Every limited liability company operating in the United States needs to designate a registered agent. Even after you identify your initial registered agent in your formation paperwork, there are several reasons for why you may need to change the registered agent for your LLC in North Dakota.
Your registered agent could be moving out of state, or they could be a former co-owner or employee who no longer works for your organization. Maybe you want to switch from an individual registered agent to a professional service that operates in all 50 states, or perhaps you’re simply unsatisfied with your current registered agent’s service.
Whatever the reason may be, each state allows you to change your registered agent at any time, and in most states the process is both simple and inexpensive. Let’s dive into the specifics of how to change your LLC’s registered agent in North Dakota.
NOTE: If you need help changing registered agents, the same services that are known for offering online services — like LegalZoom and Zen Business — can also take over registered agent duties and file the needed paperwork.
Who Can Be a North Dakota Registered Agent?
A North Dakota registered agent is a person or business entity that has a physical address in the state. You or one of your co-owners can serve as your own registered agent, you can designate a friend or family member for this role, you can hire a lawyer or accountant as your agent, or you can hire an online business services company to provide registered agent service.
No matter who you choose to be your registered agent, they need to be physically present at the address provided to the state during all standard business hours. This person or entity does not need to have any prior experience being a registered agent, but it’s wise to choose a registered agent who is familiar with the serious responsibilities that come with this role.
There is no minimum age requirement on who can be a registered agent in the state of North Dakota. According to North Dakota’s version of the Model Registered Agents Act, a registered agent must be one of the following:
- An individual residing in North Dakota, or…
- A domestic or foreign corporation registered with the Secretary of State and having a business office in the State of North Dakota, or…
- A domestic or foreign limited liability company registered with the Secretary of State and having a business office in the State of North Dakota.
For more general information regarding the role of a registered agent with a North Dakota LLC, we encourage you to check out our full guide on the topic.
What Is the Procedure for Changing Your LLC Registered Agent in North Dakota?
While the role of the registered agent is vitally important for any American business entity, this role can always be changed, and there are different rules for how to change your agent depending on which state your business operates in.
In North Dakota, a limited liability company may change its registered agent by filing a Statement of Change form, or by filing an amendment to its articles of organization.
Option 1) File a Statement of Change Form
The most common way to change a North Dakota LLC’s registered agent is to file a Commercial or Noncommercial Registered Agent Statement of Change form. Both domestic and foreign entities can use the same form, and there is a $10 fee. This form may be filed via mail, fax, or in person.
Option 2) Amend the Articles of Organization
The other option for North Dakota LLCs wishing to change registered agents is to file the LLC Articles of Amendment form for domestic entities, or the Amended Certificate of Authority Foreign LLC Application form for foreign entities. These forms are available by logging into your company’s account on the Secretary of State’s online portal. There is a $50 filing fee associated with each form, and you can file them via mail, fax, or in person.
According to the FAQ section on the Secretary of State’s website, “Due to the continued high volume of new business filings, when received by this office, business registration documents may take up to four weeks to be reviewed and processed.” North Dakota does not offer expedited service options.
Prefer to Have a Registered Agent Service Handle Your Requirements?
A registered agent service is a company that specializes in being a registered agent for a wide variety of businesses across the country, bringing tons of expertise and a healthy dose of reliability to the role.
Most professional registered agent services operate on a national basis, meaning there’s no restrictions on which states you can operate your business in. They also tend to charge affordable rates, as you can find several registered agent services that charge around $10/month or even less for this service. In addition, most of these companies will also offer to handle the process of changing a registered agent for you.
If you’re interested in this option, we highly recommend Northwest Registered Agent.
The Law for Changing Your LLC Registered Agent in North Dakota
It’s always important to be well-informed regarding the specific laws for changing your registered agent. In North Dakota, registered agent laws do not vary by entity type or domestic/foreign classification. Rather, all businesses follow the same rules and regulations.
According to Chapter 10 of the North Dakota Century Code:
- “A represented entity may change the information currently on file under subsection 1 of section 10-01.1-05 by filing with the secretary of state a statement of change signed on behalf of the entity which states:
- The name of the entity; and
- The information that is to be in effect as a result of the filing of the statement of change.
- The interest holders or governors of a domestic entity need not approve the filing of:
- A statement of change under this section; or
- A similar filing changing the registered agent or registered office of the entity in any other jurisdiction.
- The appointment of a registered agent pursuant to subsection 1 is an affirmation by the represented entity that the agent has consented to serve as such.
- A statement of change filed under this section takes effect on filing.
- Instead of using the procedures in this section, a represented entity may change the information currently on file under subsection 1 of section 10-01.1-05 by amending its most recent registered agent filing as provided by the laws of this state other than this chapter for amending that filing.”
If you operate a limited liability company in the state of North Dakota, you need to designate a registered agent to receive important government document deliveries on your behalf. If you decide at any time that you would rather change your registered agent to a different individual or business entity, it’s important to know what that process looks like.
In North Dakota, an LLC’s registered agent may be changed by filing a Statement of Change form, or by amending the LLC’s articles of organization. Both are simple documents with reasonable filing fees, but if you’d rather have a registered agent service handle this task for you, you certainly have that option.
We hope this article helped you improve your understanding of changing a registered agent in North Dakota, and as always we thank you for choosing Registered Agent Ready!