North Dakota Registered Agents: Essential Information You Need to Know
Every business entity operating in North Dakota must have a registered agent. It’s a legal requirement, but luckily there are affordable options for fulfilling this requirement, depending on your specific needs. This guide will explain the importance of having a North Dakota Registered Agent and how to choose the right one for your business.
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Overview: The Role of a North Dakota Registered Agent
A registered agent is an individual or company responsible for receiving legal and state communications on behalf of a business entity operating in North Dakota. The registered agent ensures that your business can always be contacted by the Secretary of State and in the event of a lawsuit.
North Dakota state law mandates that all business entities maintain a North Dakota registered agent.
Who Must Maintain a North Dakota Registered Agent?
The following business structures require a North Dakota registered agent:
- Corporations
- Limited Liability Corporations (LLCs)
- Limited Liability Companies (LLCs)
- Limited Partnerships (LPs)
- Limited Liability Limited Partnerships (LLLPs)
- Statutory Trusts
The following business structures do not require a North Dakota registered agent:
- Sole Proprietorships
- General Partnerships
Duties: Responsibilities of a North Dakota Registered Agent
Without the registered agent system, it would be challenging for the state to contact business owners and there would be no way of guaranteeing a company could be contacted regarding legal matters.
In North Dakota, where a principal business address is not required on formation documents, a company could exist without a means of contact during legal matters or state inquiries. This would lead to chaos.
A registered agent resolves this issue for the state, but how can a registered agent benefit your business?
Benefits: What a North Dakota Registered Agent Can Do for Your Business
While maintaining a registered agent is a legal requirement for your North Dakota business, it’s also an opportunity to enhance your business operations. A registered agent can help you maintain the privacy of your personal information, ensure compliance, handle state registrations, and more. Read on to discover the advantages.
Compelling Reasons to Choose a Commercial North Dakota Registered Agent
Meeting certain requirements allows you to serve as your own registered agent in North Dakota, as detailed below. So why do many businesses opt for a commercial registered agent instead? The benefits of using a commercial registered agent often outweigh the costs in most cases.
Here are the primary reasons businesses choose to hire a North Dakota registered agent instead of serving as their own:
Opt for a North Dakota Registered Agent for Enhanced Privacy
If you aim to create an anonymous LLC, a commercial registered agent is essential. Even if anonymity is not your primary goal, you can still benefit from the privacy offered by a commercial registered agent, especially if you have your business formed by a registered agent. This is particularly crucial given what happens to your data once it enters the public database.
Consider your registered agent as a privacy shield for your business, protecting it from unwanted attention.
Hiring a commercial registered agent means they will use their address instead of yours on the Certificate of Formation. This privacy measure will continue to benefit your company by keeping your name, address, and phone number out of public records.
Take a look at the North Dakota Articles of Organization. If you serve as your own registered agent, you must provide your own physical address and name and signature. But if you hire a good registered agent to form your company, they’ll put their address and name and signature in your place.
Your Registered Agent Can Also Handle State Registration
Examine the North Dakota Certificate of Formation. If you serve as your own registered agent, you’ll list your name and physical address, and you’ll sign the document. This information becomes part of the public database, accessible to anyone, including spammers and scammers.
When you hire a commercial North Dakota Registered Agent, their information goes to the state and the public instead. This allows you to maintain control over your public exposure, separating your LLC from your personal identity.
Employ a North Dakota Registered Agent If You Operate Your Business from Home
If your business operates from your home, it’s crucial to hire a registered agent. You don’t want your home address to be easily accessible via a Google search of your LLC. Remember that you cannot use a P.O. box or virtual office as your registered agent address; it must be a physical address. If you ever face a lawsuit or deal with an unhappy customer, you want them to communicate through your registered agent. This investment is worth it.
Choose a North Dakota Registered Agent If You Operate Your Business Out of State
If you conduct business in North Dakota but your company is based in another state or your principal office is not in North Dakota, you’ll likely need to hire a North Dakota registered agent. The exception is if you maintain a staffed office in North Dakota, and one of your staff members acts as an authorized signer for your registered agent documents.
Select a North Dakota Registered Agent for Convenience
A reputable North Dakota Registered Agent offers more than the minimum legal requirements. LLCs and corporations have minimal yet crucial mechanisms. Missing state notices could result in the dissolution of your LLC, putting your personal assets at risk. Imagine forgetting a simple administrative task and jeopardizing your business’s limited liability status.
