North Dakota Secretary of State is the Government’s elected position. Being the Great Seal custodian, recording the governor’s official acts, and having a great deal in the statewide elections, the secretary also holds licensing and trademark recording duties. Those include licensing newly registered businesses such as LLCs, corporations, organizations, and companies.
So, in this article, we will learn about the roles of the North Dakota Secretary of State in an aspect of business registration.
As mentioned above, the Secretary of State in ND plays a great role in the entity registration process. In case of any issues, you should contact them at (701) 328-2900 or fill in a message form on the official website.
So, if you want to register an entity in North Dakota, then there are certain steps to consider.
The first step is choosing a proper structure for your company. This will determine the taxation process, financial and legal liability, etc.
Then, you have to choose a suitable name for your brand. Before doing so, you may check its availability by searching your business name. If you find it available in the system, you can reserve it for 1 year by filing the needed application for reservation.
After completing the first steps, it is time to create your entity. Here you should consider your company structure. In the case of Sole Partnership and Partnership, you do not have to issue documents of the organization within ND. However, if you tend to open a Limited Liability Company, then it is required to file Articles of Organization.
A registered agent can assist you in the filling process. He/she must be a resident of North Dakota. The cost to file is $100-$135.
The same should be done when creating a Corporation. Yet, here you should file Articles of Incorporation.
Note: North Dakota is one of the US States charging fewer taxes including sales and use taxes.
Your next move should be obtaining business permission, as ND does not oblige a statewide business license. You need permission to operate in fields and industries such as lobbying, construction, alcohol, and tobacco.
If your company hires employees, then you must get an Employer ID Number (EIN). This should be done through the IRS.
Also, it is important to select a location for your company and a bank account special for your company’s needs.
Not to forget about insurance. This will greatly help you from unexpected ups and downs, natural catastrophes, etc. With the help of an insurance agent, you may understand assurance coverage and other important details.
You may reveal information about any company by searching it on the official website of the ND Secretary of State or the county it is located in.
There are other important actions you should complete during your business filings.
Reserving a name will protect your selected combination from being reserved while you are busy with the file formation processes. Based on your entity type, you might renew the reservation. The initial reservation fee is $10.
Each entity has a unique permanent identifier, which is a charter number. It consists of 8 digits and additional parts, such as:
Domestic Corps - D, B, RR, CP, I
Foreign Corps - F
ND and NF - for Domestic and Foreign Non-profit organizations
LP and LF - for Domestic and Foreign Limited Partnersh ips
DC and FC - for Domestic and Foreign LLCs
DP and FP - for Domestic and Foreign LLPs
A trade name identifies an individual or a business doing a certain activity. It should not include the organization’s legal title or the name/surname of the individuals or co-owners of the company.
When issued, the owner receives a legal right to that particular name through the ND SOS. No other individual or entity can take a trading name similar to the issued one. However, if the owners of the company change in 5 years, it can be owned by another businessman.
The trade name creates a public record that identifies the owner’s name.