The filing
North Dakota creates an LLC when the North Dakota Secretary of State accepts the Articles of Organization. The state fee is $135[2]. The filing has to name a registered agent in North Dakota.
Mainstay Filing does the North Dakota filing for $199 a year; the state's $135 is added at cost[1].
- State filing fee
- $135
- Form
- Articles of Organization
- Filed with
- North Dakota Secretary of State
- Registered Agent required
- Yes
- Periodic report
- Yearly, $50
- Other states’ fees
- 35 lower, 14 higher
Updated October 29, 2026. State fees from official sources.
6 steps, in order
The order below is the order most filers follow. The state filing is the only step with a North Dakota fee attached.
- Search the register. Before filing, look the name up on the North Dakota Secretary of State site[3]. A name too close to an existing North Dakota entity will be rejected.
- Line up the registered agent. The filing lists who receives legal papers for the company. North Dakota allows A commercial registered agent listed with the Secretary of State, or a noncommercial agent: a North Dakota resident, or an entity registered with the Secretary of State that has a North Dakota business office. A business cannot serve as its own agent.[4]
- File the Articles of Organization. Submit it to the North Dakota Secretary of State with the $135 fee[2].
- Draft the operating agreement. This internal document covers ownership, voting and what happens if a member leaves. It is kept with the company, not filed.
- Apply for an employer identification number. The IRS issues it free; it is needed to open a business bank account or hire.
- Mark the report deadline. North Dakota LLCs file the Annual Report every year ($50)[5]. The deadline: November 15[2].
North Dakota formation costs
At $135, North Dakota's fee is above the 50-state median of $100. Among the other states, 35 states charge less and 14 charge more.
| Item | Amount | Source |
|---|---|---|
| State filing fee | $135 | [2] ndlegis.gov, updated October 29, 2026 |
| Annual Report | $50 every year | [5] sos.nd.gov, updated October 29, 2026 |
| Filing service, Mainstay Filing | $199 a year plus state fees | [1] Mainstay Filing, updated October 29, 2026 |
| Registered agent service (if hired) | $149 a year at Mainstay Filing; $99 to $596 first year elsewhere | 8 other services' published prices, updated October 29, 2026 |
Only the state fee is required. Naming yourself or another qualified person as registered agent costs nothing in state fees.
| State | LLC filing fee | Periodic report |
|---|---|---|
| Minnesota | $155 | $0 yearly |
| Montana | $35 | $20 yearly |
| South Dakota | $150 | $55 yearly |
Same source set as above, one statute or fee schedule per state, verified August 12, 2026.
The form and where it goes
The formation document in North Dakota is the Articles of Organization. It is filed with the North Dakota Secretary of State[2].
The statute that governs it reads, in part:
One or more individuals of the age of eighteen years or more or other persons may act as organizers to form a limited liability company by signing and filing with the secretary of state articles of organization together with the fees provided in section 10-32.1-92.
N.D. Cent. Code § 10-32.1-20 (North Dakota Uniform Limited Liability Company Act — Formation of a limited liability company[2].
Once the North Dakota Secretary of State accepts the filing, the LLC exists and its record, including the registered agent details, appears in the state's public business search.
North Dakota business applications, by the numbers
North Dakota logged 8,912 business applications in 2025 by the Census Bureau's count, 11.15 for every 1,000 residents. From January through Sep 2026 there were 8,012, against 6,834 in the same months of 2025.
These are IRS employer-ID applications, so they include sole proprietors and corporations as well as LLCs. North Dakota does not publish a comparable monthly LLC count.
Two ways to file
Mainstay Filing prepares and submits the Articles of Organization for $199 a year plus the $135 state fee, which it passes through at cost[1]. The same yearly price covers its service as registered agent, the EIN application and the Annual Report each time it is due, and it does not rise at renewal.
The North Dakota Secretary of State accepts filings from owners directly. Its $135 fee does not change based on who submits the document.
Questions
How much does it cost to form an LLC in North Dakota?
The state fee is $135 for the Articles of Organization[2]. After that, the Annual Report costs $50 every year.
Do I need a registered agent to form an LLC in North Dakota?
Yes. The formation filing names one. A member or manager who lives in North Dakota can be the registered agent as an individual. What North Dakota does not allow is the company listing itself.
Can someone else handle the North Dakota filing?
Yes. Mainstay Filing prepares and files North Dakota LLCs for $199 a year plus the $135 state fee[1]. That also covers its registered agent service, the EIN application and the Annual Report, at the same price each year.
Who files the formation document in North Dakota?
The North Dakota Secretary of State. Its website: sos.nd.gov/.
Sources
- Mainstay Filing pricing, registered agent and FAQ pages. Updated October 29, 2026.
- N.D. Cent. Code § 10-32.1-20 (North Dakota Uniform Limited Liability Company Act — Formation of a limited liability company; Articles of organization); fee set by § 10-32.1-92(1). ndlegis.gov/cencode/t10c32-1.pdf. Updated October 29, 2026.
- North Dakota Secretary of State. sos.nd.gov/. Updated October 29, 2026.
- N.D. Cent. Code ch. 10-01.1 (Registered Agents Act — ND's enacted MoRAA); LLC-specific cross-references at §§ 10-32.1-16 and 10-32.1-17; appointment at § 10-01.1-05; address rule at § 10-01.1-04. ndlegis.gov/cencode/t10c01-1.pdf. Updated October 29, 2026.
- North Dakota Secretary of State, Business Division: Annual Report rules and fee. www.sos.nd.gov/business/business-services/maintain-registration. Updated October 29, 2026.
- U.S. Census Bureau, Business Formation Statistics (state annual and monthly series). www.census.gov/econ/bfs/index.html. Updated October 29, 2026.