Office of the Secretary of State Registration: Appointing a Registered Agent

Written by the Secretary of State staff

A registered agent is an individual or professional company designated to receive official mail, tax documents, and legal notices (like lawsuits) on behalf of your business. North Dakota law requires LLCs, corporations, and partnerships to appoint a registered agent to ensure a reliable point of contact at all times. Registered agents must maintain a physical address within North Dakota.

There are two types of registered agents – commercial and noncommercial.

Commercial Registered Agent

A commercial registered agent has filed the appropriate paperwork to be included on the list of commercial registered agents maintained by the Office of the Secretary of State in the FirstStop Portal. The list is made available during the business registration filing process. For an additional fee, a commercial registered agent may offer additional services to the business, such as helping with filing the annual report.

Noncommercial Registered Agent

A noncommercial registered agent can be an individual or a business registered with the Office of the Secretary of State. Businesses must provide the individual or business acting as their noncommercial registered agent, along with their physical North Dakota address, upon registering. A business may not serve as its own registered agent, but it can:

• Use another LLC or corporation as their registered agent, or
• Use an individual associated with the business as a noncommercial registered agent

You must contact and establish an agreement with a registered agent before listing them in your registration, including those chosen from the commercial registered agent listing. If you do not do this, the registered agent may not convey to you the communications they receive for your business, or they may contact the Office of the Secretary of State to remove their association with your business. If this occurs, you will be notified to appoint a new registered agent to prevent your business from being involuntarily dissolved. To update or appoint a registered agent, a person with authorized access to the registration record in the FirstStop Portal will need to file a Registered Agent Statement of Change form.

Visit the North Dakota Secretary of State website to learn more about registered agents. If you have questions or need assistance, you can call the Office of the Secretary of State’s business services division at 701-328-2900, sosbir@nd.gov, or schedule an online or in-person appointment.