How to Find a Registered Agent in North Dakota (Step-by-Step Guide)
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North Dakota registered agent requirements
Not just anyone can be a registered agent in the State of North Dakota. The following lists outline the requirements for individual registered agents and registered agent service companies in North Dakota.
Being your own registered agent
Here are the requirements for an individual registered agent in North Dakota. For example, if you would like to act as your LLC or corporation’s own registered agent or hire an employee, close friend, or family member, these requirements must be met.
- Accept the appointment of being listed as your registered agent on your Articles of Organization or Articles of Incorporation.
- Be a North Dakota resident.
- Have a physical street address in the state of North Dakota. This cannot be a P.O. box address.
- Be located at this North Dakota street address during regular business hours throughout the week.
- Accept service of process and official documents on behalf of your business.
Hiring a North Dakota registered agent service
Commercial registered agent companies need to meet these requirements.
- Accept the appointment of being listed as your registered agent on your Articles of Organization or Articles of Incorporation.
- Be registered to do business in North Dakota.
- Have a physical address in the state of North Dakota. This cannot be a P.O. box address.
- Be located at this North Dakota street address during regular business hours throughout the week.
- Accept service of process and official documents on behalf of your business.
Why use a registered agent service
When choosing a registered agent, you have the choice of selecting an individual or a business entity. While it may be tempting to select yourself as your registered agent (because it costs nothing this way), it’s good to also consider the downsides of not choosing a registered agent service.
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Time
First, when you are your own registered agent, you have a large responsibility before you. You must be at your registered office address during all normal business hours, which means you’ll have less time and freedom to travel or do as you please throughout the workday.
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Privacy
You’ll also have to use your home address as your registered agent address, which is unwise in terms of privacy (registered agent addresses are on public record). Furthermore, if your business ever receives legal service (because you are being sued or subpoenaed, for example), you will be served at your home.
In almost every situation, it is the better choice for business owners to hire a registered agent company as their official registered agent when incorporating a North Dakota business.
North Dakota registered agent costs
Hiring a registered agent service in North Dakota can cost anywhere from $50 to $300, depending on what services you want. Of course, you can always get only base level registered agent services for around $50 to $100 annually. But many registered agent companies offer additional services to meet your business needs.
For example, if you would like to get alerts for Annual Report due dates and tax payment deadlines so that you can ensure good standing with the state, this is often an available service. Likewise, you can sign up for an online account for even faster registered agent notifications in many cases.
How to change a registered agent in North Dakota
Switching from an individual registered agent to a commercial registered agent?
You must complete a Commercial or Noncommercial Registered Agent/Office Statement of Change form in order to change who your registered agent is in North Dakota. This form needs to be filed with the North Dakota Secretary of State. Filing can be done by fax, in person, or by mail. You must also pay a small filing fee.
Here are the steps to changing your registered agent in North Dakota.
- Alert your old registered agent that you will be changing to a new registered agent. Obtain any important business documents that they may still have in their possession.
- Obtain a Commercial or Noncommercial Registered Agent/Office Statement of Change form from the North Dakota Secretary of State.
- Fill out the form with your business name, the name and address of your old/current registered agent, the name and address of your new registered agent, and the name and signature of the filer. In some situations, you can ask your new registered agent to do this filing for you. This can save you time and money.
- Wait the 30 days (or allotted time) for the change to be finalized. It will take some time for the state to process your paperwork.
Why you need a registered agent
Need to find a registered agent as you complete your Articles of Organization (also known as Articles of Incorporation) and incorporate your business in North Dakota?
According to state law, every business in the state of North Dakota must have a registered agent if they plan to incorporate. You may also see the term registered agent referred to as statutory agent or resident agent. All of these terms mean the same thing.
A registered agent has only one job. It is their job to accept important legal notices and other service of process and legal mail on behalf of your business. This is a very important role, even if it may appear small and simple.
That’s because many of these critical documents need to be acted upon right away. For example, service of process means that someone is suing or subpoenaing you or your business, in which case you will need to act immediately to avoid penalties or an unwanted court ruling.
In some cases, registered agents also offer additional services. For example, they may help you incorporate your business, assist with the organization of your business filings, alert you when tax documents are due, let you know about Annual Report deadlines, and more.
When you need a registered agent
Your North Dakota business’s Articles of Incorporation or Articles of Organization document is a public document. Such articles are necessary for the completion of any LLC or corporation formation documents in North Dakota. It is within your Articles of Incorporation or Articles of Organization that you must list your registered agent.
When incorporating your business in North Dakota, the goal is for the Secretary of State of North Dakota to accept your business as a new legal entity that is registered to conduct business in the state. The process requires filling out paperwork and paying the required filing fee.
You may choose to gather the necessary documents and incorporate on your own, or you can hire a company to incorporate for you. Selecting a registered agent for your LLC or corporation is only one of the sections you’ll need to fill out in your Articles of Organization. It’s important to include the entire business name and business address of your registered agent.
You will also need to select a brand-new business name that no other business has, create your Corporate Bylaws, hold a board meeting, and carry out several other incorporation steps.
Useful links
Use these forms and links to help you in the process of incorporating your North Dakota business:
FAQs
How do I become the registered agent for my business?
If you have not yet incorporated your business in North Dakota, you can simply complete your formation documents and list yourself as the registered agent. You can also file an Annual Report and list yourself as the registered agent. Or, you can complete the necessary change of agent paperwork to appoint yourself as your company’s registered agent.
Who needs a registered agent in North Dakota?
All LLCs (limited liability companies) and corporations must have a registered agent according to North Dakota state law. Registered agents are necessary so that companies can be sure to receive important correspondence from the state, courts, or other entities regarding lawsuits, taxes, etc.
What is the difference between a noncommercial registered agent and a commercial registered agent?
A commercial registered agent is a professional registered agent company that specializes in registered agent services. Some of these companies will specialize in incorporation services and related business filing services as well. Noncommercial registered agents are, for example, individuals who act as the registered agent for a given company.
Are there any free registered agent services in North Dakota?
No. You won’t find any free registered agent service companies in North Dakota. On the other hand, you can act as your own registered agent for free. Or, you can find a deal with a registered agent company wherein you form your business with them and they throw in registered agent services for free for a year.
What is a service of process agent?
A service of process agent is the same as a registered agent, a resident agent, or a statutory agent. All of these terms mean the same thing, but different states will use different terms.
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