Vendors

Vendor Registration with the Secretary of State

A person or vendor considering bidding on a state contract to provide services or supplies to a state government agency must register with the Secretary of State before a state contract is awarded (NDCC Section 54-44.4-09). Registration with the Secretary of State is not tied to any specific dollar amount. The registration must remain active for the duration of the contract period. Consent to use a business name may be needed if another business is already registered in North Dakota with the same or similar name.

For information on state contracts, including procurement processes, vendor registration guidelines, and being placed on the bidders list, contact the North Dakota Procurement Office.

Registration with the office of the Secretary of State can be completed using the FirstStop Business Portal. For assistance with finding the correct online form, use the ‘Start a Business’ form to:

  • Choose the filing type for an in-state or out-of-state business,
  • Determine the business structure (e.g., corporation, limited liability company), and
  • Utilize the chosen online form to complete the filing.

To verify a business's registration with the Secretary of State and confirm the SOS Control ID#, use the Business Records Search. If the name cannot be found, contact this office as registration may not have been completed.

The statutory provisions for the required registrations can be found in the North Dakota Century Code.

Common Business Types

Please note: For the purposes of business registration, “domestic” refers to in-state and “foreign” refers to out-of-state and out-of-country.

Sole Proprietor and Trade Name

  • Sole Proprietor - individuals who do business under their personal name (such as “Joe Smith” or “Joe Smith Painting”) do not have to register with the Secretary of State, unless auctioneering. Any person that engages in business under a trade name must register that trade name with the Secretary of State. A trade name is a name assumed to identify the business or activities of an individual or organization.
  • Trade Name - often referred to as a “doing business as” or “dba” name. A sole proprietor that is auctioneering, doing business under a name other than his or her own personal name, or a business doing business under a name other than the business’s registered name would utilize a Trade Name. Trade names must be registered with the Secretary of State and pay a fee of $25. (NDCC Chapter 47-25)

Corporation and Limited Liability Company (LLC)

Domestic (North Dakota based)

  • Corporation – must be active and file Articles of Incorporation with the Secretary of State and pay a fee of $100. (NDCC Chapter 10-19.1) A registered agent must be maintained in North Dakota.
  • Limited Liability Company (LLC) – must be active and file Articles of Organization with the Secretary of State and pay a fee of $135. (NDCC Chapter 10-32.1) A registered agent must be maintained in North Dakota.

Foreign (based outside of North Dakota)

  • Corporation - businesses incorporated in another state or outside of the United States must file a Foreign Corporation Certificate of Authority Application with the Secretary of State and pay a fee of $145. This application must be supported by a certificate that verifies the existence and active status of the corporation and is duly authenticated by the incorporating officer of the state or foreign jurisdiction where the corporation is incorporated. A registered agent must be maintained in North Dakota.
  • Limited Liability Company (LLC) – businesses organized in another state or outside of the United States must file a Foreign Limited Liability Company Certificate of Authority Application with the Secretary of State and pay a fee of $135. This application must be supported by a certificate that verifies the existence and active status of the LLC and is duly authenticated by the organizing officer of the state or foreign jurisdiction where the LLC is organized. A registered agent must be maintained in North Dakota.

If a corporation or LLC uses a business name other than its corporate or LLC name (also known as a dba), it must be registered as a trade name with the Secretary of State with a fee of $25. (NDCC Chapter 47-25)

General partnership

General Partnership - a general partnership that engages in business under a fictitious name must register a Fictitious Partnership Name Certificate with the Secretary of State and pay a fee of $25 for the first two partners and $3 for each additional partner. (NDCC Chapter 45-11)

Other

For additional available business entity types, visit the Secretary of State’s FirstStop Business Portal.

For additional questions, contact our Business Services Team at 701-328-2900 or email sosbir@nd.gov for assistance.