N.D. Cent. Code § 10-32.1-92

Current through 2023 Legislative Sessions

Section 10-32.1-92 - [See Note] Secretary of state - Fees and charges

The secretary of state shall charge and collect for:

1. Filing articles of organization and issuing a certificate of organization, one hundred thirty-five dollars.

2. Filing articles of amendment, fifty dollars.

3. Filing statement of correction, fifty dollars.

4. Filing restated articles of organization, one hundred twenty-five dollars.

5. Filing a statement of authority or a statement amending or canceling the statement of authority of a limited liability company, twenty dollars.

6. Filing articles of conversion of a limited liability company, fifty dollars and:

a. If the organization resulting from the conversion will be a domestic organization governed by the laws of this state, then the fees provided by the governing laws to establish or register a new organization like the organization resulting from the conversion; or

b. If the organization resulting from the conversion will be a foreign organization that will transact business in this state, then the fees provided by the governing laws to obtain a certificate of authority or register an organization like the organization resulting from the conversion.

7. Filing abandonment of conversion, fifty dollars.

8. Articles of domestication, fifty dollars and:

a. If the organization resulting from the domestication will be a domestic organization governed by the laws of this state, then the fees provided by the governing laws to establish or register a new organization like the organization resulting from the domestication; or

b. If the organization resulting from the domestication will be a foreign organization that will transact business in this state, then the fees provided by the governing laws to obtain a certificate of authority or register an organization like the organization resulting from the domestication.

9. Filing articles of merger or exchange and issuing a certificate of merger or exchange, fifty dollars.

10. Filing abandonment of merger or exchange, fifty dollars.

11. Filing an application to reserve a name, ten dollars.

12. Filing a notice of transfer of a reserved name, ten dollars.

13. Filing a cancellation of reserved name, ten dollars.

14. Filing a consent to use a name, ten dollars.

15. Filing a statement of change of address of registered office or change of registered agent or both, or a statement of change of address of registered office by registered agent, the fee provided in section 10-01.1-03.

16. Filing a resolution for the establishment of a class or series of membership interests, fifty dollars.

17. Filing a notice of dissolution, ten dollars.

18. Filing a statement of revocation of voluntary dissolution proceedings, ten dollars.

19. Filing articles of dissolution and termination, twenty dollars.

20. Filing an application of a foreign limited liability company for a certificate of authority to transact business in this state and issuing a certificate of authority, one hundred thirty-five dollars.

21. Filing an amendment to the certificate of authority by a foreign limited liability company, fifty dollars.

22. Filing a certificate of fact stating a merger of a foreign limited liability company holding a certificate of authority to transact business in this state, fifty dollars.

23. Filing a certified statement of conversion of a foreign limited liability company, fifty dollars.

24. Filing an application for withdrawal of a foreign limited liability company and issuing a certificate of withdrawal, twenty dollars.

25. Filing an annual report of a limited liability company or foreign limited liability company, fifty dollars.

a. The secretary of state shall charge and collect additional fees for late filing of the annual report as follows:

(1) After the date provided in subsection 3 of section 10-32.1-89, fifty dollars; and

(2) After the termination of the limited liability company, or the revocation of the certificate of authority of a foreign limited liability company, the reinstatement fee of one hundred thirty-five dollars.

b. Fees paid to the secretary of state according to this subsection are not refundable if an annual report submitted to the secretary of state cannot be filed because it lacks information required by section 10-32.1-89, or the annual report lacks sufficient payment as required by this subsection.

26. Filing any process, notice, or demand for service, the fee provided in section 10-01.1-03.

27. Submitting any record for approval before the actual time of submission for filing, one-half of the fee provided in this section for filing the record.

28. Filing any other statement or report of a limited liability company or foreign limited liability company, ten dollars.

29. Furnishing a copy of any record, or paper relating to a limited liability company or a foreign limited liability company:

a. The fee provided in section 54-09-04 for copying a record; and

b. Five dollars for a search of records.

30. Furnishing a certificate of good standing, existence, or authorization:

a. Fifteen dollars; and

b. Five dollars for a search of records.

N.D.C.C. § 10-32.1-92

Amended by S.L. 2019, ch. 93 (HB 1127),§ 4, eff. upon receipt by the legislative council of certification by secretary of state attesting that all necessary administrative rules and information technology components and systems are ready for implementation of this Act.

Added by S.L. 2015, ch. 87 (HB 1136),§ 19, eff. 7/1/2015.

This section is set out more than once due to postponed, multiple, or conflicting amendments.