North Dakota LLC Amendment — At a Glance
| Requirement | Detail |
|---|---|
| Amendment form | Articles of Amendment |
| Filing agency | North Dakota Secretary of State |
| Filing fee | $50 |
| Processing time | 3–5 business days |
| Expedited processing | Not available |
| Member vote required | Yes — As specified in the operating agreement (typically majority vote of members or managers) |
| Operating agreement update | Required |
What Is an LLC Amendment?
An LLC amendment is a formal filing that updates your LLC's Articles of Organization (or Certificate of Formation) on file with the North Dakota Secretary of State. It is required whenever a change affects information that was originally included in your formation documents.
Not all changes to your business require a state amendment — only changes to information registered with the state. Internal changes (like updating your operating agreement) are handled privately without filing with the North Dakota Secretary of State.
LLC Attorney offers free amendments within the first 90 days of formation for clients who need to correct or update their filing. After that window, amendment support is available at a flat rate.
When Do You Need to File an Amendment in North Dakota?
You must file a Articles of Amendment with the North Dakota Secretary of State when changing any information that appears in your original formation documents. Common triggers include:
- LLC name
- Registered agent name and address
- Management structure (member-managed vs. manager-managed)
- Principal office address
- Business purpose
Changes that do not require a state amendment include adding new clients, changing your business address if it's not your registered address, updating your banking relationships, or making internal changes to your operating agreement that don't affect your state filings.
How to File a North Dakota LLC Amendment
Authorize the Amendment
Before filing, the amendment must be authorized by the LLC's members or managers. North Dakota requires a as specified in the operating agreement (typically majority vote of members or managers) to approve the amendment, as outlined in your operating agreement.
Complete Articles of Amendment
Download or access the form from the North Dakota Secretary of State at sos.nd.gov. Complete all required fields, including your LLC's current name, the changes being made, and the effective date of the amendment.
Pay the Filing Fee
The filing fee for a North Dakota LLC amendment is $50. Expedited processing is not available.
Submit the Filing
Submit the completed form and payment to the North Dakota Secretary of State. 3–5 business days.
Update Your Operating Agreement
Once the state amendment is processed, update your LLC's operating agreement to reflect the same changes. Banks, vendors, and other third parties may require updated documentation before recognizing the change.
What Else Needs to Change After an Amendment?
Filing the amendment with the North Dakota Secretary of State updates the state record, but other parties may not automatically be notified. After filing, review the following:
- Operating agreement — update to reflect any structural or name changes
- EIN — your EIN generally does not change when you amend your LLC name or structure, but notify the IRS of the new legal name
- Business bank accounts — banks require a certified copy of the amendment and updated documentation
- Business licenses and permits — may need to be reissued in the new name or under the new structure
- Contracts and agreements — update any contracts that reference the old LLC name or structure
- Marketing and websites — update any public-facing references to the LLC name or management
Need to Amend Your North Dakota LLC?
LLC Attorney handles North Dakota LLC amendments and updates your operating agreement to match — ensuring your business record is legally consistent across all documents. Amendments are free within the first 90 days of formation.
North Dakota LLC Amendment — FAQs
The filing fee for a North Dakota LLC amendment (Articles of Amendment) is $50. Additional costs may include attorney fees or operating agreement update services.
3–5 business days. Expedited processing is not available in North Dakota.
Yes. North Dakota requires that amendments be approved by the members or managers of the LLC. The vote threshold is determined by your operating agreement — typically as specified in the operating agreement (typically majority vote of members or managers).
No. Your EIN does not change when you amend your LLC name or structure. However, you should notify the IRS of the name change by sending a letter to the IRS office that issued your EIN. Your bank may also require a certified copy of the amendment to update your account.
Yes. North Dakota requires that your operating agreement be consistent with your state filing. updating your operating agreement ensures your internal governance documents match your public state record. Banks, investors, and counterparties will expect the documents to align.
LLC Attorney handles North Dakota LLC amendments end-to-end — preparing the Articles of Amendment, filing with the North Dakota Secretary of State, and updating your operating agreement to reflect the change. Amendments are free within the first 90 days of formation for LLC Attorney clients.