What to know about an annual report in North Dakota and state requirements

North Dakota’s Office of the Secretary of State requires LLCs to file an annual report to remain in good standing. Your annual report provides information about your business activities and current operations but does not require financial statements. Key elements of the report include confirming or updating your business mailing address, activities, and stakeholders. Farm/ranch and authorized livestock farm corporations and LLCs have additional requirements since they must also report their shares/membership interests and owned or leased land used.

Properly registering and updating your LLC allows the state to monitor business activities and contact your registered agent as needed. Those steps are made more efficient by ensuring the state has your LLC’s current information.

North Dakota’s Annual Report requires you to confirm or update the following information:

• Business Structure: By submitting the Annual Report as an LLC, you confirm that the business remains an LLC.
• Business Name: Like the Business Structure, filing an Annual Report confirms that the registered Business Name remains in place. Note that you must renew your Trade Names every 5 years.
• Registered Agent: LLCs must have a North Dakota registered agent with a physical address in North Dakota. The registered agent will accept notifications of legal action, notice, or demand related to the business and provide those notices to the company.
• Principal Executive Office (PEO) Address: The street address of an elected or appointed president or governor(s) of the LLC.
• Mailing Address: The mailing address is the streetaddress or PO Box where the business receives mail. It can differ from the principal executive office or registered office address.
• Registered Agent Office Address: This address is where the state or others should send notices or services of process against your business.
• State or Country of Origin: Identifies where the business was formed
• Statement of Purpose: Describes the nature of the business and activities
• Names and Addresses of Directors, Officers, Partners, and Managers: Identifies the names and addresses of key individuals involved in the LLC
• Signature and Title: The title and signature of the person filing the Annual Report for the LLC.

LLCs in North Dakota pay $50 to submit their Annual Report due November 15.

How to file an annual report in North Dakota

Whether you plan to submit your Annual Report online or by mail, you must visit the FirstStop Portal to complete your Annual Report. You can access your LLC’s information using the search function and clicking on the “File Annual Report” icon.

Fill out the form with the required information

Filing the Annual Report and other state-required forms takes time and attention to detail to ensure you have accurately completed each form on time. Completing the form also requires you to compare your current information on previous submissions, noting when there are changes.

Filing the North Dakota Annual Report for an LLC involves several steps, including the following:

1. Complete your report online (using the FirstStop Portal) or print a paper form.
2. Submit your report to the North Dakota Secretary of State.
3. Complete the Annual Report process by November 15 and pay the $50 fee. LLCs that submit their Annual Report after November 15 are subject to a $100 fine.

After entering the requirement information on the FirstStop Portal, you will reach the final review page, where you can file your Annual Report online or print it.

The Annual Report is due by November 15 for each report year.

Choose one of the filing options 

File online

If you file online, you can pay the filing using a credit or debit card.

File by mail

If you choose to submit your Annual Report by mail, you must include a check or money order with the Annual Report.

You can submit the printed report by mailing it to:

North Dakota Secretary of State
600 E. Boulevard Ave. Dept 108

File with a compliance service

You can simplify the process using our service,Annual Compliance, which ensures your filings are completed accurately and on time for each state in which you conduct business.

Many North Dakota LLCs use a compliance service to complete their filings. A compliance service like Tailor Brands takes care of this work for you and ensures that you remain in full accordance with North Dakota and other state guidelines.

Paying fee

LLCs must pay the $50 filing fee whether the Annual Report is submitted online or by mail.

Make sure to file on time

Traditional LLCs must file their Annual Report by November 15.Farm and ranching-related LLCs must be filed by May 15.

What Happens if you fail to file on time?

Businesses that do not file an Annual Report fall into Not Good Standing status with North Dakota’s Secretary of State. Businesses that are in Not Good Standing status may be unable to work with certain lenders, investors, and vendors until they file the appropriate reports to return to Good Standing.

Reinstatement 

You have 1 year to reinstate your business to Good Standing. If the past-due annual report goes unfiled for 1 year, the LLC will be involuntarily dissolved or terminated. In the case of a foreign business, the state may revoke the LLC’s authority to transact business in North Dakota. Contact the ND SoS for information about your reinstatement options.

Late fees and fines

LLCs that do not file their Annual Report by November 15 face a $100 fine. Farm and ranching-related LLCs must file by May 15.

Penalties

The failure to file your Annual Report on time can result in the Secretary of State placing your LLC onNot Good Standing status, which can prevent the ability to conduct certain business in North Dakota.

Dissolution 

LLCs that do not file their Annual Report within 6 to 12 months of the due date may be involuntarily terminated. Reinstating your LLC requires a $135 payment. Also, North Dakota LLCs that have lapsed for more than one year need a court order for reinstatement.

Foreign businesses that are involved in the LLC will have their authority to do business in North Dakota revoked.

Stay compliant

The Annual Report for your LLC is an important document that provides the States of North Dakota with critical information about your business. The report requires collecting and reporting key information about the business, its structure, its directors and managers, and ownership interests. Filing this report is required after you form an LLC in North Dakota.

This report can be completed by an individual associated with your LLC or, as many businesses choose, by a compliance service specializing in this work. A compliance service ensures the reports are filed on time and accurately for each state in which you do business.

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