• Organizers file the articles of organization, along with the required processing fees, with the North Dakota Secretary of State. Once the filing is officially approved, the certificate of organization is issued, and the business begins its existence as a separate legal entity. The Articles may specify a later effective date which is not more than ninety days after the date on which the certificate of organization is issued.
• First, choose the name of your LLC. The name must be clearly different from the name of another business. So, at no extra charge, Proactive Management will perform three name searches to determine if your desired name(s) are available.
• This name must also include "limited liability company" or any abbreviation thereof such as "LLC, " or "L.L.C."
• The name must not include "corporation," "incorporated," "limited partnership," "limited liability partnership," "limited liability limited partnership" or any abbreviation of these words 
• May not be a farming limited liability corporation unless
  • Must not have more that fifteen members
  • Each member must be related to the others within one degree of kinship: parent, son, daughter, stepson, stepdaughter, grandparent, grandson, granddaughter, brother, sister, uncle, aunt, nephew, niece, great-grandparent, great-grandchild, first cousin, or the spouse of a person so related
  • Each member must be an individual, a trust for those related to every member within the degree of kinship described above, or the estate of a decedent who was related to every member within the degree of kinship described above
  • Trusts and estates may not be member if the number of beneficiaries plus other member total more than fifteen
  • Individuals who are member must be United States citizens or permanent resident aliens
  • Governors and managers must be actively engaged in farming or ranching
  • At least one member must be an individual residing on the farm or ranch
  • An annual average of sixty-five percent of the corporation's gross income over the last five years must be from farming or ranching
  • Income from non-farm rent, royalties, interest, dividends, and annuities may not exceed twenty percent of gross income
• The Articles of Organization will address
  • The name, address, and signature of each organizer, all of whom must be at least 18 years old.  Only one incorporator is required.
  • Street address of the registered office and the name of the registered agent at such office. The registered office can be the same as the limited liability company's place of business and the registered agent can be an officer/owner of the LLC. 
  • The names and addresses of the first board of governors need not be included in the Articles
  • By default, the duration of the LLC's existence is  perpetual
  • Unless some other statute requires organization for a specific purpose, a limited liability company may organize for any lawful business or purpose. Unless otherwise indicated, an LLC has general business purposes.

Disclaimer - Not Providing Legal Services - Proactive Management, Inc. presents the material on this site as general information only. It is not offered as and does not constitute legal advice or legal opinion and should not serve as a substitute for advice from an attorney or accountant familiar with the facts of your specific situation. We provide business formation services. We are not a law firm and do not provide legal or tax advice or services. We make no warranty, express or implied concerning the accuracy or reliability of the content at this site or at other sites to which we link.