Annual Report

A farm corporation 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 corporation was initially chartered with the Secretary of State.
  • On the form prescribed by the Secretary of State. If the corporation did not receive an annual report form, contact the Secretary of State’s office for another form. The farm corporation 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 corporation chooses not to file an annual report by the required date, or file a voluntary dissolution of their charter, state law requires the Secretary of State to revoke the corporation’s charter one year after the report is due.

The annual report must disclose the following:

  • Corporation name
  • Name and address of the registered agent in North Dakota
  • Federal ID number to help maintain accurate corporate records
  • Telephone number of the principal place of business
  • Address of the principal place of business
  • Names and addresses of all officers and directors
  • With respect to shareholders;
    • Names and addresses of all;
    • Relationship to each;
    • Trusts and estates holding shares with relationship of beneficiaries to shareholders;
    • Number of shares or percentage of shares 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 corporation 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:

  • $25 if the annual report mailer is postmarked on or before April 15th.
  • $45 if postmarked after April 15th and before July 15th.
  • $85 if postmarked after July 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 $85 and paying a reinstatement fee of $135.

Confidential information

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
  • Federal tax identification number; and
  • Numbers of issued shares.

Information regarding the issued shares may be disclosed as follows:

  • To a person who verifies by affidavit to be a shareholder of the corporation;
  • To the legal representative of a person who verifies by affidavit to be a shareholder of the corporation; and
  • To the North Dakota Tax Commissioner or any employee or legal representative of the Tax Commissioner, who may not disclose the information and may use the information only for the administration of North Dakota’s tax laws.