How to File an Annual Report in North Dakota 2024: A Step-by-Step Guide

Master the art of juggling business responsibilities in North Dakota, also known as The Peace Garden State! Keep your LLC thriving by filing an annual report in North Dakota and remaining in good standing. Our comprehensive guide simplifies the process, helping you easily meet government regulations and maintain up-to-date records.

With LLCBase, learn the requirements, deadlines, and steps to complete this essential task successfully. Let’s embark on this pivotal aspect of your entrepreneurial journey and secure the ongoing success of your North Dakota LLC in the dynamic North Dakota business landscape.

File an Annual Report

On this page, you’ll learn about the following:

What is an Annual Report in North Dakota
- Annual Report Required Information
Steps to Filing Your Annual Report in North Dakota
When is an Annual Report Due in North Dakota
Common Mistakes to Avoid
- Failing to File an Annual Report
Tips for Filing an Annual Report
Seek the Help of a Registered Agent
FAQs

What is an Annual Report in North Dakota

The North Dakota LLC annual report, or Statement of Information, is a document that every LLC registered in North Dakota must file with the Secretary of State to update their business information. This includes the LLC’s name, address, registered agent, and manager/member information.

In North Dakota, an LLC’s initial Statement of Information is due by November 15 the year following formation of the formation of the LLC, and subsequent reports are due every 1 year (15th November every year) year by the end of the month in which the LLC was formed.

The filing fee for a North Dakota LLC annual report is currently $50, and there is an additional $50 penalty for late filings.

Annual Report Required Information

Before you begin the filing process, gather all the necessary information about your LLC. This includes:

The name of your LLC
The North Dakota Secretary of State file number
The mailing address of your LLC
The name and address of your registered agent in North Dakota
The names and addresses of your LLC’s managers or members
A brief description of your LLC’s business activities
The principal office address of your LLC
Whether your LLC is member-managed or manager-managed
The Employer Identification Number (EIN) of your LLC, if applicable
The contact information of the person responsible for filing the annual report, such as their name, title, phone number, and email address
Any additional information or updates that have occurred since your last filings, such as changes in management structure or significant business developments

Preparing this information in advance will simplify completing and submitting your North Dakota LLC annual report. When starting a business in North Dakota, ensuring the accuracy and completeness of the information you provide is essential. Any errors or omissions may lead to delays in processing or potential penalties for non-compliance. Furthermore, maintaining up-to-date records of your LLC’s essential details will help you to stay organized and make future filings more manageable.

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Steps to Filing Your Annual Report in North Dakota

Ready to tackle your annual report for your North Dakota LLC? Just follow these step-by-step instructions, and you’ll have it done in no time – making sure your business stays compliant and up-to-date with ease!

Step 1: Fill Out the Annual Report Form

The Form SFN 13002 includes your LLC’s name, North Dakota Secretary of State file number, mailing address, and principal office address. You must also provide the name and street address of your registered agent in North Dakota, who will be responsible for receiving legal correspondence on behalf of your LLC.

Step 2: Provide the Names and Addresses

Depending on whether your LLC is member-managed or manager-managed, include the names and addresses of all relevant parties in the appropriate fields on the form.

Step 3: Description of Your LLC

Describe the primary purpose and nature of your LLC’s operations. Be concise, but ensure the description accurately reflects your business activities.

Step 4: Sign and Date the Form

If you are filing online, you will be prompted to sign the form electronically using an e-signature. For mail-in filings, print the completed form and sign it by hand. Ensure that the person signing the form has the proper authority, such as an LLC member or manager.

Step 5: Pay the Annual Report Filing Fee

You must pay the annual report filing fee. The fee is $50. You can pay the fee online using a credit card or e-check. For mail-in filings, include a check or money order made payable to the “Secretary of State” with your completed form.

