1. North Dakota LLC – Annual Report Filing
2. North Dakota Annual Report Filing Fee
3. Processing Time and Due Dates for Annual Report Filing
4. Penalty for Late Submission of North Dakota Annual Report

North Dakota LLC – Annual Report Filing

A North Dakota Annual Report must be filed yearly once an LLC (Limited Liability Company) has formed in the state to keep their business information up-to-date.

Annual Reports keep LLCs in North Dakota in good standing and makes sure that they are in compliance with all North Dakota Secretary of State requirements.

An Annual Report for an LLC in North Dakota may be filed via mail or fax. Reports are not yet able to be submitted online because the state was still in the process of creating its online system in the beginning of 2017. 

Specific corporations that are registered in North Dakota must update their information with the Secretary of State periodically. All corporations in North Dakota must update their information with the state on a yearly basis. Corporations must also file Annual Reports with the state to keep their information up-to-date.

North Dakota Annual Report Filing Fee

The fees for filing annual reports vary depending on the type of business and are as follows:

  • Domestic or foreign PLLCs (Professional Limited Liability Companies) and LLCs pay $50 (no refunds allowed, so be sure to verify all information is correct and contact the state with questions).
  • Domestic or foreign Profit Corporations, Farm Corporations, and Professional Corporations pay $25.
  • Domestic or foreign non-profit organizations pay $10.
  • Domestic or foreign GPs (General Partnerships), LPs (Limited Partnerships), LLPs (Limited Liability Partnerships), LLLPs (Limited Liability Limited Partnerships), and PLLPs (Professional Limited Liability Partnerships) pay $25.
  • All charities pay $10.

Processing Time and Due Dates for Annual Report Filing

Annual Reports will always be processed within two to three months based on whether the business filed their report by mail or fax. Other states tend to process reports a bit faster than North Dakota. 

Due dates for the Annual Report differ for each type of company in North Dakota. They are:

  • Domestic or foreign LLCs and PLLCs: November 15
  • Domestic Corporations and PCs: August 1
  • Foreign Corporations and PCs: May 15
  • Domestic or foreign non-profits: February 1
  • Domestic or foreign GPs, LLPs, LPs, LLLPs, and PLLPs: April 1
  • Charities: September 1

Once the Articles of Organization are approved for the LLC, an Annual Report will be due the following year. So, an LLC approved on November 23, 2016, will have an Annual Report due on November 15, 2017. An LLC approved on February 3, 2016, will also have an Annual Report due on November 15, 2017.

The Initial Report for Farming or Ranching (or the First Annual Report for LLCs that practice farming or ranching) is due as soon as the organization completes its Articles of Organization. Subsequent Annual Reports for Farm LLCs will be due on April 15 every year.

Penalty for Late Submission of North Dakota Annual Report

When filing by mail, envelopes carrying the Annual Reports for LLCs must be postmarked by November 15 to avoid penalties. Faxes sent and dated by November 15 for Annual Reports for LLCs will also avoid penalties. The same thing goes for Farming LLCs but with the April 15 due date.

Annual Reports filed after the due dates will incur the following fees (in addition to their filing fees):

  • Domestic or foreign LLCs and PLLCs: $50
  • Domestic or foreign Profit Corporations and PCs: $20
  • Domestic or foreign non-profits: $5
  • Domestic or foreign Partnerships (including LLPs, LPs, LLLPs, and PLLPs): $20

North Dakota LLCs that miss their filing deadline by over six months will be terminated by the Secretary of State. Annual Report reminders are sent out to the LLC's address for their Registered Agent 60 days before the due date. Email reminders are not sent, so the LLC should set up their own electronic reminders to avoid fees or termination.

Annual Reports can be filed once the reminder from the Secretary of State is received, usually 60 days before the report is due. Corporations also incur late fees if their Annual Reports are not filed by the August 1 due date. Corporations and Professional Corporations will have their charters or authorities removed if they miss their due date by one year. LLCs, PLLCs, and Partnerships are dissolved when they miss their deadline by six months. North Dakota charities do not incur penalties, but they lose their ability to solicit in the state.

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