Filing a Foreign Corporation or LLC in North Dakota

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Related: Get a North Dakota Registered Agent

If your company was not incorporated in North Dakota, but you wish to do business there, you need to register as a foreign entity with the state.

Known as Foreign Qualification, this process allows a company formed in Delaware or any other state to legally transact business in North Dakota.

Please note: information on this page is accurate to the best of our knowledge. However, requirements and costs can be changed by states at any time and Harvard Business Services cannot guarantee the accuracy of this information.

How to Get a Certificate of Authority in North Dakota:

The North Dakota Secretary of State requires different forms and fees depending on what type of entity you are operating.

Requirements for LLCs:

  • File a LLC Certificate of Authority 
  • Fee: $135 
  • Certificate of Good Standing dated within 90 days of application is required. 

Requirements for Corporations:

  • File a Foreign Business Corporation Certificate of Authority 
  • Fee for Stock Corporations: $145
  • Fee for Nonstock Corporations: $50 
  • Certificate of Good Standing dated within 90 days of application is required. 

You must also appoint and list a North Dakota Registered Agent. The Registered Agent must be maintained at all times. Harvard Business Services can provide this service at a cost of just $99/year.

Harvard Business Services can assist with your application so you don’t have to deal with the North Dakota Secretary of State directly. We do charge our own fee for this service, in addition to state fees. The exact fee can vary based upon whether your company is already filed and whether you need us to obtain additional documents to meet the state’s requirements. Please contact us for an exact quote.

How Do I Know if I Need a North Dakota Certificate of Authority?

In North Dakota, a Certificate of Authority is required. Other common reasons for applying for a certificate of authority include:

  • Opening a physical office or location
  • Hiring employees
  • Maintaining bank accounts
  • Licensing authority
  • Beginning a contract or job in the state 

Keep in mind that even if the State of North Dakota does not require a Certificate of Authority for a specific activity, a bank, vendor or another party can still require one in order to establish a relationship.

North Dakota Annual Requirements

Once you have Foreign Qualification in North Dakota, state law requires entities to file an annual report

Foreign Stock Corporations fee is $25 and are typically due annually by May 15th.

Foreign Non-Profit Corporations fee is $10 and are typically due annually by February 1st. 

Foreign  LLCs fee is $50 and are typically due annually by November 15th. 

Please note that this annual requirement is independent from requirements you may have in Delaware or other states.

Since 1981, Harvard Business Services, Inc. has helped form 313,463 Delaware corporations and LLCs for people all over the world.

Registered Agent Service

Harvard Business Services, Inc. guarantees your annual Delaware Registered Agent Fee will remain fixed at $50 per company, per year, for the life of your company.