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State guide

Fees, taxes, privacy, timelines, and banking for forming an LLC in North Dakota — with pros, cons, and a side-by-side comparison so you can decide with confidence.

Why form an LLC in North Dakota?

North Dakota is low-cost to maintain but rarely a destination state for remote founders. Choose it if you live or operate here; otherwise the lack of any real anonymity or market advantage means Wyoming or New Mexico usually serves a non-US founder better.

A quick reminder from us: forming in a state where you do not actually operate usually means you still have to register (foreign-qualify) in your home state, often with little or no tax benefit. If you are unsure, tell us how you plan to operate and we will recommend the right fit — free.

Costs and fees

The North Dakota Secretary of State charges roughly $135 to file Articles of Organization, with an ongoing state cost of about $50/yr report (due Nov 15). North Dakota imposes a low, graduated personal income tax on ND-source income; there is no separate LLC franchise tax. State fees are paid directly to the state and are separate from our service fee.

  • Filing fee: $135 (approximate)
  • Ongoing state cost: $50/yr report (due Nov 15)
  • Typical processing time: ~5 business days online (FirstStop)

Taxes and privacy

Personal state income tax in North Dakota: Yes. Owner privacy on the public record is generally rated medium.

Your federal tax obligations (and your EIN) are the same regardless of the state you choose — a single-member LLC is taxed as a pass-through by default, and we can obtain your EIN even if you do not have an SSN.

Pros of forming in North Dakota

  • Low $50 annual report keeps ongoing maintenance cheap
  • Modern FirstStop online portal; filings typically process within about 5 business days
  • Low, graduated state income tax rates compared with most states
  • Stable, business-friendly regulatory environment

Things to weigh

  • $135 formation fee is slightly above the US average
  • Small in-state market and limited relevance for founders with no ND ties
  • Annual report information becomes part of the public record
  • Watch for misleading third-party annual-report solicitation letters the ND SOS has publicly warned about

Banking for your North Dakota LLC

Formation state doesn't limit banking — an ND LLC can bank anywhere in the US. Mercury, Wise, and Relay accept LLCs from any state; standard KYC (EIN, formation docs, beneficial-owner ID) applies at onboarding.

Whichever state you choose, we prepare the documents banks ask for and can obtain your EIN even without an SSN. Bank and provider approval is always their decision — we are not affiliated with any bank.

Is North Dakota right for you?

Best for: Founders with a North Dakota nexus. If you operate physically in North Dakota, forming here keeps things simple. If you are a remote or non-US founder without a specific reason to choose North Dakota, a low-cost, privacy-friendly state like Wyoming or New Mexico is often the better default.

Not sure? Start your application and we will confirm the best state for your situation before anything is filed.

North Dakota vs the most popular states

How North Dakota compares with the states most non-US founders actually choose. Use it to sanity-check whether a low-cost, privacy-friendly default beats forming here.

North DakotaWyomingDelawareNew Mexico
Filing fee$135$100$110$50
Ongoing state fee$50/yr$60/yr$300 franchiseNone
State income taxYesNoneYes (no sales tax)Yes
Owner privacyMediumHighestHighHighest
Typical speed~5 business days online (FirstStop)Same day–2 days online~1–2 wks standard; expedited (24hr/same-day) available for a fee1–3 days online
Best forFounders with a North Dakota nexusNon-US founders, privacy, holding companiesVC-track startups planning to raiseNon-US founders wanting cheap, private, low-maintenance

Figures are approximate and change frequently — we confirm the current amounts with the state before filing. General information, not legal or tax advice.

FAQ

Common questions

The state filing fee is approximately $135, plus an ongoing state cost of about $50/yr report (due Nov 15). These are paid to the state and are separate from our service. We confirm the current amount before filing.
Yes. You do not need to be a US citizen or resident, and you do not need an SSN. We can also obtain your EIN and help you open a US business bank account.
Yes — every North Dakota LLC must continuously maintain a registered agent with a physical street address in the state to receive legal and government mail. Non-residents use a commercial registered agent, which we include.
Yes. Your formation state does not limit where you can bank. Formation state doesn't limit banking — an ND LLC can bank anywhere in the US. Mercury, Wise, and Relay accept LLCs from any state; standard KYC (EIN, formation docs, beneficial-owner ID) applies at onboarding.
Usually you should form where you operate, or use a low-cost privacy state (like Wyoming or New Mexico) if you are fully remote. Forming in a state where you do not operate often triggers foreign-qualification with no tax benefit. We will advise you for free.

Search & file in North Dakota

Official North Dakota government tools — check a company name before you file, look up an existing company's status by name or filing number, and go straight to the right filing portal. Links change; we confirm the current details before filing. General information, not legal or tax advice.

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