North Dakota Registered Agent

Responsibilities of a North Dakota Registered Agent

Your registered agent serves as the main point of contact with the North Dakota secretary of state. Their essential duty is to accept notices from process servers and government staff, after which they deliver such documentation to you electronically or via regular mail.

The vast majority of legal entities are obligated to appoint a registered agent under North Dakota’s Registered Agent Act. The only exceptions are non-filing entities, including the following:

• National banks
• Out-of-state insurance companies
• Trusts
• Unincorporated foundations

While appointing a registered agent is voluntary for the above entities, corporations (profit and nonprofit), Limited Liability Companies (LLCs), and other filing entities must name an agent in their formation or foreign qualification filings.

Besides meeting state requirements, appointing an agent lets you respond promptly to any legal action against your organization. Without an agent—or with an inefficient one—you might fail to appear in court due to a missed lawsuit notice. This can result in a default judgment, meaning the verdict will automatically be delivered in the plaintiff’s favor.

Qualifications and Requirements for a North Dakota Registered Agent

According to North Dakota’s laws, a registered agent can be any of the following three:

1. An individual resident of the state
2. A domestic/foreign corporation with a business office in North Dakota
3. A domestic/foreign LLC with a business office in North Dakota

This means you can name a friend, employee, family member, or even yourself as a registered agent. You can also choose an organization, including specialized providers like Harbor Compliance, which many consider a superior option because of their increased reliability.

Commercial vs. Noncommercial Agents in North Dakota

North Dakota was the first state to implement the Model Registered Agent Act (MoRAA) in 2007. MoRAA distinguishes between commercial and noncommercial agents, and the following table explains both types:

Note that both individuals and organizations can either be commercial or noncommercial agents. The main difference is that the former can be browsed in the secretary of state’s list, which you can download from the website. Also, professional providers like Harbor Compliance typically fall under commercial registered agents.

The Process of Appointing and Changing a Registered Agent in North Dakota

A section dedicated to appointing a registered agent is included in your formation documents (Articles of Incorporation for profit and nonprofit corporations or Articles of Organization for LLCs). All you need to do is fill in the section with your agent’s details, and they’ll be named as your point of contact.

If you’re appointing a noncommercial agent, you need to include their name and address—known as a registered office. If you choose a commercial agent, only their name is required. The address is already familiar to the secretary of state because it’s included in the agent’s listing statement.

If your organization already operates in North Dakota, and you wish to change your agent, you can do it online through the state’s FirstStop filing system by following these steps:

1. Log into your account
2. Go to Update Registered Agent
3. Find and choose your organization
4. Go to File Amendment > Registered Agent/Office Statement of Change
5. Fill out the form and submit it

North Dakota Registered Agent Services by Harbor Compliance

Harbor Compliance’s Registered Agent Service offers the necessary infrastructure and know-how to ensure you never miss an important notice. By partnering with us, you get:

• Same-day electronic delivery of your notices and a phone call in case of a lawsuit
• A registered office in Fargo open during all regular business hours
• Online access to prefilled state forms for fast and convenient filing
• Presence in all 50 states, Puerto Rico, the District of Columbia, and select Canadian provinces—exceptionally convenient for multistate organizations

Our services are supported with advanced software that lets you manage your notices from a single, centralized platform. You’ll get an email as soon as we process your notice, which you can download from your Client Portal through the provided link. No matter how many states you operate in, our consolidated solution lets you stay on top of all official correspondence.

Besides the Registered Agent Service, we offer numerous solutions that help your organization meet state requirements effortlessly:

• Document filing and retrieval—Our Drop-off Filing service prioritizes your documents with the secretary of state, as we deliver them in person on your behalf. We can also retrieve your certificates of good standing and certified copies of official documents in North Dakota and any other state you operate in.
• Comprehensive entity lifecycle management—Whether you need help reserving a business name, obtaining your EIN, managing DBAs, or filing initial and annual reports, our services make the process quick and straightforward.
• Business licensing support—We can obtain and manage your general business licenses alongside industry-specific ones (architecture, construction, pharmacy, etc.)

Appointing an Individual Registered Agent vs. Partnering With Harbor Compliance

If you appoint yourself or another individual as your registered agent, you might expose your organization to several risks. Naming yourself damages your privacy, as your name and address would enter the public record. Worse yet, you could be served a lawsuit in front of colleagues and clients.

With another individual, there’s always a chance of missing a notice due to their absence. They might fall sick, travel, or have an emergency that prevents them from receiving your notice. In any case, you risk default judgment that can hurt your organization.

Harbor Compliance eliminates all of the above issues, so engaging with us gives you:

• Privacy—Our details will be listed with the secretary of state instead of yours.
• Security—We use industry-standard security measures when uploading and forwarding your notices.
• Reliability—Our Fargo office is open whenever government agencies or process servers wish to make a delivery.
• Flexibility—You can manage various notices wherever you are, thanks to our centralized platform.

How To Appoint Harbor Compliance as Your North Dakota Registered Agent

There are several ways to enlist Harbor Compliance as your registered agent, depending on whether you are:

1. Forming a new legal entity in North Dakota
2. Changing your registered agent
3. Expanding your organization into North Dakota

Forming a New Legal Entity

If you’re registering your legal entity for the first time, our Incorporation, Nonprofit Formation, and LLC Formation services can take care of the entire process. We can submit all the necessary documents and name ourselves as your registered agent.

You can also order our Registered Agent Service separately and make the filings on your own. Find the address of our Fargo office in the Client Portal, fill in the necessary information, and submit the documents to the secretary of state.

Changing Your Agent

If you sign up for our Registered Agent Service, we can make the switch from your previous agent on your behalf.

As you go through the wizard, you’ll see the option to add Change of Agent service right before checkout. Click the checkbox, complete the order, and we’ll appoint Harbor Compliance as your new registered agent.

Expanding Your Organization Into North Dakota

If your organization is formed outside of North Dakota, you’ll need to foreign qualify before you can operate in the state. This is another process we can complete in your name through our Foreign Qualification Service.

Once you complete the wizard, we’ll obtain your North Dakota certificate of authority and enlist ourselves as your official point of contact with the state.

Outsource Registered Agent Services to Harbor Compliance and Enjoy More Freedom

Running an organization entails many responsibilities, so partnering with Harbor Compliance is an excellent way to free yourself from some of them. Order our Registered Agent Service, and we’ll ensure you never miss a legal notice.

If you need additional help meeting North Dakota’s regulatory requirements, you can also:

• Reach out to us and explore our entire service portfolio.
• Get a free Harbor Compliance Score™ to assess your current regulatory standing
• Schedule a demonstration of our award-winning software to see how it can help you navigate any state’s regulatory landscape.

Harbor Compliance has offices around the U.S., so consult the following table if you need registered agent services in other states: