Registered Agents

North Dakota was the first state to adopt the Model Registered Agents Act. The Sixtieth Legislative Assembly of North Dakota adopted Senate Bill Number 2153 and was signed by Governor John Hoeven on March 16. 2007. The bill went into effect on July 1, 2008.

N.D.C.C., Chapter 10-01.1 removed the specific sections of law related to registered agents, registered office addresses, and service of process from the various business entity chapters and consolidated those provisions into one chapter of law. In so doing, these issues will be administered in the same manner by all entities administered by the Secretary of State.

An entity registered with the Secretary of State must continuously maintain a commercial or noncommercial registered agent and address in North Dakota. An entity cannot serve itself as registered agent.

Commercial Registered Agent:

A commercial registered agent has a Commercial Registered Agent Listing Statement filed with the Secretary of State and may be one of the following:

  • An individual residing in North Dakota,
  • A domestic or foreign corporation registered with the Secretary of State and having a business office in the State of North Dakota, or
  • A domestic or foreign limited liability company registered with the Secretary of State and having a business office in the State of North Dakota.

Noncommercial Registered Agent::

A noncommercial registered agent may be one of the following:

  • An individual residing in North Dakota,
  • A domestic or foreign corporation registered with the Secretary of State and having a business office in the State of North Dakota, or
  • A domestic or foreign limited liability company registered with the Secretary of State and having a business office in the State of North Dakota.

Voluntary Registered Agent Appointment by Non-filing Entity:

There are entities that do not have an entity registration filing required with the Secretary of State, i.e. national banks, trusts, out-of-state insurance companies, unincorporated foundations, etc. Under the provisions of N.D.C.C, chapter 10-01.1, these entities may choose to appoint a registered agent in the State of North Dakota and file that appointment with the Secretary of State. They may choose to appoint a commercial or noncommercial registered agent.