North Dakota Corporation

You can get an EIN directly from the IRS. The application is free, and most businesses can apply online. However, if you don’t have a social security number, you’ll need to submit a paper application form. Can’t bear to fill out yet another application? Hire Northwest to get your EIN for you. Just add on EIN service during checkout when you sign up for our incorporation service.

Corporate bylaws cover basic policies and procedures for issues such as company finances and management. Bylaws should cover a range of topics, answering key questions like those below:

• Meetings: When and where will meetings for shareholders and directors be held? How many attendees are required to transact business? What are the procedures for voting or proxy voting? How do you call a special meeting? What actions can be taken without a meeting?

• Stock: How are stock certificates issued and transferred? How is voting affected by issues such as corporate stock owners or fractional shares?

• Directors and officers: How many directors must there be? Which officer positions are required? What powers do they have? How do you fill a vacancy or remove a director or officer?

• Finances: What are the procedures for retaining profits, issuing dividends, and paying bills? Who can withdraw money from the corporate bank account or sign checks?

• Records: Where is the corporate book to be kept? What information will be maintained? How are requests for review or access honored? Can records or copies be kept or distributed digitally?

• Amendments and emergencies: Who can amend bylaws and how? Can emergency bylaws be adopted in the case of disaster?

North Dakota bylaws can make other provisions as well, assuming additions are in accordance with state law. For example, ND §10-19.1-31 states bylaws contain provisions related to the property, voting, and other rights and privileges of shareholders.

Creating bylaws can be overwhelming—where do you start? Northwest can help. We give you free corporate bylaws when you hire us to form your North Dakota corporation. We know what kinds of topics and questions corporations need to address, and we’ve spent years refining and improving our forms. We offer many other free corporate forms as well, including templates for resolutions and meeting minutes.

$25 if you file on time (August 1st). File late? It’s $45 if you get it in before November 1st, and $85 if you’re later than that. If not filed within three months of the due date, the corporation is placed on Not Good Standing with the state. One year after the due date, the state will involuntarily dissolve the company.

North Dakota domestic corporations need to have this report in by August 1st or risk incurring late fees.

These filings can be easy to forget—which is why we send our clients automatic reminders. Or better yet, let us file for you. With our business renewal service, we can complete and submit your annual report for you for $100 plus the state fee.

North Dakota taxes are not too bad—pretty straightforward and fairly low. The North Dakota corporate net income tax rates are:

$0 to $25,000: 1.41%:
$25,001 to $50,000: $352.50 + 3.55% of income over $25,000
over $50,000: $1240 + 4.31% of income over $50,000

North Dakota’s sales tax rate is 5%, but local areas can add on additional sales taxes by as much as 3.5%. To get an idea of what customers pay at the counter, the total sales tax rates for North Dakota’s 5 largest cities are below:

Fargo: 7.5%
Bismarck: 6.5%
Grand Forks: 7.25%
Minot: 7.5%
West Fargo: 7.5%

It costs $100 to file the Articles of Incorporation with the state.

Hire us for a one-time fee of $325, including the state filing fees, a year of registered agent service, a business address and more.

It takes North Dakota 1-2 weeks on average to process Articles of Incorporation.

The state doesn’t require a general business license (and neither do most counties or municipalities). However, your corporation may need licenses or permits from the state or local governments for specific business activities.

For instance, the state’s Attorney General provides licenses for alcohol, fireworks, gaming and tobacco while businesses like pawnbrokers and cab companies typically require municipal licensing.

A corporation formed outside of North Dakota—but which conducts business in the state—is considered a foreign North Dakota corporation. For example, if you incorporated in Montana but decide to open a storefront in North Dakota, you would be a foreign North Dakota corporation. This also means you would need to register with the state by filing an Application for Certificate of Authority with the North Dakota Secretary of State. Foreign corporations are required to file the North Dakota Annual Report each year as well.

Absolutely! We’re happy to start a nonprofit corporation for you. Note that incorporating an North Dakota nonprofit requires a different form. The filing fee is lower as well ($40). North Dakota nonprofits do not file the state’s franchise tax but must file an annual report each year ($10 due February 1st).

It’s a conundrum: you need a local number to display on your website and give to customers, but you don’t want to make your personal number quite so…public. We get it. And we’ve got you covered with Northwest Phone Service. We can provide you with a virtual phone number in any state—plus unlimited call forwarding and tons of easy-to-use features. You can try Phone Service free for 60 days when you hire us to form your corporation, and maintaining service is just $9 monthly after that. No contract required.