Fillable Form North Dakota LLC Articles of Organization

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What is a North Dakota LLC Articles of Organization Form?

The North Dakota LLC Articles of Organization form is a critical document required to legally establish a Limited Liability Company (LLC) in North Dakota. This form serves as the foundation for the LLC, outlining key information about its structure, purpose, and management. Filing the Articles of Organization with the North Dakota Secretary of State is the first official step in creating an LLC, ensuring it complies with state laws and regulations.

In order to establish a separate legal entity and define the rights and responsibilities of the owners, a Limited Liability Company (LLC) often requires an LLC operating agreement. This legal business entity, recognized under state law, provides a framework for the operation and management of the LLC. Financial institutions, partners, and potential investors often request to review the operating agreement before engaging in any business transactions. In North Dakota, specifically, the North Dakota Century Code governs the formation and operation of LLCs, ensuring compliance with North Dakota law.

The operating agreement is an internal document that outlines crucial aspects of the LLC, including ownership percentages, voting rights, and decision-making procedures. By clearly defining these elements, the operating agreement helps ensure compliance with legal requirements and facilitates the smooth operation of the LLC. It is worth noting that while single-member LLCs may have less stringent requirements for their operating agreements, multi-member LLCs should pay particular attention to the specifics of their internal document to avoid any potential conflicts or disputes among the LLC members.

Overall, the operating agreement is a vital component of the LLC's business structure, providing a clear roadmap for how the LLC operates, how decisions are made, and how ownership is managed. As such, it is essential for LLC owners to carefully draft and maintain an operating agreement that reflects their unique business needs and protects the interests of all the members involved.

How do I fill out a North Dakota LLC Articles of Organization Form?

An Articles of Operation LLC North Dakota template can be accessed here. If more space is required or more details need to be declared, use a separate sheet of paper and attach it to this form with a proper label.

North Dakota Company Act

Mark the line that applies to the articles of organization being filed.

• North Dakota Limited Liability Company Act
• North Dakota Corporate or Limited Liability Company Act

Name of LLC

Enter the name of the LLC.

Principal Office Address

Enter the street address of the principal executive office of the LLC in North Dakota.

Registered Agent’s Name

Enter the name of its registered agent at that address.

Registered Agent

Mark the lines as necessary then provide the following details as applied.

• Name of commercial registered agent in North Dakota
• Name of noncommercial registered agent in North Dakota
  • Street Address of noncommercial registered agent

Organizers’ Name and Mailing Address

Enter the name and complete mailing address of each organizer.

Signatures

Have the organizer(s) sign the form in the space provided, then enter the date that the form was signed.

Frequently Asked Questions (FAQs)

What is a registered agent, and why is it needed?
A registered agent is an individual or business authorized to receive legal documents on behalf of the LLC, ensuring the company is reachable for legal and state correspondence.

Can the registered agent be a member of the LLC?
Yes, a member of the LLC can serve as the registered agent, as long as they have a physical address in North Dakota.

What is the principal office address, and why is it included?
This is the primary location where the LLC conducts its business or keeps records. It must be a physical address, not a P.O. Box.

What management structure options are available for an LLC?
An LLC can be managed by its members (member-managed) or by appointed managers (manager-managed), which must be specified in the Articles of Organization.

Do the Articles of Organization include the LLC’s purpose?
Yes, the form may include a statement of purpose, although in most cases, a general business purpose is sufficient.

Can an LLC have perpetual existence in North Dakota?
Yes, the Articles allow an LLC to declare a perpetual duration, meaning it will continue indefinitely unless dissolved.

What filing fee is required for the Articles of Organization?
The filing fee for submitting the Articles of Organization in North Dakota is $135 as of 2024.

How can I check if my desired LLC name is available?
You can perform a name availability search on the North Dakota Secretary of State's website to ensure the name is unique.

Can I reserve an LLC name before filing the Articles of Organization?
Yes, you can reserve a name by filing an Application for Reservation of Limited Liability Company Name with the Secretary of State.

Is it possible to file the Articles of Organization online?
Yes, North Dakota allows online filing of the Articles of Organization through its official website.

What happens after the Articles of Organization are filed?
The LLC becomes a legally recognized entity, and the state issues a Certificate of Organization as proof of formation.

What if there is an error in the Articles of Organization?
You can file an amendment to correct errors or update the information in the Articles of Organization.

Are there any publication requirements for forming an LLC in North Dakota?
No, North Dakota does not require LLCs to publish their formation in a newspaper.

Can a foreign entity file Articles of Organization in North Dakota?
No, a foreign LLC must file an Application for Registration, not Articles of Organization.

Are signatures required on the Articles of Organization?
Yes, the form must be signed by the organizer, who is responsible for filing the document.

Who can act as an organizer for the LLC?
An organizer can be any person or entity authorized to file the Articles of Organization, including a member, attorney, or formation service.

What is an organizer’s role in the LLC formation process?
The organizer prepares and files the Articles of Organization but is not necessarily a member or manager of the LLC.

Can multiple organizers file the Articles of Organization?
Yes, multiple organizers can be listed and sign the form if desired.

What is the processing time for Articles of Organization in North Dakota?
Processing times vary but generally take 1-2 weeks for standard filing and may be expedited for an additional fee.

Can an LLC be formed for non-profit purposes?
Yes, an LLC in North Dakota can operate as a non-profit, but additional structuring may be required to meet tax-exempt requirements.