Step 6: Submit the Form

For online filings, click “Submit” on the North Dakota Secretary of State’s online platform to complete the submission process. You will receive a confirmation of receipt upon successful submission. For mail-in filings, send the completed form and payment to the following address:

North Dakota, 600 E Boulevard Avenue Dept 108, Bismarck ND 58505-0500

There are two ways to file your North Dakota LLC annual report: online or by mail.

Online: Visit the North Dakota Secretary of State‘s website. From there, click on “Limited Liability Company (LLC) Statements of Information.” Follow the prompts to file your annual report electronically. You can pay the filing fee using a credit card or an e-check.
By mail: If you prefer to file by mail, you can download the Form SFN 13002 form from the North Dakota Secretary of State’s website. Complete the form, attach a check or money order for the $50 filing fee, and mail it to the address provided on the form.

It is essential to double-check all the information on the form before submitting it, as errors or inconsistencies may cause delays in processing or potential penalties.

Regardless of your chosen method, filing your North Dakota LLC annual report on time is crucial to avoid penalties and maintain good standing with the state. Regularly reviewing and updating your LLC’s information ensures that you are prepared for future filings and helps you stay organized, allowing you to focus on growing your business.

When is an Annual Report Due in North Dakota

The North Dakota LLC annual report is due every 1 year (15th November every year) by the end of the anniversary month of your LLC’s formation. Filing this report on time is crucial, as failure to do so can result in penalties and even the suspension or dissolution of your LLC.

The filing fee for a North Dakota LLC annual report is $50. If you file late, there is a $50 penalty in addition to the regular filing fee. Staying on top of your annual report filing is essential to avoid unnecessary penalties and maintain good standing with the state.

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Common Mistakes to Avoid

Just a heads-up – we’ve noticed that many business owners tend to make these common mistakes when filing their annual reports. Keep an eye out to avoid them!

A. Late Filing

Filing your Statement of Information late can result in penalties and may jeopardize your LLC’s good standing with the state. Keep track of your filing deadlines and submit your report on time. A calendar or reminder system can help you stay on top of these deadlines and avoid late fees.

B. Incorrect or Missing Information

Incorrect or missing information can result in processing delays, rejection of your filing, or potential penalties for non-compliance.

Inaccurate Registered Agent Information: Your registered agent is responsible for receiving legal and tax documents for your LLC. Misleading registered agent information could result in missed notices and potential legal issues.
Incorrect Principal Office Address: Your LLC conducts business at the principal office address. Providing a correct address could lead to clarity and misdirected correspondence.
Incomplete or Inaccurate Member/Manager Information: Ensure all members’ or managers’ names and addresses are accurate and up-to-date. Only complete or accurate information can cause issues with the state and affect your LLC’s operations.
Not Updating Changes: If any changes occur within your LLC, such as a change in registered agent, office address, or member/manager information, it is crucial to update your Statement of Information accordingly.

C. Not Filing At All

Failing to file your Statement of Information can have severe consequences for your North Dakota LLC, including suspension or forfeiture of your LLC status. In addition to these consequences, there are further complications that may arise:

Difficulty Obtaining Financing: Lenders may hesitate to provide financing to an LLC not in good standing with the state, which may indicate potential legal or financial issues.
Loss of Limited Liability Protection: One of the primary benefits of forming an LLC is the limited liability protection it provides its members. If your LLC loses its good standing, this protection may be at risk, leaving members personally liable for the LLC’s debts and obligations.
Challenges in Business Transactions: If your LLC is not in good standing, you may face challenges in conducting business transactions, such as entering into contracts or opening bank accounts.

To avoid these common mistakes and ensure your North Dakota LLC’s continued success, stay organized, communicate with your registered agent, and stay informed about changes in state requirements. Regularly reviewing your LLC’s records and working with professionals, such as attorneys or accountants, can help you maintain compliance and avoid costly errors.