A commercial registered agent automates this process and keeps you informed about compliance deadlines. For instance, North Dakota does not require an annual report for LLCs, but they do require a flat $300 fee. Forgetting this payment could lead to the dissolution of your LLC by the North Dakota Secretary of State, potentially exposing your personal assets to legal risks. Automating this process allows you to focus on running your business without being burdened by critical but minor details.
Qualifications: Who Can Serve as a Registered Agent in North Dakota
A North Dakota registered agent can be the business owner, a North Dakota resident, or a legal entity with a physical address in North Dakota.
Anyone Meeting These Requirements Can Be a North Dakota Registered Agent If the following conditions apply to you, you can legally serve as your own North Dakota registered agent:
- You are at least 18 years old and have a physical address in North Dakota (P.O. boxes or virtual offices are not acceptable).
- You are available at your North Dakota address during business hours to receive service of process and state communications.
- You are willing to forward legal communications to the LLC owners.
- You are willing to make your address a matter of public record.
How to Become a North Dakota Registered Agent
If you meet these requirements, simply list your name and physical address on the registered agent section of your formation documents. You are not required to prove that you meet these qualifications. However, if you fail to receive state communications or legal notices, your LLC could be dissolved, or you could lose your LLC’s limited liability protection.
If you already have a registered agent and wish to change your registered agent to yourself, follow these instructions for changing your North Dakota registered agent.
Recommended North Dakota Registered Agents
While you can find a complete list of North Dakota registered agents on the North Dakota Secretary of State’s website, here are two highly recommended options:
Best Budget ND Registered Agent
($49/year). This is a great option for the budget conscious. You’ll still get same-day scans, but little else.
Best White Glove Service ND Registered Agent
($125/year) These guys will form your LLC for $39, and will also list their address instead of yours wherever possible on the Articles of Organization. This is an actual huge benefit, even if your not all that concerned about anonymity. The amount of junk mail and spam calls you’ll avoid alone is worth this benefit. Your company’s registered agent is a matter of public record. If you look up an LLC, what you’re going to find is the company’s registered agent phone number and physical address. Spammers love this list. Disgruntled people love this list. Believe me, I still get spam phone calls for the first company I formed over 10 years ago.
These are the added benefits that Northwest Registered Agent offers:
- $39 LLC formation
- Same day scans and uploads of all legal and state notifications
- Privacy by Default®(They use every opportunity to keep your contact information off of public documentation and do not sell your data)
- Annual report reminders
- A client portal from which you can easily manage multi-state expansion
ND Registered Agents Frequently Asked Questions
Yes, a North Dakota registered agent can receive legal and state communications on behalf of the business, but they can also serve as a point of contact for customers and clients. However, it’s important to note that their primary role is to handle legal matters and state notifications.
Yes, the physical address of a North Dakota registered agent must be a physical street address within the state. P.O. boxes or virtual offices are not acceptable for this purpose.
If a business fails to have a registered agent in North Dakota, it may face serious consequences. This could include being unable to receive important legal documents, which could result in legal actions against the business or even the dissolution of the business entity.
Yes, you could definitely do that, but it would defeat the purpose of hiring them in the first place. The reason for this is that an LLC is required to maintain a registered agent at all times.
If you choose to change your registered agent to yourself after formation to save money, you’ll still have to list your private address with the state when you submit your change of agent form. That’s why in order to maintain an anonymous LLC, you’ll have to keep a commercial registered agent.
In North Dakota, as in many other states, the terms “registered agent” and “statutory agent” are often used interchangeably and refer to the same function. Both terms describe an individual or a business entity that is designated to receive service of process, legal documents, and government correspondence on behalf of a business entity, such as an LLC, a corporation, or other business types that require state registration.
North Dakota law requires business entities to maintain a registered agent within the state. The North Dakota Century Code (Title 10 for corporations and Title 45 for LLCs) outlines the requirements for business entities regarding their registered agent. While the term “statutory agent” is less commonly used in North Dakota, the responsibilities would be the same as those of a registered agent if it were employed.
The responsibilities of a registered (or statutory) agent in North Dakota typically include:
- Being Available: The agent must be available at a physical address (known as a registered office) during normal business hours to receive legal papers and government notices.
- Forwarding Documents: The agent is responsible for accepting these documents and forwarding them to the appropriate individual within the company.
- Ensuring Compliance: The agent may also remind the business entity of important filing deadlines, such as annual reports, to help maintain compliance with state regulations.
If you are forming a business in North Dakota and are required to designate a registered agent, it is always recommended to confirm the current requirements and terminology with the North Dakota Secretary of State or a legal p