How to Form a Company in North Dakota


When starting a business, it’s important to get the right legal and financial structure in place. North Dakota offers a variety of types of companies you can choose from when forming a business entity, including LLCs and corporations. Each type has its own advantages and disadvantages, so it’s important to consider which one is right for your company before deciding on what type of entity works best for you. This guide will walk through some information about how to form a company in North Dakota.

Take the time to get your company’s name right.

A good name is important. You want it to be easy to understand and memorable, but you also want to make sure that it isn’t too similar to another company’s name. If you’re considering a name for your business, here are some things we recommend keeping in mind:

  • Make sure the domain name is available first! This can save you from having an awkward conversation with your lawyer about how the odds of getting sued by someone who owns the exact same domain are slim enough not even worth worrying about in comparison with not being able to use any variation at all because someone else has already grabbed it first. We don’t want our clients’ dreams crushed before they even get off the ground!
  • Keep things simple and easy-to-spell/pronounce—this will help people remember what your company does! And keep in mind that if somebody can’t read something out loud without stumbling over their own words (or pronouncing them incorrectly), then maybe don’t use those words in your company name…
  • Try not go more than 4 syllables long (trademark issues). If possible avoid using numbers or punctuation marks unless necessary (like “The Smiths” would be better than “The Smiths&Co” ). Avoid specific names like “The Smiths” because there could be other companies with similar names so try using something more general like “Your Company Name”.

Form a business entity.

  • Choose the right type of business entity for your company. Each state has different laws, so it’s important to select the right one. In North Dakota, you can choose from a variety of options:
  • Sole proprietorship: This is the simplest form of a business and is perfect for someone who wants to keep things simple. As long as you’re conducting business under your own name, this type of entity will be sufficient.
  • General partnership: Two or more individuals must be involved in this type of business arrangement. Partners share ownership and liability equally, which means that if another person sues your company and wins their case against you personally (even if it was just one partner), all partners will be held jointly responsible for payment—and any debts incurred by one partner are shared by all partners equally as well! For this reason alone I recommend avoiding general partnerships unless absolutely necessary—but if there’s no other choice then at least make sure everyone knows what they’re signing up for!

Apply for your EIN.

The EIN is a unique nine-digit number used to identify your business. You can apply for one online by going to the IRS website and choosing “Apply for an Employer Identification Number.”

Get a registered agent.

A registered agent is a person or company that is authorized to accept service of process on behalf of a business entity. In North Dakota, you must have a resident of North Dakota as your registered agent. The address for the registered agent can be anywhere in the state, so long as it’s consistent with IRS requirements.

Draft an employee handbook if needed.

The employee handbook is a good idea for businesses with employees. It can be a helpful way to provide further guidance on company policies and procedures, which you may already have in place.

For example, an employee handbook can help avoid lawsuits by providing explicit instructions on what is expected of employees and how they should behave while at work. It’s also a good way to protect your business against discrimination claims, sexual harassment claims, and other issues of this nature that can arise when there are no clear guidelines in place regarding acceptable workplace behavior.

Set up a website and social media accounts for your company.

Set up a website and social media accounts for your company. Your website should be professional and easy to navigate, and include information about the company and its products or services. It’s also a good idea to set up social media accounts such as Twitter, LinkedIn, Facebook, Instagram and YouTube so you can use them to share news about your business.

Make sure you have an accountant.

You’ll need to hire an accountant. This can be one of the most important decisions you make, so make sure you find someone who’s right for your business.

There are Certified Public Accountants (CPAs) and Tax Accountants, but not all CPAs are tax experts. If your company will be managing money as part of its daily operations, a CPA is probably best since they are more experienced with financial reporting that meets the guidelines set forth by the Internal Revenue Service (IRS). A tax accountant may work in a private practice or in-house at a bank or other financial institution; they’re well versed in how taxes affect businesses—but they might not have expertise when it comes to preparing financial statements required by banks or investors.

The process of setting up a company in North Dakota can be confusing, but there are people in North Dakota who can help you figure it out, like the SD Small Business Development Center in Fargo, which provides free one-on-one counseling to entrepreneurs as well as free classes on starting and running a business — from accounting to marketing and more.

While you can typically form a company in North Dakota without the help of an attorney or accountant, it’s always better to have someone who understands the process on your side. The SD Small Business Development Center has resources for both new and experienced entrepreneurs, including information about starting a business and running one successfully. They also provide free one-on-one counseling to aspiring entrepreneurs.


Setting up a business is one of the most exciting and rewarding things you can do. But it’s also a lot of work! There are so many things to consider when starting or growing your company, from what kind of entity it should be (LLC or corporation) to where in North Dakota will be best for your new venture. That’s why we created this blog post: to help you understand what goes into forming an LLC or corporation in North Dakota, as well as some resources available if needed. We hope that with our tips and advice from other entrepreneurs who have done it before you’ll feel more confident about launching your own business soon!

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