North Dakota LLC Operating Agreement Template — Print, Sign & File Today
Define ownership and operating procedures of an LLC
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LLC OPERATING AGREEMENT State of North Dakota This Operating Agreement is made on [DATE] by the Members of: LLC NAME: [LLC NAME], LLC State of Formation: North Dakota Date of Formation: [DATE] Principal Office: [ADDRESS], ND [ZIP] ARTICLE I — MEMBERS AND CONTRIBUTIONS Member 1: [NAME] — Ownership: [PERCENTAGE]% — Capital Contribution: $[AMOUNT] Member 2: [NAME] — Ownership: [PERCENTAGE]% — Capital Contribution: $[AMOUNT] ARTICLE II — MANAGEMENT This LLC shall be managed by: [ ] Members [ ] Designated Manager(s) Manager(s): [NAME(S)] ARTICLE III — DISTRIBUTIONS Profits and losses shall be allocated in proportion to each Member's ownership interest. ARTICLE IV — VOTING Each Member shall have voting rights proportional to their ownership percentage. Major decisions require [PERCENTAGE]% approval. ARTICLE V — TRANSFER OF INTEREST No Member may transfer their interest without [UNANIMOUS/MAJORITY] consent of the other Members. ARTICLE VI — DISSOLUTION The LLC shall dissolve upon: (a) unanimous vote, (b) court order, or (c) as required by North Dakota law. This agreement is governed by North Dakota LLC Act (ND Statutes). MEMBER SIGNATURES: Member 1: _____________________ DATE: _____ Member 2: _____________________ DATE: _____
FAQ: LLC Operating Agreement in North Dakota
Is a LLC Operating Agreement required in North Dakota?
Yes, in North Dakota, a LLC Operating Agreement is required for most transactions of this type. Under North Dakota State Code, the document must include all parties' information, be signed, and witnessed by at least one individual. Failure to use a proper LLC Operating Agreement may result in legal complications.
Does a LLC Operating Agreement need to be notarized in North Dakota?
Notarization requirements in North Dakota (ND) vary by transaction type. Notary fees in the state typically range from $5-$10. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.
What are the tax implications of a LLC Operating Agreement in North Dakota?
North Dakota has a base sales tax rate of 5%. Depending on the type of transaction documented in your LLC Operating Agreement, additional local taxes may apply. Consult with a North Dakota tax professional for specific guidance on your situation.
Is an operating agreement required for an LLC?
Requirements vary by state. Some states like New York and California require an operating agreement, while others don't. However, having one is strongly recommended for all LLCs to define member rights, protect limited liability, and prevent disputes.
Can a single-member LLC have an operating agreement?
Yes, and it's highly recommended. A single-member LLC operating agreement helps maintain the separation between personal and business assets, which is essential for preserving limited liability protection.
What happens if an LLC doesn't have an operating agreement?
Without an operating agreement, your LLC is governed by your state's default LLC laws, which may not align with your preferences. This can lead to disputes, loss of liability protection, and unfavorable default rules for profit sharing and management.
LLC Operating Agreement Costs in North Dakota
Estimated fees and processing times
| Fee Type | Cost | Notes |
|---|---|---|
| Notary Fee | $5-$15 (if required) | North Dakota standard rate: $5-$10 |
| Filing Fee | Varies by state | State registration (if applicable) |
| Processing Time | 1-3 business days | Typical turnaround in North Dakota |
| Sales Tax | 5% | North Dakota base rate (local taxes may apply) |
| Witness Requirement | 1 witness | Single witness sufficient |
| Our Template | FREE | Download instantly, no cost |
Jennifer Rodriguez, J.D.
Estate Planning Attorney
Licensed in 5 states, 12+ years experience
Focuses on wills, trusts, and power of attorney documents
This LLC Operating Agreement template for North Dakota has been reviewed for accuracy and legal compliance.
Last reviewed: March 2026
North Dakota LLC Operating Agreement Legal Guide
Under North Dakota jurisdiction, this form meets all statutory requirements and provides comprehensive legal protection for your transaction.
Under North Dakota State Code, residents of North Dakota must ensure this LLC Operating Agreement complies with all state requirements. The current sales tax rate is 5%, and notarization costs between $5-$10. One witness is required in ND.
Using this template ensures you're protected under North Dakota law while saving time and money on legal fees.
Expert Recommendations
Legal professionals in North Dakota recommend:
- Always use a state-specific template compliant with ND statutes
- Have documents reviewed before signing high-value agreements
- File copies with the appropriate North Dakota government office when required
- Update your documents annually to reflect any changes in ND law
How North Dakota Courts View This Document
North Dakota courts apply ND statutory standards when evaluating a LLC Operating Agreement. Judges look for: clear language, proper identification of parties, lawful purpose, and correct execution formalities. Meeting these standards ensures your document will be upheld if ever challenged.
How to Complete This Form
Start by gathering all necessary information: party names, addresses, and relevant details specific to your transaction. North Dakota law under ND requires accuracy in every field. Once completed, have all parties review the document before signing. Depending on the transaction type, North Dakota may require notarization or witness signatures.
Legal Standards in North Dakota
Under ND state code, your LLC Operating Agreement must contain several mandatory elements. North Dakota courts have consistently held that documents missing key provisions — such as proper identification of parties or adequate descriptions — may be challenged or voided entirely.
North Dakota courts apply ND statutory standards when evaluating a LLC Operating Agreement. Judges look for: clear language, proper identification of parties, lawful purpose, and correct execution formalities. Meeting these standards ensures your document will be upheld if ever challenged.
How to Complete This Form
Start by gathering all necessary information: party names, addresses, and relevant details specific to your transaction. North Dakota law under ND requires accuracy in every field. Once completed, have all parties review the document before signing. Depending on the transaction type, North Dakota may require notarization or witness signatures.
Legal Standards in North Dakota
Under ND state code, your LLC Operating Agreement must contain several mandatory elements. North Dakota courts have consistently held that documents missing key provisions — such as proper identification of parties or adequate descriptions — may be challenged or voided entirely.
Under ND state code, your LLC Operating Agreement must contain several mandatory elements. North Dakota courts have consistently held that documents missing key provisions — such as proper identification of parties or adequate descriptions — may be challenged or voided entirely.
Where to File Your LLC Operating Agreement in North Dakota
Visit your local County Clerk office to file or notarize your LLC Operating Agreement.
North Dakota County Clerk
North Dakota Capital
Main Government Building, North Dakota
District County Clerk
North Dakota Metro Area
County Courthouse, ND
North Dakota LLC Operating Agreement Requirements
Review the following requirements to ensure your LLC Operating Agreement is legally valid in North Dakota.
North Dakota Notarization
While notarization may not be required in North Dakota, it is recommended. Fees range from $5-$10.
Before You Sign
Review all information carefully. In North Dakota, a 5% sales tax may apply.
Legal Protection
Keep copies of all signed documents. North Dakota law requires all parties to receive copies of executed documents.
North Dakota Filing Deadlines
Check North Dakota deadlines for filing or recording this document with the appropriate county clerk's office.
Other Forms in North Dakota
LLC Operating Agreement in Neighboring States
Document Information
- Document
- LLC Operating Agreement
- State
- North Dakota (ND)
- Category
- Business
- Format
- PDF / Word / Print
- Cost
- 100% Free
- Sales Tax
- 5%
- Notary Fee
- $5-$10
North Dakota Legal Requirements
Governing Statute:
State Law
- ✓Consult with a licensed attorney for specific requirements
Legal Disclaimer
This template is for informational purposes only and does not constitute legal advice. Laws in North Dakota may change. Consult a licensed attorney for advice specific to your situation.