How to Register with the ND Secretary of State

ND Secretary of State Registration

Following up from last week’s discussion about becoming an approved bidder, this week’s topic is how to register with the ND Secretary of State.

A North Dakota corporation must be an active corporation and have its Articles of Incorporation on file with the Secretary of State. A registered agent must be maintained in North Dakota.

A registered agent is a person authorized to accept service of process for another person or entity in a particular jurisdiction. Service of process is the formal delivery of some type of legal notice. A registered agent ensures each service of process is properly received and forwarded to the business organization. No
lawsuit can begin until the party being sued receives service of process. North Dakota law requires that business organizations register prior to conducting business in the state; the registration process includes designating and maintaining a registered agent.

A corporation incorporated in another state or foreign jurisdiction is considered to be a “foreign corporation” to North Dakota and must file a Foreign Corporation Certificate of Authority Application with the Secretary of State. This application must be supported by a certificate from the filing officer of the jurisdiction of origin that verifies the existence and active status of the corporation. A registered agent must be maintained in North Dakota.

Remember:

• Fees depend on type of business
• Registered agent must be maintained in ND
• Must file an annual report
• Forms, fees, and instructions available on the Secretary of State website

For more information about doing business with the State of North Dakota, please contact SPO.

State Procurement Office
600 E. Boulevard Avenue Dept. 012
Bismarck, ND 58505-0310

T: 701.328.2683
F: 701.328.1615

Email: infospo@nd.gov
Web: www.nd.gov/spo