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Failing to File an Annual Report

Failing to file your North Dakota LLC annual report within the specified deadline can result in severe consequences for your business. Late fees may be imposed, and your LLC may face suspension or even dissolution by the state. It is essential to stay compliant by submitting your annual report on time and ensuring all information is accurate to maintain your LLC’s good standing and avoid these adverse outcomes.

A. Penalties

Missing the deadline for filing your North Dakota LLC’s Statement of Information can result in a late filing penalty of $50 imposed by the North Dakota Secretary of State. This penalty is in addition to the standard $50 filing fee and can be avoided by ensuring the timely submission of your annual report.

B. Suspension/Forfeiture of LLC Status

Failing to file your Statement of Information or comply with other state requirements can lead to suspending or forfeiting your North Dakota LLC’s status. This means your LLC loses its good standing and becomes ineligible to conduct business in the state, which can have significant legal and financial consequences.

C. Reinstatement Process

If your LLC has been suspended or forfeited due to non-compliance, you can take steps to reinstate it. The reinstatement process typically involves the following:

Filing all past due Statements of Information, ensuring that all required information is accurate and up to date.
Paying any outstanding penalties, including late filing fees and any other fines that may have been imposed.
Submitting a completed Application for Revivor form to the North Dakota Secretary of State and any required supporting documentation.
Resolving any outstanding tax obligations with the North Dakota North Dakota Office of State Tax Commissioner.

Once you have fulfilled these requirements, the North Dakota Secretary of State will review your reinstatement application. If approved, your LLC will be restored to good standing and regain its ability to conduct business in the state. Remember, maintaining compliance by submitting your annual reports on time and addressing any issues promptly is always more efficient and cost-effective.

Tips for Filing an Annual Report

File early: To avoid late fees and possible suspension or dissolution of your LLC, file your annual report well before the due date.
Double-check your information: Ensure that all the information you provide on the form is accurate and current to avoid processing delays or rejection of your filing.
Keep a copy: Whether you file online or by mail, keep a copy of the completed form and proof of payment for your records.
Set a reminder: To ensure you can attend the filing deadline in the future, set a reminder for yourself to file your North Dakota LLC annual report each year.
Utilize online resources: The North Dakota Secretary of State’s website provides valuable information, forms, and guidelines for filing your annual report. Familiarize yourself with the site to ensure you follow the correct procedures and use the proper forms.
Update your records regularly: Throughout the year, keep your LLC’s records updated, including any changes in management, addresses, or business activities. This makes filing your annual report easier and helps maintain accurate records for your business.
Verify your registered agent information: Make sure the registered agent’s name and address are current, as they are responsible for receiving legal correspondence on behalf of your LLC.
Consider filing online: Online filing is typically faster and more convenient than mail-in submissions, offering instant confirmation and quicker processing times.
Consult a professional if needed: If you need clarification on filing your annual report, consider consulting with a legal or accounting professional specializing in business compliance. They can provide guidance and ensure that your filing is done correctly.
Stay informed: Be informed about changes in North Dakota’s LLC filing requirements, fees, or deadlines. Regularly check the Secretary of State’s website for updates and sign up for any relevant newsletters or notifications.

Seek the Help of a Registered Agent

Each state has its own set of rules and regulations regarding the filing of Annual Reports. Typically, these reports are submitted annually, but in some states, they are only required biennially or once every ten years.

There are numerous factors to consider when filing reports or paying taxes, such as timing, filing methods, appropriate addresses, exemptions, legal requirements, and annual report compliance. To help navigate these complexities, it is recommended that an LLC hires a Registered Agent. Explore the best registered agent services in North Dakota that provide comprehensive assistance at a reasonable cost.

An experienced agent is necessary for the following:

Streamlining the necessary processes and filing procedures, ensuring a smoother experience.
Facilitating the sending and receiving of crucial documents on your behalf.
Providing timely reminders about critical filing dates and tax payment deadlines, reducing the risk of missing important deadlines.
Simplifying the filing process makes it less daunting and more manageable.
Helping you avoid costly penalties and maintain compliance with regulatory requirements.
Offering flexible working arrangements, adapting to your business needs.
Ensuring the privacy and protection of your personal information by keeping your records off public databases.

