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Secretary of State, Business Services North Dakota Secretary of State
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North Dakota
Registered Agent Act
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FAQs Applicable to Commercial & Noncommercial Registered Agents

What is a commercial registered agent?
A commercial registered agent has filed a Commercial Registered Agent Listing with the Secretary of State and may be:

  • An individual residing in the State of North Dakota,
  • A domestic or foreign corporation registered with the Secretary of State and having a business office in North Dakota, or
  • A domestic or foreign limited liability company registered with the Secretary of State and having a business office in North Dakota.

What is a noncommercial registered agent?
A noncommercial registered agent does not have a Commercial Registered Agent Listing filed with the Secretary of State and may be:

  • An individual residing in the State of North Dakota,
  • A domestic or foreign corporation registered with the Secretary of State and having a business office in North Dakota, or
  • A domestic or foreign limited liability company registered with the Secretary of State and having a business office in North Dakota

What is the difference between a commercial registered agent and a noncommercial registered agent?
The only difference is the commercial registered agent has a Commercial Registered Agent Listing with the Secretary of State and the noncommercial registered agent does not.

If I, or my company, serve(s) as registered agent for multiple organizations, do I or my company have to file a Commercial Registered Agent Listing Statement?
No; the Commercial Registered Agent Listing Statement is a voluntary filing.

Am I prohibited from charging for service as a registered agent if I or my company does not have a Commercial Registered Agent Listing Statement filed with the Secretary of State?
The filing of a Commercial Registered Agent Listing with the Secretary of State has no bearing on my ability to charge for the service.

What is my duty if appointed as registered agent?
N.D.C.C., Century Code, 10-01.1-14 defines the duties of the registered agent as follows:

  • The only duties under this chapter of a registered agent who has complied with this chapter are:
    1. To forward to the represented entity at the address most recently supplied to the agent by the entity any process, notice, or demand that is served on the agent;
    2. To provide the notices required by this chapter to the entity at the address most recently supplied to the agent by the entity; and
    3. If the agent is:
      • A noncommercial registered agent, then to keep current the information required by subsection 1 of section 10-01.1-05 in the most recent registered agent filing for the entity; or
      • A commercial registered agent, then to keep current the information listed for it under subsection 1 of section 10-01.1-06.

Am I liable for the actions of the organization Im the appointed registered agent?
Serving as the registered agent does not cause you to be liable for the actions of the organization for which you serve as registered agent.

What can I do if Im appointed as registered agent without my knowledge or approval?
If you are named as registered agent without your knowledge or approval, you may file a statement of resignation with the Secretary of State. A fee is not required for filing the resignation statement. You must sign the resignation statement which must include:

  • The name of the entity;
  • Your name as registered agent;
  • A statement that you resign from serving as agent for service of process for the entity, and
  • The name and address of the entity where you will promptly furnish notice of your resignation.
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