North Dakota Foreign Qualification

Foreign qualification with the Secretary of State in North Dakota is the process by which a business that was originally formed in another state obtains the legal authority to operate in North Dakota. This involves submitting an application and paying a fee to ensure compliance with state laws and regulations.

There are 4 different ways to foreign qualify in North Dakota depending on your legal entity type and tax classification. Follow the guide below to help you register with the Secretary of State in North Dakota or use Mosey to do it.

Use Mosey to register with the Secretary of State in North Dakota.

North Dakota Foreign Registration for Corporation

As a foreign corporation, if you are “transacting business” in North Dakota, you must register with the Secretary of State by filing a Foreign Corporation Certificate of Authority. North Dakota provides a non-exhaustive list of activities that do not constitute “transacting business” in lieu of defining “transacting business.”

  1. Acquire a Certificate of Existence

    North Dakota requires a Certificate of Existence (also known as a Certificate of Good Standing) from your home state dated within 90 days to be submitted with your registration documents.

  2. Establish a Registered Agent

    You must continually maintain a registered agent in North Dakota to accept service of process. Your registered agent can be an individual who resides in North Dakota or a company registered with the Secretary of State that has a business office in North Dakota.

  3. Create a North Dakota Login Account

    If you have not done so already, create a ND Online login.

  4. Complete and Submit a Foreign Corporation Certificate of Authority

    Log in to FirstStop with your North Dakota Login account then select “Enter PIN” to prepare the Certificate of Authority, upload all required documents, pay the filing fee, and submit your foreign registration documents to the Secretary of State.

North Dakota Foreign Registration for Corporation

If you are “transacting business” in North Dakota, you must register with the Secretary of State by filing a Foreign Nonprofit Corporation Certificate of Authority Application. North Dakota provides a non-exhaustive list of activities that do not constitute “transacting business” in lieu of defining “transacting business.”

  1. Obtain a Certificate of Existence

    North Dakota requires a Certificate of Existence (also known as a Certificate of Good Standing) from your home state dated within 90 days to be submitted with your registration documents.

  2. Establish a Registered Agent

    You must continually maintain a registered agent in North Dakota to accept service of process. Your registered agent can be an individual who resides in North Dakota or a company registered with the Secretary of State that has a business office in North Dakota.

  3. Create a North Dakota Login Account

    If you have not done so already, create a North Dakota Login employer account to access the FirstStop online services needed to file your registration.

  4. File a Certificate of Authority Application

    Log in to FirstStop Online Services using your North Dakota Log in to file the Foreign Nonprofit Corporation Certificate of Authority Application, upload all required documents, and pay the filing fee with the Secretary of State.

North Dakota Foreign Registration for LLP

If you are “transacting business” in North Dakota, you must register with the Secretary of State by filing a Foreign Limited Liability Partnership Registration form. North Dakota provides a non-exhaustive list of activities that do not constitute “transacting business” in lieu of defining “transacting business."

  1. Obtain a Certificate of Existence

    North Dakota requires a Certificate of Existence (also known as a Certificate of Good Standing) from your home state dated within 90 days to be submitted with your registration documents.

  2. Establish a Registered Agent

    You must continually maintain a registered agent in North Dakota to accept service of process. Your registered agent can be an individual who resides in North Dakota or a company registered with the Secretary of State that has a business office in North Dakota.

  3. Create a North Dakota Login Account

    If you have not done so already, create a North Dakota Login business account to access the FirstStop online services with the Secretary of State.

  4. File Foreign Limited Liability Partnership Registration

    Log in to your North Dakota Login account with the FirstStop online services to submit your Foreign Limited Liability Partnership Registration form, upload all required supporting documents, pay the filing fee to the Secretary of State.

North Dakota Foreign Registration for LLC

As a foreign limited liability company, if you are “transacting business” in North Dakota, you must register with the Secretary of State by filing a Foreign Limited Liability Company Certificate of Authority. North Dakota provides a non-exhaustive list of activities that do not constitute “transacting business” in lieu of defining “transacting business."

  1. Acquire a Certificate of Existence

    North Dakota requires a Certificate of Existence (also known as a Certificate of Good Standing) from your home state dated within 90 days to be submitted with your registration documents.

  2. Establish a Registered Agent

    You must continually maintain a registered agent in North Dakota to accept service of process. Your registered agent can be an individual who resides in North Dakota or a company registered with the Secretary of State that has a business office in North Dakota.

  3. Create a North Dakota Login Account

    If you have not done so already, create a ND Online login.

  4. Complete and Submit a Certificate of Authority

    Log in to FirstStop with your North Dakota Login account. Then, select “Enter PIN” to prepare the Certificate of Authority, upload all required documents, pay the filing fee, and submit your foreign registration documents to the Secretary of State.

What else do I need to know?

Once you are registered with the Secretary of State, you may have additional requirements to maintain your "good standing" in the state. Failing to do so can result in fines, back taxes, and forfeiting certain priveleges within the state.

Maintaining a Registered Agent

Most states require that you have a registered agent that can receive important mail from the Secretary of State should they need to contact you. There are many commercial options available or you can use Mosey to be your registered agent and keep your information private in North Dakota.

Annual Reports and Taxes

In addition to maintaining a registered agent, most states require you to file a report annually. Registration can also trigger state taxes such as a franchise tax or income tax. You can use Mosey to identify these additional requirements to maintain good standing in North Dakota.

North Dakota's Foreign Qualification Agencies

Review your compliance risks, free.

More from the blog

Learn how to keep your business compliant in all 50 states across payroll, HR, Secretary of State, and tax.

Doing Business in Florida as a Foreign Corporation

Suppose you’re a business leader, HR head, startup founder, or a key finance and people management player looking to expand across state lines. In that case, this is your essential guide to navigating the complexities of business as a foreign corporation in Florida. We’ll dive into everything you must know about becoming a foreign corporation, how to register, and what you can expect when expanding your business into the Sunshine State.

Kaitlin Edwards | Mar 12, 2024

When and How To Set Up Workers’ Compensation: A 2024 Guide

Workers’ compensation is a federal requirement for most employers. Most small to mid-sized companies (SMBs) must obtain worker’s compensation insurance, make regular contributions, and maintain a safe work environment for their employees. Here’s what SMBs need to know about workers’ compensation requirements and how Mosey can help with state compliance. What Is Workers’ Compensation? Workers’ compensation is a type of insurance that provides medical benefits and wage replacement to employees who suffer work-related injuries or illnesses.

Gabrielle Sinacola | Aug 12, 2024

W-2 Deadlines & Penalty for Employers Not Sending W-2

There are several important deadlines during tax season. There are deadlines for employers to follow regarding the preparation of necessary employee tax forms, and for employees to follow when filing their taxes. Workers cannot file their taxes properly if they don’t have the necessary forms or if certain forms aren’t filed on their behalf. If employers drop the ball with forms necessary for proper federal withholding, it creates a chain reaction.

Alex Kehayias | May 6, 2024

Ready to get started?

Schedule a free consultation to see how Mosey transforms business compliance.