FAQs

What is an annual report, and when is it due in North Dakota?

An annual report is a document that updates or confirms the state about your business information and how it’s doing throughout the year. In North Dakota, it is due by November 15th every year.

Does my business need to file an annual report?

Yes, all businesses registered with the North Dakota Secretary of State must file an annual report.

How can I file my North Dakota annual report?

You can file your annual report online through the North Dakota Secretary of State’s website, by mail, or in-person at their office.

What information do I need to include in my North Dakota annual report?

Your North Dakota annual report should include your business’s name, business address, mailing address, registered agent information, and an overview of your business’s activities throughout the year.

What is the fee to file an annual report in North Dakota?

The filing fee for a North Dakota annual report depends on your business’s entity type, and it varies between $25 and $50.

Can I file my North Dakota annual report late?

Yes, you can file your North Dakota annual report late, but there will be additional late fees.

What happens if I fail to file my North Dakota annual report?

If you fail to file your North Dakota annual report, your business becomes inactive, and you may lose your good standing with the state.

If I dissolved my business during the year, do I still need to file an annual report in North Dakota?

Yes, if your business was active at any time during the year, then you must file an annual report.

Can I file my North Dakota annual report over the phone?

No, you can’t file your North Dakota annual report over the phone. You can file it online, by mail, or in person.

Do I have to renew my business entity before I can file a North Dakota annual report?

Yes, you must renew your business entity before filing a North Dakota annual report.

Can I change my business address in North Dakota when filing an annual report?

Yes, you can file an annual report to update your business information, including your business address in North Dakota.

What happens if I need to update my registered agent in North Dakota when filing my annual report?

You can update your registered agent information on your annual report, which will replace your current agent’s information on file with the North Dakota Secretary of State’s office.

What is the earliest I can file my North Dakota annual report?

You can file your North Dakota annual report after January 1st of the current calendar year.

Can I fill out and mail my North Dakota annual report ahead of the deadline if it’s not yet the current calendar year?

No, you must file your North Dakota annual report after January 1st of the current calendar year for which you’re filing.

What if my company changes its name during the year; do I still file my North Dakota annual report under the old business name?

No, you must file your North Dakota annual report using your company’s current legal name.

Can I download the North Dakota annual report form from the Secretary of State’s website?

No, the North Dakota annual report form is not downloadable. You can complete it online through the North Dakota Secretary of State’s website.

Will I receive a reminder to file my North Dakota annual report?

Yes, the North Dakota Secretary of State’s office sends notifications to remind businesses to file their annual reports.

How often do I need to file a North Dakota annual report?

You must file a North Dakota annual report every year.

Can I request an automatic filing every year for my North Dakota annual report?

Yes, you can request automatic filing each year by enrolling in the North Dakota Secretary of State’s eNotify program.

How long does it take North Dakota to process an annual report after filing?

It usually takes 3-5 business days for North Dakota to process your annual report after filing it.

Can I file corrections to my North Dakota annual report after submitting it?

Yes, you can make corrections to your North Dakota annual report by filing an amendment with the Secretary of State’s office.

Do I need to request a certificate of good standing after filing my North Dakota annual report?

No, a certificate of good standing is automatically generated when your North Dakota annual report is filed and processed.

Can I view my business’s annual report filings on the North Dakota Secretary of State’s website?

Yes, you can review previously filed North Dakota annual reports through the Secretary of State’s website under the Corporate Records Search Tool.

How long does my North Dakota business have to file its annual report before it becomes delinquent?

You have until November 15th every year to file your North Dakota annual report.

How do I reinstate my North Dakota business if it is inactive due to the failure to file an annual report?

You can reinstate your North Dakota business by filing any missing annual reports and paying the associated fees.

What should I do after filing my North Dakota annual report?

