be physically present during normal working hours.
- Anyone who fulfills the above requirements can act as a registered agent.
- Recommended – You should use a professional registered agent in North Dakota always.
Can I Be My Own Registered Agent
Yes, you can be your own registered agent. In fact, any member of the LLC, managers, and the owner can be a registered agent. Besides, someone from the owners’ family, such as a spouse, relatives, or other family members, can also act as a registered agent. As mentioned above, anyone who is representing the business as an agent should fulfill the basic criteria.
Why You Shouldn’t Be Your Own Registered Agent
Many small businesses do not hire a registered agent to save a chunk of money. However, it is not recommended to be your own registered agent. There are a bunch of problems one has to face while being a registered agent of his own LLC. Following are some of the issues you face,
- If you are operating your business from home or you are into web business, then your home address will be shared on the public portal. This address will be used for mailing and other official purposes. This will hamper your privacy.
- A registered agent has to be physically available at the official address during working hours on working days for 52 weeks. Being your own registered agent might restrict your other work due to this.
- The registered agent’s address must be up to date in the Secretary of State portal.
It is recommended to outsource the registered agent service to ease your work as it protects your privacy, especially if you conduct your business from home. It is always wise to outsource the RA service than be your own registered agent.
Recommended: You can get the best registered agent service at a reasonable price with online LLC service providers. We recommend using –
LegalZoom – $299 Per Year
How to Choose a Registered Agent in North Dakota
You can choose a North Dakota Registered Agent in two ways, either you can employ an in-house RA or outsource the service. Another option is to be your own registered agent. However, it is recommended to outsource the service as it is less worrisome and hassle-free.
In-house Registered Agent
As far as the in-house registered agent is concerned, it can be anyone from the LLC, including you, or you can employ an individual for this position. In that case, your office or home address will be the Registered Agent’s office address. Every LLC has to share its principal office address, mailing address, and registered agent’s office address to the state public portal. Hiring a registered agent service will make it easier as you can use the RA’s address as a mailing address.
Outsourcing Registered Agent Service
You may also avail yourself of professional registered agent services. Doing so ensures that you will have the best service provider to represent your business. Following are the best Registered Agent services on our list that will provide you with registered agents to ease your worries.
Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. If you are forming your LLC from scratch, then with LegalZoom Registered Agent, you will get the full formation package.
What to Consider While Choosing a North Dakota Registered Agent
Here are some factors to consider when choosing a registered agent.
- Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent typically costs between $99 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
- Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents. We recommend Registered Agent Services that have been in business for a long time. They are experienced and well capable of handling all your documentation.
- State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers. Check out the best Registered Agent Services to consider for this job.
- Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company. Some of the service providers offer this service. Make sure to choose an RA service that includes this service.
How to Appoint a Registered Agent in North Dakota
At the time of submitting the North Dakota Articles of Organization, the registered agent can be appointed by the LLC. It can be done online or by mail. No additional fee is charged for appointing a Registered Agent. Only the state filing fee should be paid.
Appoint Registered Agent Online
To appoint a registered agent online, you have to go to the North Dakota LLC Online Filing page and provide the information of your Registered Agent accordingly.
Cost of a North Dakota Registered Agent
The cost of having a registered agent can be variable. It depends on whether you are employing an in-house registered agent, being your own agent, or outsourcing the service. The cost of having a registered agent can start from $99 and go up to $300 per year. It will be cost-effective if you outsource the registered agent service in North Dakota.
Registered Agent services that also provide LLC formation packages can provide the same service at a lower price. For example, LegalZoom Registered Agent offers standalone registered agent service at $299 per year, but if you buy their LLC formation package at $0 + state fees, you might get a registered agent at a low cost.
How to Change a Registered Agent in North Dakota
To change the North Dakota registered agent, you must file a Change of registered agent or office by entity form. This form can be submitted to the North Dakota Secretary of State via online filing.
For Online filing, you need to get the online form, which is available on the North Dakota Secretary of State portal. Fill in all the necessary information of LLC as well as current and old registered agents. This form must be completed and signed by the newly appointed registered agent and any authorized member of the LLC. The signature of the new registered agent acts like the consent to be appointed as one. Submit it online.
