A farm limited liability company must file an annual report with the Secretary of State:
- On or before April 15th of each year. The first annual report is due in the year following that in which the limited liability company was initially chartered with the Secretary of State.
- On the form prescribed by the Secretary of State. If the limited liability company did not receive an annual report form, contact the Secretary of State’s office for another form. The farm limited liability company annual report is not yet available on this website.
An annual report may be filed with the Secretary of State:
- By mailing a signed report to:
Annual Report Processing Center
Secretary of State
State of North Dakota
PO Box 5513
Bismarck ND 58506-5513
- By faxing the report with credit card payment authorization to 701-328-2992. When faxing the report, print and maintain the fax log for proof of time and date of transmission. A report received in the Secretary of State’s office after the required date will be subject to the late filing penalty unless a fax log can be produced showing transmission prior to the required date.
If a farm limited liability company chooses not to file an annual report by the required date, or file a voluntary termination of their charter, state law requires the Secretary of State to revoke the limited liability company charter six months after the report is due.
The annual report must disclose the following:
- Limited liability company name
- Name and address of the registered agent in North Dakota
- Federal ID number to help maintain accurate limited liability company records
- Telephone number of the principal place of business
- Address of the principal place of business
- Names and addresses of all managers or governors, or the names and addresses of the managing member or members
- With respect to members;
- Names and addresses of all;
- Relationship to each;
- Trusts and estates holding membership interests with relationship of beneficiaries to members;
- Number of membership interests or percentage of membership interests owned by each;
- A statement whether each is a citizen or permanent resident alien of the United States; and
- A statement whether at least one is an individual residing on or operating the farm or ranch.
- Statement listing the acreage (hectarage) and location listed by section, township, range, and county of all land in the state owned or leased by the limited liability company and used for farming or ranching
- Statement of the percentage of annual average gross income which has been derived from farming or ranching operations over the previous five years or for each year of existence if less than five years
- Statement of the percentage of gross income derived from nonfarm rent, nonfarm royalties, dividends, interest, and annuities during the period covered by the report
- Name, e-mail address and day-time telephone number of a contact person; and
- Signature of person authorized to submit the annual report.
Annual report fees:
- $50 if the annual report mailer is postmarked on or before April 15th.
- $100 if postmarked after April 15th .
- Checks for payment must be made payable to the Secretary of State and must be negotiable United States funds.
- Credit card payment is acceptable via Visa, MasterCard, Discover, or American Express.
- Late filing penalty fees will apply if an annual report is initially received in the office of the Secretary of State after the required date and the envelope or mailer does not bear a legible postmark date prior to April 16th. Late filing penalty fees will also apply if the Secretary of State returns an annual report to the filer for corrections, additional information, or payment and the filer fails to correctly respond within 30 days after the initial correction notice.
Reinstatement after involuntary revocation:
- May occur within one year after the revocation date.
- Achievable by filing the past-due annual report with $100 and paying a reinstatement fee of $135
- After the one-year reinstatement period following the revocation, reinstatement can only occur by a court order obtained from North Dakota's Burleigh County Court filed with the Secretary of State. The court order must be accompanied by the most recent past-due annual report, filing and penalty fees for all past-due annual reports, and the reinstatement fee.
The Secretary of State shall delete or obscure any of the following before releasing a copy of an annual report to the public:
- Any social security number,
- Email address, and
- Federal tax identification number.