Once you file your North Dakota annual report, make sure to keep a copy for your records.

Can I file multiple North Dakota annual reports in the same filing?

No, each North Dakota annual report must be filed separately.

What documentation should I include along with the North Dakota annual report?

You are not required to submit any documentation with your North Dakota annual report.

What is an annual report?

An annual report is a filing submitted by a business at the end of every fiscal year, which contains financial and other important information about the company.

Who is required to file an annual report in North Dakota?

All domestic and foreign corporations authorized to conduct business in North Dakota must file an annual report each year.

When are annual reports due in North Dakota?

Annual reports are due on the first day of the anniversary month of a corporation’s formation or registration, and are considered late if not received within two months of the due date.

Can annual reports be filed online in North Dakota?

Yes, annual reports can be filed online in North Dakota through its online filing service, which is available on the Secretary of State’s website.

What happens if an annual report is not filed on time in North Dakota?

A late fee of $50 will be assessed if the report is not filed within two months of the due date, and may result in forfeiture or suspension of a corporation’s right to do business in North Dakota.

What is the cost to file an annual report in North Dakota?

The filing fee for an annual report in North Dakota is $50.

Can amendments or changes be made to an annual report in North Dakota after it has been filed?

Yes, amendments can be made to an annual report after it has been filed in North Dakota through its online filing service.

Are nonprofit corporations required to file annual reports in North Dakota?

Yes, nonprofit corporations are required to file annual reports in North Dakota, and the process is similar to that of for-profit corporations.

Can an annual report be filed using a paper form in North Dakota?

Yes, annual reports can be filed using a paper form, which can be obtained by contacting the Secretary of State’s office.

What information is required in an annual report in North Dakota?

An annual report in North Dakota must include the name of the corporation, its North Dakota registration number, and financial information.

Can an annual report be filed by someone other than the corporation’s registered agent in North Dakota?

Yes, an annual report can be filed by someone other than the corporation’s registered agent, as long as they have been authorized to do so.

How long does it take for an annual report to be processed in North Dakota?

It may take up to one week for an annual report to be processed in North Dakota, but expedited options are available for an additional fee.

What is the penalty for filing a false annual report in North Dakota?

Willfully submitting false information on an annual report in North Dakota is a class A misdemeanor, which is punishable by a fine of up to $2,000 or imprisonment for up to one year.

Is a North Dakota resident agent required to file an annual report on behalf of a corporation?

No, a resident agent is not required to file an annual report on behalf of a corporation in North Dakota.

What happens if the Secretary of State does not receive an annual report in North Dakota?

If the Secretary of State does not receive an annual report in North Dakota, they will send a notice informing the corporation of this failure, and late fees will be assessed after the two-month grace period.

Does an LLC have to file an annual report in North Dakota?

Yes, LLCs are required to file annual reports in North Dakota, which are due on the first day of their anniversary month similar to corporations.

What happens if the State of North Dakota dissolves a corporation?

If the State of North Dakota dissolves a corporation, all its assets will be disposed of in a manner that clears all objections, subjects to all mortgages of record, and the share of payment to owners of capital stock and/or depositors.

Is it necessary to file an annual report in the first year of business activity in North Dakota?

No, it is not necessary to file an annual report in the first year of business activity in North Dakota, but an initial filing is required if it is the corporation’s first filing.

Are partnerships required to file an annual report in North Dakota?

No, partnerships are NOT required to file an annual report in North Dakota as they are not required or authorized for registration in ND.

How often are annual reports required to be filed in North Dakota?

Annual reports are required to be filed every year in North Dakota by family corporations, LLCs and professional LLCs.

How can a foreign corporation apply for North Dakota registration?

A foreign corporation can register in North Dakota by submitting an application for a certificate of authority along with the annual registration fee and appointing a registered agent located in North Dakota.

What is the time limit for filing of the annual report?