How to Pay: The filing amount is payable to the North Dakota secretary of state through a credit card when filing online/by email. For paper filing, you can choose to pay through money order or check.
Why Do LLCs in North Dakota Need a Registered Agent Service
There are several reasons why a business should appoint a registered agent in North Dakota. Some of the most important reasons are listed below,
- Confidentiality: Having a registered agent service in North Dakota ensures the complete privacy of your business and related documentation. Appointing a registered agent company instead of an individual gets you privacy and confidentiality contracts beforehand.
- Up-to-date Compliance: LLCs and corporates have plenty of paperwork and compliances that are to be updated on time. With a registered agent service, you don’t have to worry about those compliances, as your registered agent will maintain a compliance calendar.
- Privacy: It is mandatory for businesses in North Dakota to publicly upload their address to the North Dakota Secretary of State. If you are using the home address for your business, then it would not be safe to make your private address public. On the other side, appointing a registered agent service will cover you up here as they have to provide their address to the North Dakota SOS and not yours.
- Availability: Every registered agent has to be available during office hours of work on business days. If you hire a registered agent service, then they can be available at the required time without harming other tasks at the company.
- Online Safe Backup: Every registered agent in North Dakota or any other state usually takes online backup of all the documents and paperwork. This ensures the LLC papers are securely saved in a central system.
- Lawsuits or Summons: Getting summoned or involved in a lawsuit does not leave a good impression on the employees. With a registered agent, all the related papers will be delivered to the Registered Agent’s official address. Hence, owners do not have to receive any such papers in their office in front of their employees.
North Dakota Business Laws for Registered Agents to Note
Businesses play a vital part in our lives, whether as an employer or as a producer of the goods and services we rely on, which is why states see it as necessary to regulate businesses and safeguard consumers.
An LLC’s core member is the registered agent or statutory agent. When incorporating an LLC, it is critical that business owners use the right agent; otherwise, the secretary of state may fine them. Of course, while choosing an agent, they must adhere to state requirements.
North Dakota, like every other state, has its own set of business regulations. North Dakota registered agents’ responsibility is to be there when the government sends legal and tax documents, as well as when lawsuits are filed. Only a state resident would be aware of the rules and be able to provide services within the state. The following are some of North Dakota’s business laws:
North Dakota Deceptive Trade Practices Law
In association with the sale or advertisement of merchandise, the Consumer Protection and Antitrust Division (CPAT) of the North Dakota Attorney General enforces the state’s deceptive trade practices statutes. Consumer fraud cases are investigated and prosecuted by the division, which also resolves individual consumer complaints and informs the public on how to prevent becoming a victim of fraud.
North Dakota Antitrust Laws
The antitrust act of North Dakota is designed to safeguard consumers by forbidding certain mergers and partnerships that decrease competition. The Attorney General’s Office in North Dakota is in charge of civil and criminal enforcement of the state’s antitrust laws, as well as filing civil lawsuits under federal antitrust legislation and conducting merger reviews and other anti-competitive activities.
North Dakota Interest Rate Laws
In the absence of a formal contract, the rate of interest lenders may charge a borrower is limited by North Dakota law. The maximum interest rate that parties can agree on in writing is up to 5.5 percent greater than the average rate of interest on US Treasury bills, but the maximum permissible interest rate must be at a minimum of 7% percent.
North Dakota Civil Statute of Limitations
If you have been hurt as a result of another person’s negligence and intend to sue for damages, you must submit your complaint within the civil statute of limitations. In North Dakota, civil lawsuits have a two- to ten-year statute of limitations, with most civil proceedings having a six-year statute of limitations. Personal injury and injury to personal property litigation are limited to six years, whereas defamation and professional malpractice cases are limited to two years.
How to Remove a Registered Agent for LLC in North Dakota
A registered agent for LLC in North Dakota can be removed by filing a Registered Agent/Office Statement of Change Form with the North Dakota Secretary of State by paying a filing fee of $10.
