The state requires a North Dakota Certificate of Authority (NCOA). This document certifies that a corporation, LLC, partnership, or unincorporated association has been formed under the laws of North Dakota. An NCOA must be filed with the Secretary of State’s Office within 30 days of incorporation. If you are incorporated outside North Dakota, you still need to obtain an NCOA.
Your company needs to file a certificate of good standing to operate. You can do this online. You can pay $50 plus filing fees.
In North Dakota, a registered representative is required. Harvard Business Service can assist you with setting one up.
Opening a physical office or location in North Dakota is easy. There is no fee for opening a branch. However, there is a $100 application fee.
Hiring employees is easy and affordable. You can hire anyone over age 18. You just need to fill out an employment application form.
Maintaining bank accounts is easy and cheap. There are many banks in North Dakota. They offer free checking accounts.
Licensing authority is easy and cheap. You don’t need to pay licensing fees.
Table of Contents
What is an ND certificate of authority?
A certificate of authority allows companies operating in North Dakota to do business legally. Companies must apply to obtain a certificate of authorization. This process involves filing papers with the secretary of state and paying fees. Once approved, the company receives a document called a certificate of authority.
Most businesses require a certificate of authority to conduct business in North Dakota without being sued.
What kind of certificates do I need?
A Certificate of Authority (COA) allows you to open an Office or Physical Location in Another Country. If you are opening an office or physical location overseas, you must apply for the COA. You cannot simply open an office or physical address in another country without one.
Before Starting a Contract or Job Abroad, You Must Obtain a Certificate of Authority
If you are starting a contract or job abroad, you must apply for a Certificate of Authority. This applies whether you are hiring someone locally or recruiting internationally. In either case, you must complete the application process and pay the required fees before starting work.
To Apply For a Certificate of Authority, Follow These Steps
1. 2. Click on “Apply Online”
3. Enter your information and submit the form.
How do I become an official agent for the state of North Dakota?
The North Dakota Secretary of State’s Office requires each applicant to submit a $50 fee to complete the application process. Once submitted, applicants are required to wait approximately two months for approval. Applicants must provide proof of their legal name, address, date of birth, Social Security number, driver’s license number, passport number, and a copy of their current passport.
Applicants must also provide copies of the following documents:
• A certified copy of the articles of incorporation;
• Proof of the corporation’s existence;
• Articles of merger, consolidation, or dissolution;
• Copies of the most recent annual report;
• Copies or originals of all corporate resolutions passed since the corporation was formed;
For Foreign Corporations:
A foreign corporation must file an “application for a certificate of authority” if it does any business within North Dakota. This includes doing business through agents, representatives, or employees in North Dakota.
There are two ways to apply: Online and Paper Form.
The online form requires you to provide information about yourself and the corporation. You must include your name, address, phone number, email address, and the names of officers and directors.
You must submit the following documents:
• An original copy of the Articles of Incorporation;
• A certified copy of the latest annual report filed with the Secretary of State;
• A corporate seal affixed to the application;
For Foreign Limited Liability Companies:
1. File articles of organization with the secretary of state;
2. Obtain good standing from the secretary of state; and
3. File an application for a certificate of authority with the secretary of state.
The process for obtaining a COA varies depending on whether the foreign LLC is organized under federal law or state law. If the foreign LLC is organized under federal law, the foreign LLC must file Form SS-4 with the Securities and Exchange Commission. If the foreign LLC does not want to register securities with the SEC, For the foreign LLC must comply with the requirements set forth in Section 10(a)(1) of the Securities For Act of 1933. If the foreign LLC is organized according to state law, the foreign LLC needs to file an application for a certificate with the secretary of state and pay fees established by N.D.C.C. § 47-04-13.
Foreign Nonprofit Corporations:
A foreign nonprofit corporation must file a statement of organization with the Secretary of State if it wants to do business in North Dakota. The corporation must pay filing and registration fees and obtain a Certificate of Authority before doing business in North Dakota. The corporation receives a Certificate of Good Standing upon paying the required fees.
Foreign Professional Corporations:
A foreign professional corporation must file with the Secretary of State before doing business in North Dakotan.
The process is simple and free.
Foreign Limited Liability Partnerships:
A foreign limited liability partnership must apply to the secretary of state to obtain a certificate of authority to do business in the state. This includes applying with the secretary to register the name of the foreign limited liability partnership with the state.
Foreign corporations must apply with each state where it does business to obtain a certificate of authorization to transact business in those states.
Foreign Nonprofit LLCs:
The Secretary of State’s office will now accept a certificate of authority applications for foreign nonprofit LLCs. This includes those registered under Section 501(c)(3), Section 509(a)(1), Section 527(b)(2), Section 528(a)(1), or Section 529(a)(1). These are organizations that do not pay federal income taxes. They must file Form 1023/1025 with the IRS.
Frequently Asked Questions
What do I need from my home state?
As we know, many states require certain documents to become licensed in your state. These requirements vary depending on what type of entity you want to operate. For example, some states require that you file a limited liability company (LLC), while others require you to file a corporation.
But what do you need to file? What does it look like? And how long does it take? We put together a list of things you must file in each state to obtain a North Dakota certificate of authority.
How long does it take for the state to process the North Dakota certificate of authority?
The state of North Dakota requires applicants for a Certificate of Authority (CAA) submit documents to the Secretary of State’s office within 30 days of filing. You must pay $50 for each document submitted. You must complete the entire process in one transaction if you submit multiple documents. Documents can be mailed or delivered in person to the Secretary of State.
James Rourke is a business and legal writer. He has written extensively on subjects such as contract law, company law, and intellectual property. His work has been featured in publications such as The Times, The Guardian, and Forbes. When he’s not writing, James enjoys spending time with his family and playing golf.