State Information

North Dakota

Selecting the North Dakota Corporation or LLC Name

While identifying a suitable name for your North Dakota corporation, it should be remembered that the name will be need to be original and will identify you and your business as a separate entity transacting business in the state of North Dakota. The name of your corporation must end with “Incorporated,” “Corporation,” “Corp” or “Inc.”. When deciding on a name for a limited liability company, remember that it must end with “Limited Liability Company” or “LLC”.

Since the business name you go with will be identifying your corporation or LLC as a unique entity, the name you choose will likely not be accepted by the state if it is likely to mislead the public at large or if it too closely resembles the name of another corporation or LLC that has already been formed in North Dakota.

Based on North Dakota requirements, you may not use any type of punctuation such as dashes, hyphens, asterisks, exclamation points, colons, periods, underscores or commas in company name selection.

Selecting a Board of Directors

A corporation can have several members serving as director but is only required to have one. Since the board of directors is responsible for the management of the corporation, it is suggested that the board be comprised of individuals that are officers or shareholders who have some type of daily involvement with the corporation. North Dakota has no minimum age requirement for directors.

North Dakota Taxes

Corporations formed in North Dakota are expected to file the North Dakota Corporation Tax return, Form CD-405 and CD-401S annually, whether a “C” or “S” corporation. The amount of tax you will be required to pay is dependent on a number of factors and there is a minimum franchise tax of $35.00.

An LLC within North Dakota must file as either a corporation or a partnership dependent on the election made on the SS-4 form. North Dakota does maintain an individual income tax so employers are expected to withhold state income tax. North Dakota maintains a general sales and use tax of 4 ½% with each county being able to impose a rate that is collected with it.

Registered Agent

The registered agent must have a physical street address within North Dakota state. PO boxes are not acceptable, within North Dakota.
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