How to Remove a Registered Agent for LLC in North Dakota
When it comes to running a business, understanding the legal requirements and obligations is crucial. For limited liability companies (LLCs) in North Dakota, one such requirement is that of having a registered agent. A registered agent plays a pivotal role in ensuring that your company remains compliant with state regulations. However, there might come a time when you need to remove a registered agent and appoint a new one. In this editorial, we discuss the process of removing a registered agent for an LLC in North Dakota.
Before we delve into the steps involved, let’s take a moment to understand the important role a registered agent occupies. In North Dakota, a registered agent is an individual or a registered business entity authorized to receive important legal documents, such as official correspondence and notices on behalf of the LLC. These documents may include tax forms, service of process, and other official notifications. In short, the registered agent acts as the point of contact between the LLC and the State.
Now, onto the primary question – how to remove a registered agent for an LLC in North Dakota?
To initiate the process, you would need to go through the following steps:
1. Review the Operating Agreement: It’s always wise to refer to your LLC’s operating agreement first. This agreement may contain specific provisions related to the removal of a registered agent. Adhering to the spelled-out guidelines ensures the process is in compliance with your company’s own internal rules and regulations.
2. Board Approval: Generally, the decision to remove a registered agent should be approved by the unanimous consent of the members of the LLC. However, some operating agreements may specify different requirements for this process. Validating these requirements can prevent any future conflicts or disputes.
3. File an Amendment: Once the decision to remove the registered agent is reached, you must file an amendment with the North Dakota Secretary of State’s Office. Prepare the necessary documentation, providing information about your LLC, the current registered agent, and the effective date of removal. Pay any applicable filing fees associated with the amendment filing.
4. Appointing a New Registered Agent: Simultaneously, or preferably before initiating the process, identify and choose a new registered agent. Ideally, choose someone or a registered business entity fully capable of handling the responsibilities associated with the position. Ensure they meet all the statutory requirements outlined by the state.
5. Update Your LLC Records: After completing the formalities of removing the current agent and appointing a new one, update your company’s records to reflect the changes. Keep track of the necessary paperwork, filings, and any further requirements to remain compliant with North Dakota law.
It is essential for every LLC to maintain compliance with state laws and regulations throughout their business lifespan. Removing a registered agent and appointing a new one is just one of the many administrative tasks that need to be carried out. Approaching this process carefully and correctly ensures a smooth transition and avoids any unnecessary legal complications.
In conclusion, the process of removing a registered agent for an LLC in North Dakota requires careful consideration and adherence to relevant statutes. By following the outlined steps, businesses can efficiently manage this transition. It is vital to be aware of any specific requirements outlined in the LLC’s operating agreement and to keep accurate and up-to-date records.
You may alter the registered agent in North Dakota. You must download, complete, and submit the online RA change application form to the Secretary of State with all the necessary information. In North Dakota, replacing the registered agent will cost you $10.
To become a registered agent in North Dakota, you must meet some requirements. One of the most crucial requirements is that you must be a mature adult (18+). You also need to be a North Dakota resident to qualify. If you meet these criteria, then you can become a registered agent.
A registered agent in North Dakota might be your spouse, any LLC member, a member of your family or close friends, or even you. Being a legal adult (18+) and a resident of the state are the two main requirements. You may become a registered agent with ease if you can meet the prerequisites.
It is simple to change a registered agent’s address in North Dakota. You need to submit the RA Change Form, available on the North Dakota Secretary of State’s website. Add the new address to the form. Upload it online, and be sure to include all the necessary information. The address change might incur a cost.
By going to the North Dakota SOS website, you may discover who a company’s registered agent is. If you have the company name, then search with the business name. If you find the business you’re searching for, use that information to find the registered agent.
In North Dakota, having a registered agent for your company is legally mandatory. Every process, permit, and notice will be served on you by your registered agent, who will also be in charge of receiving any legal actions brought against your firm at his registered office. During business hours, he or she must be accessible at their office.
Companies must provide their name, address, and contact information while registering their company in North Dakota in order to formally designate a registered agent. The registered agent is covered in its own section of the articles of incorporation. How to designate a registered agent in North Dakota is as follows.