The annual report must be filed on or before the specified date as given in the notice of the filing from the state for form name “Corporate or Business Entity Annual Report”.

What process is required for filing the annual report?

The user filing process can vary depending on if the corporation was previously filing its corporate annual meeting in a pen and paper way or it is newly opening as well as E-form facility presence.

What information should business owners include with their renewal?

If employers file as sole-proprietor, only tentative reports will suffice with personal tax returns. In other cases, tentative or actual reports, per status, are to be submitted with equivalent recent taxable returns. For existing entities simple identifications are sufficient for starters.

What happens when the reporting responsibilities are not established correctly?

Not staying in compliance with this State’s obligations in regards to reporting statues will lead to being forfeited during the initial anniversary date for registration or lose of choosing business entities courses.

Is there an authority, the Secretary of State, where companies would inform of latest updates of important changes in the company?

ND SOS accepts email or mail as main resources of communication for informing new updates related to regulatory requisites changes such as Commercial Registered Office Providers required filings to the Memorandum, Articles of Incorporation/Formation, Annual Reports and more, inclusive of requesting Certificates of Good Entity Status. You may sign up at [email protected] or request here.

Do LLC units have number of document filing fees to submit at office?

First time tenancy application filers are expected to initiate the process by applying for Articles of Incorporation on obtaining the updated fees tables list on the various fees expected to be fixed with legislative adjustments for payment.

Is there any additional costs associated with the filing of annual reports online?

Paying with a credit or debit card to file formalities at ND SOS will entail a fee required by the card, a percentage of the transacted value or ca. $0,26. If wire transfer originally chosen as the payment mode, updating arrival transactions fees on bank receipt can be levied and sought.

How to Correct Error in Your Annual Report of North Dakota LLC

One of the first steps in correcting errors in your annual report is to identify the mistake. This may seem obvious, but it can sometimes be challenging to pinpoint where exactly the error occurred. Take the time to carefully review all of the financial information in your report, comparing it to the original source documents to ensure accuracy.

Once you have identified the error, it is important to determine the cause. Was it a data entry mistake, a calculation error, or perhaps a misunderstanding of accounting principles? Understanding how the error occurred will help you prevent similar mistakes from happening in the future.

Once you have identified and understood the error, the next step is to correct it. In North Dakota, LLCs can generally correct errors in their annual reports by filing an amendment with the Secretary of State’s office. This amendment should clearly outline the nature of the error and provide the correct information. Be sure to include any necessary supporting documentation to back up the corrections being made.

It is important to act quickly when correcting errors in your annual report. Delaying the correction could lead to further complications down the line and could damage the reputation of your business. By promptly addressing the issue, you demonstrate a commitment to transparency and accuracy in your financial reporting.

In addition to formally correcting the error with the Secretary of State’s office, it is also a good idea to communicate the correction to any stakeholders who may be impacted by the mistake. This could include investors, lenders, or business partners. Transparency is key in maintaining trust and confidence in your company, and keeping stakeholders informed of any corrections shows that you take your reporting obligations seriously.

Finally, take the time to review your internal processes and procedures to identify any potential weaknesses that may have contributed to the error. Implementing measures to improve accuracy and prevent future mistakes will help you avoid similar issues in future annual reports.

Mistakes happen, but how you respond to them is what sets a good business apart from a great one. By promptly and accurately correcting errors in your annual report, you demonstrate integrity, transparency, and a commitment to the highest standards of financial reporting. Be diligent, be proactive, and be thorough in your efforts to correct any errors, and you will set your business up for long-term success.

Conclusion

Filing a North Dakota LLC annual report is essential to maintaining compliance and good standing with the state. Keeping organized records, being aware of filing deadlines, and submitting accurate information will help ensure your LLC remains in good standing and can continue operating smoothly. Remember to stay on top of your filing requirements and consult professional help to keep your North Dakota LLC compliant and successful. Visit LLCBase to learn more about maintaining compliance and good standing in North Dakota.