North Dakota LLC Operating Agreements

Key Takeaways

• North Dakota law does not mandate an LLC to have an operating agreement. It is strongly recommended to draft one to reduce potential conflicts. 
• Utilize our free North Dakota LLC Operating Agreement template to ensure compliance with state regulations.
• To form an LLC in North Dakota, you’ll need to file Articles of Organization with the North Dakota Secretary of State, appoint a registered agent, and fulfill the required filing fee.

North Dakota LLC Operating Agreement Templates by Type

Single Member LLC

Basic Single Member LLC Operating Agreement

Used 4,920 times

Are you required to uphold your limited liability corporation status in accordance with state law? If the business is sued, the owner’s assets may be safeguarded by this agreement.

Use Basic Single Member LLC Operating Agreement

For sole ownership of an LLC in North Dakota, utilize this specific template.

Multi Member LLC

Multi-Member LLC Operating Agreement Template

Used 4,872 times

Ensure that your newly formed LLC is run the right way by having a multi-member operating agreement in place.

Use Multi-Member LLC Operating Agreement Template

Facilitate collaboration and governance among LLC co-owners in North Dakota with this comprehensive tool.

50/50 LLC

50/50 LLC Operating Agreement Template

Used 4,872 times

This free 50/50 LLC Operating Agreement template for businesses with equal ownership.

Use 50/50 LLC Operating Agreement Template

Establish a structured partnership framework for equal ownership and management in a North Dakota LLC using this versatile template.

Member-managed LLC

Member-Managed LLC Operating Agreement Template

Used 4,919 times

A manager is chosen by the firm owners to oversee day-to-day operations in a manager-managed LLC. Use this Member-Managed LLC Operating Agreement Template right away.

Use Member-Managed LLC Operating Agreement Template

Effectively delegate management responsibilities within a North Dakota LLC with this streamlined solution.

Legal Requirements

While it’s not a legal necessity under state laws § 10-32.1-13, an operating agreement is crucial for single-member and multi-member Limited Liability Companies. 

• An operating agreement helps maintain the corporate veil and establish ownership for single-member LLCs. 
• For multi-member LLCs, it’s essential to provide operational guidance and determine voting rights and contributions.
• The state’s regulations oversee the establishment, functioning, and termination of Limited Liability Companies within its jurisdiction.
• The name of your LLC in North Dakota should incorporate “Limited Liability Company,” “LLC,” or a similar abbreviation. Be cautious not to violate the trademark or service mark of another enterprise.

How to Form LLC in North Dakota

Forming a Limited Liability Company within state laws involves several steps. A general instruction on the process is available below:

Naming Your LLC: 

• Pick a unique name that adheres to the state’s naming rules. Make sure it’s available by checking the North Dakota Secretary of State’s business name database.

Selecting a Registered Agent: 

• Choose a registered agent with a physical address in North Dakota who can receive legal papers and official mail for your LLC. This can be a resident or a business entity authorized to do business in the state.

Filing Articles of Organization: 

• Submit your Articles of Organization to the North Dakota Secretary of State. This should include your Limited Liability Company’s name, principal office location, registered agent details, and whether it’s member-managed or manager-managed.

Drafting an Operating Agreement: 

• While creating an operating agreement isn’t legally required in North Dakota, it’s strongly recommended. Tailor the agreement to meet your LLC members’ specific needs and preferences.

Securing an EIN: 

• You can apply for an Employer Identification Number (EIN) from the IRS for tax purposes and to open a business bank account. The IRS website offers free online applications for EINs.

Submitting an Annual Report: 

• Submit your business’s annual report to the Secretary of State. This report, which costs $50 to file, provides an overview of your company’s name, address, registered agents, and member details.
• Submit it by November 15 each year. You can fill out the form on the online portal, but if you prefer, you can also print it out and mail it along with your payment to the Secretary of State.

Obtaining Necessary Licenses and Permits: 

• Depending on your business type, you may need to get licenses, permits, or registrations at the local, state, or federal level. Ensure you comply with all relevant regulations and requirements by checking with the appropriate authorities.

Check with the relevant authorities to ensure compliance with all applicable regulations and requirements.

North Dakota LLC Laws

• Tax Benefits: One of the perks of running a Limited Liability Company in this state is the lack of state income tax for individuals or businesses. This can be a game-changer for business owners looking to reduce their tax burden.
• Registered Agent Necessity: The state requires LLCs to appoint a registered agent with a physical address. This agent receives all the company’s legal documents and official correspondence.
• Foreign LLC Registration: If your LLC was formed in another state but wants to do business in North Dakota, you must register as a foreign LLC with the Secretary of State.
• Real Estate Factors: If your LLC owns or leases property in North Dakota, be aware of additional legal considerations and regulations, such as zoning laws and property tax obligations.
• Employment Regulations: North Dakota has specific labor laws that govern minimum wage, overtime pay, and employee rights. LLCs with employees must comply with these laws to avoid legal complications and penalties.

s within a North Dakota LLC with this streamlined solution.