You must go to the North Dakota Secretary of State’s website to look for a registered agent’s address in North Dakota. Seek the steps in the list below to look for the registered agent’s address.
1. Access the North Dakota SOS website.
2. Using the firm name, look for the corporate information
3. Find the list of registered agent addresses.
This will make it simpler to locate the registered agent’s address.
You may look for a company in North Dakota by its registered agent’s name. Visit the official website of the North Dakota Secretary of State. Look for the “Business Search” option. In the search section, you will get the option “Search by the registered agent.” Choose the option and type the name of the registered agent. You will get the company name.
The major requirements in North Dakota for a registered agent are that they are at least 18 years old and have a physical residence there. If the person or the entity is a resident of the state and fulfills the age requirement, then he/she can be the registered agent.
In North Dakota, if you look up a registered agent for a corporation, then you must visit the North Dakota SOS. You need to click Business Search on the main page. Enter the name of the corporation if you know it to search for businesses. To find out more, choose the registered agent option.
In North Dakota, a registered agent must provide a letter of resignation to the business that they are currently working for. A resignation notification should be given to the North Dakota Secretary of State to confirm the registered agent’s resignation after a certain number of days, along with the resignation letter.
You can update a registered agent in North Dakota online by logging in to the North Dakota Secretary of State’s website. Make sure the online method is accessible for you, however, before you go through with it. In such a case, mail the RA Change Form.
In North Dakota, you can get a free registered agent. You won’t have to physically pay anything to yourself if you act as your own registered agent. You could save money if your partner or a friend joins an agency. The last option is to use a free registered agent service in North Dakota.
To research information about the registered agent in North Dakota, you need to visit the North Dakota Secretary of State. The option to “Search Business” will appear. You may look for your company using its name. As you get the result, you will be able to get the registered agent’s details from the list.
The registered agent is not given its own form in North Dakota. When establishing their firm, companies must choose a registered agent and transmit their information through the formation paperwork. The incorporation papers must be sent Online.
You must contact the North Dakota SOS if your firm does not have a registered agent in the state. Since every firm in North Dakota has to have a registered agent, there can be a legal concerns. You may need to act as a registered agent in North Dakota if there isn’t one.
If a registered agent passes away in North Dakota, all of their authority is lost. In North Dakota, having a registered agent is required. As a result, the business has to choose or replace a new registered agent. Meanwhile, a manager or an officer of the company or the owner can serve as a registered agent.
There are regulations for registering your company in North Dakota. If you visit the North Dakota Secretary of State, they will be able to tell you whether or not you may keep your registered agent’s name off the public platform. If you have an Anonymous LLC, then you can hide a member’s name.
In North Dakota, to get the registered agent information, you must call the Secretary of State’s office. The hours are officially from 8 am to 5 pm. Call on this number 701-328-2900 to connect to the executive. To get the information, adhere to the caller’s instructions.
A registered agent’s permission is a declaration in writing that the agent is prepared to represent the business. If you appoint a new registered agent in North Dakota or replace the existing one, the newly appointed agent is required to get the SOS’s approval.
In North Dakota, a registered agent and a resident agent are the same titles. While the registered agent is the word used in the majority of states, the resident agent is used in other states. The designation, process of appointing, and process of registration are the same in all states.
In North Dakota, if a person is appointed as a registered agent without their agreement, there may be a legal consequence and obligation placed on the person making the appointment. They also have the freedom to refuse any obligations imposed by the procedure.
It is still possible to sue a firm even though it has no registered agent in North Dakota. It is just that there is no agent representing the company and to receive the legal notice. However, the lawsuit will proceed, and an alternative method of giving notice will be used.
If a registered agent in North Dakota wishes to reject the designation, they must file an application of rejection. All they have to do is sign the rejection statement and send it to the North Dakota Secretary of State. It resembles accepting the designation in many ways.
Before you choose a registered agent for your North Dakota LLC, compare their price and services from the table. They will be responsible for all your documentation, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.