You formed your North Dakota LLC. You did the paperwork. You started operating your business. And now, for one reason or another, you need to change your registered agent. No worries, we’ve got you covered.
There are a number of reasons you might need to change your North Dakota LLC’s registered agent. Maybe your designated registered agent moved out of state, left the company, or no longer wants the responsibility. Maybe you had assigned the job to yourself, and you no longer want your address on public record. Maybe (hopefully) your business has expanded so much that you no longer have time to handle the registered agent responsibilities.
Whatever your reason may be, changing a registered agent in North Dakota might seem like a daunting task, with a mountain of paperwork and legal proceedings involved. However it’s actually quite simple, and this guide will help make the process quick and painless.
North Dakota is one of several states who differentiate between commercial and noncommercial registered agents. The only difference between them is that a commercial agent has filed a Commercial Registered Agent Listing with the Secretary of State and noncommercial agents have not.
Time Saving Hack: You can change registered agent, get all state paperwork taken care of and have a replacement agent when you hire an online registered agent service.
What the State of North Dakota Says about changing a Registered Agent
The state of North Dakota has certain requirements for changing your LLC’s registered agent. Any business entity operating in North Dakota can change its commercial or noncommercial registered agent by submitting a “Commercial or Noncommercial Statement of Change” form to the Secretary of State’s office. This form requires information on the LLC and the new registered agent.
There’s an LLC FAQ section on the Secretary of State’s website that gives a good general overview of registered agents, and a deeper dive into the registered agent change process in North Dakota Century Code 10-01.1-08. For registered agent forms and other information, check out the designated registered agent page.
Who can be a North Dakota Registered Agent
You can’t pick just anyone to be a registered agent for your LLC. The state of North Dakota puts certain restrictions on who can serve as one. If you’re choosing or changing your registered agent, keep these requirements in mind. The registered agent in North Dakota must:
- Be an individual North Dakota resident or a business entity located in North Dakota
- Have a North Dakota street address (P.O. boxes are not allowed)
* If your registered agent is a foreign business entity, it must be authorized to transact business in North Dakota
How to Change Your North Dakota Registered Agent
When you’re ready to change your registered agent, navigate to the Secretary of State’s registered agents page and, at the bottom, you’ll find the “Commercial or Noncommercial Registered Agent Statement of Change” form. Here’s the information you’ll need to fill it out:
- LLC Name (exactly as it appear in the Secretary of State records)
- Federal ID Number
- Name of new commercial or noncommercial registered agent
- Registered agent address (if noncommercial)
- New agent consent
- Filer contact information
There’s a $10 fee to change your registered agent and you can pay it by check (made payable to “Secretary of State”) or card. For card payments, there’s a space for your card information at the bottom of the form.
All finished? Mail your Statement of Change and payment to:
Secretary of State
State of North Dakota
600 E Boulevard Avenue, Dept. 108
PO Box 5513
Bismarck ND 58506-5513
You can also fax your document to (701) 328-0106, although this will not expedite the process.
If you’re too busy, or if you’d feel more comfortable letting someone else take the reins, you have the option of hiring a company or individual to file your paperwork for you. It’s a great way to save time and stress.
Submit your form? Pay your fee? All that’s left to do is wait. Processing time for the Secretary of State’s office can take up to four weeks and, unfortunately, there are no options for expedited service.
Consider a Registered Agent Service
Think of your registered agent as a mediator between you and the state of North Dakota, the person or business entity that handles some of your most important paperwork.
In case you thought the registered agent was just a formality, look at the documents they handle:
- service of process notices
- tax information
- and other Secretary of State correspondence.
A lot of important stuff. Which is why a reliable registered agent is essential to every North Dakota business owner.
By handling high-priority and sensitive documents on your behalf, your registered agent takes care of your communications with the state, so you can spend more time building your business.
Plus, if you operate a North Dakota small business from out of state, a trustworthy registered agent is especially important, as the state requires a local contact for your LLC. Having this contact ensures your company will receive and respond to time-sensitive documents, so you won’t miss filings and get hit with penalties.
If you’re unsure where to find a good North Dakota registered agent, consider using a registered agent service. These companies provide you a reliable, professional registered agent so you can have peace of mind knowing you won’t ever miss a filing, tax deadline, or state correspondence.
Sure, you can jump online, search “registered agent service,” and get a ton of results. But the truth is that not all of these services are trustworthy. So, we’ve done some research for you. If you want to know you’re getting a top-quality registered agent, take a look at our comparison guide on the top five registered agent services.