Many business structures must maintain a North Dakota registered agent that has a physical address in North Dakota. A registered agent (also known as a resident agent or a statutory agent) accepts any notifications of legal action, notice, or demand related to the business and provides those notices to the business (NDCC ch. 10-01.1).
A business may not serve as its own registered agent. However, an individual from the business could serve as the noncommercial registered agent if they reside in North Dakota. Businesses must obtain an agent's approval before naming them as a commercial or noncommercial registered agent. Failure to obtain approval from the named agent may result in the involuntary dissolution of your business. Proof of the approval is not required to be filed with the Secretary of State.
Serving as the registered agent does not cause an individual to be liable for the actions of the organization for which they serve as registered agent.
There are two types of registered agents - Commercial and Non-Commercial
A commercial registered agent is a person or business that has filed a Commercial Registered Agent listing with the Secretary of State. This designation as a commercial registered agent can be verified from the list of commercial registered agents in the FirstStop Portal. If you choose a commercial registered agent, you do not need to provide the address of the commercial registered agent.
Commercial agents may be one of the following:
- Individual residing in North Dakota
- North Dakota or out-of state (foreign) corporation registered with the Secretary of State and having a business office in the State of North Dakota
- North Dakota or out-of-state (foreign) limited liability company registered with the Secretary of State and having a business office in the State of North Dakota
Fees:
- Inclusion in Secretary of State Commercial Registered Agent Listing - $1,000
- Termination/Removal from Commercial Registered Agent Listing - $500
Available after inclusion in listing:
- Statement of change of address (not resulting from rezoning or postal reassignment) - $10
- Updates addresses for all businesses represented by Commercial Registered Agent
- Service of process on Secretary of State - $25
- Resign as a Commercial Registered Agent - No Fee
A noncommercial registered agent may be one of the following:
- Individual residing in North Dakota
- North Dakota or out-of state (foreign) corporation registered with the Secretary of State and having a business office in the State of North Dakota
- North Dakota or out-of-state (foreign) limited liability company registered with the Secretary of State and having a business office in the State of North Dakota
A corporation or limited liability company appointed as a noncommercial registered agent must be authorized to transact business in North Dakota, have a physical address in North Dakota, and be in good standing with the Secretary of State.
If you choose a noncommercial registered agent, your filing must include a complete physical address in North Dakota for that agent.
Fees:
Statement of change of noncommercial registered agent or address (not resulting from rezoning or postal reassignment) - $10
Service of process on Secretary of State - $25
Resignation of noncommercial registered agent - No Fee
If you are currently appointed as a registered agent for a business and no longer wish to be, you may file a statement of resignation with the Secretary of State. The resignation statement must include:
- The name of the business
- Your name as registered agent
- A statement that you resign from serving registered agent for the organization
- The name and address of the entity where you will promptly furnish notice of your resignation
If you are named as registered agent without your knowledge or approval, contact our office.