North Dakota LLC Operating Agreement

Set out who owns your North Dakota LLC, who manages it, and how profits are split — and download a print-ready PDF. Single-member or multi-member. Free, no signup. The preview updates as you type.

Reflects current North Dakota rules · 2026 Official source linked Free PDF · no signup · nothing uploaded

Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.

North Dakota LLC act rules · as of 2026

Required by law?: No — but strongly recommended
Recognized form: "whether oral, in a record, implied, or in any combination thereof" — N.D. Cent. Code § 10-32.1-02(36): "the agreement, whether or not referred to as an operating agreement and whether oral, in a record, implied, or in any combination thereof" of all the members.
Governing act: North Dakota Uniform Limited Liability Company Act (N.D. Cent. Code ch. 10-32.1)

Without an agreement: For LLCs created after July 31, 2017, default pre-dissolution distributions "must be in proportion to the value of the contributions of the members" (North Dakota amended away RULLCA's equal-shares default; LLCs created before that date keep equal shares) — N.D. Cent. Code § 10-32.1-30. Source: N.D. Cent. Code § 10-32.1-02(36) (definition); § 10-32.1-01 (citation) · verify ↗.

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Why your North Dakota LLC needs this — even single-member

It overrides the default rules. Without an agreement, the North Dakota Uniform Limited Liability Company Act (N.D. Cent. Code ch. 10-32.1) decides how profits are split and who can act for the company — not you.
It protects limited liability. A written agreement is core evidence that the LLC is a real, separate entity.
Banks and lenders ask for it. Opening a business account or getting a loan routinely requires it.

North Dakota law

No — North Dakota does not require an operating agreement (as of 2026): Not required. RULLCA-based act (cited per § 10-32.1-01 as the "North Dakota Uniform Limited Liability Company Act"): the operating agreement is defined permissively and the chapter's default rules govern any matter it does not cover.. But without one, the default rules of the North Dakota Uniform Limited Liability Company Act (N.D. Cent. Code ch. 10-32.1) decide ownership, management, and profit questions for you — which is why one is strongly recommended even for single-member LLCs. Source: N.D. Cent. Code § 10-32.1-02(36) (definition); § 10-32.1-01 (citation). Check the current North Dakota LLC rules before relying on any default.

Frequently asked questions

Is an operating agreement required in North Dakota?

Does the operating agreement get filed with the state?

No. Unlike the formation certificate (articles of organization), the operating agreement is an internal document — you sign it, keep it with your records, and give each member a copy. Banks, lenders, and courts may ask to see it, but no North Dakota agency records it.

Can the agreement be oral in North Dakota?

North Dakota's statute recognizes: "whether oral, in a record, implied, or in any combination thereof" — N.D. Cent. Code § 10-32.1-02(36): "the agreement, whether or not referred to as an operating agreement and whether oral, in a record, implied, or in any combination thereof" of all the members. (N.D. Cent. Code § 10-32.1-02(36) (definition); § 10-32.1-01 (citation)). Even where oral or implied agreements count, put yours in writing — proving an oral term in a dispute between members is exactly the fight the document exists to prevent.

How does North Dakota compare? See which states actually require an operating agreement, every claim cited to the state LLC act.

How North Dakota compares

Computed from our 51-jurisdiction dataset (as of 2026). Source for North Dakota: N.D. Cent. Code § 10-32.1-02(36) (definition); § 10-32.1-01 (citation) ↗.

North Dakota is one of 47 of 51 jurisdictions that leave the operating agreement optional (statutory default rules apply without one) (4 require an LLC to have an operating agreement).

The rest of what North Dakota requires

The figures below are North Dakota's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full North Dakota page for that document.

Security deposit cap · as of 2026: 1 month's rent (2 if pets) N.D. Cent. Code §47-16-07.1 ↗
Deposit return deadline · as of 2026: 30 days after move-out N.D. Cent. Code §47-16-07.1 ↗
Notice to end a month-to-month tenancy · as of 2026: 30 days N.D. Cent. Code §47-16-07.1 ↗
Notice for unpaid rent · as of 2026: 3 days to pay or quit N.D. Cent. Code § 47-32-01; § 47-16-15 ↗
Small claims limit · as of 2026: $15,000 N.D.C.C. ch. 27-08.1 ↗
Where you file · as of 2026: Small Claims Court (District Court) · filing fee $20 — N.D.C.C. § 27-05.2-03(1)(e): 'For filing a small claims action in district court, twenty dollars' (official Century Code PDF) N.D.C.C. ch. 27-08.1 ↗
Rental application fee · as of July 2026: No statutory limit North Dakota Century Code ↗
Bill of sale notarization · as of 2026: Not required North Dakota DOT (Form SFN 2888) ↗
Power of attorney signing · as of 2026: Notarization recommended N.D. Cent. Code §30.1-30-01 et seq. ↗
Recording a deed · as of 2026: County Recorder (office renamed from Register of Deeds in 2001) · no witnesses N.D.C.C. § 47-10-01 ↗

LLC operating agreement in other states

More North Dakota legal forms

Different state? See LLC operating agreements by state →