North Dakota LLC Continuing Obligations

Annual Report

Each limited liability company shall file with the Secretary of State, a report that lists:

  • The LLC name and the state or country under the laws of which it is organized
  • The address of the registered office of the LLC, the name of its registered agent, and the address of its principal executive office
  • A brief statement of the character of the business in which the LLC is actually engaged in this state
  • The names and respective addresses of the managers and governors or managing members of the LLC

Records

Each limited liability company shall keep following records open to inspection at its office:

  • A current list of the full name and last-known business, residence, or mailing address of each member, each governor, and the president
  • A current list of the full name and last-known business, residence, or mailing address of each assignee of financial rights other than a secured party and a description of the rights assigned;
  • A copy of the articles of organization and all amendments to the articles;
  • Copies of any currently effective written bylaws
  • Copies of the LLC’s federal, state, and local income tax returns and reports, if any, for the 3 most recent years;
  • Financial statements required by section 10-32-52;
  • Records of all proceedings of members for the last three years;
  • Records of all proceedings of the board for the last three years;
  • Reports made to members generally within the last three years;
  • Member-control agreements described in section 10-32-50;
  • A statement of all contributions accepted under subsection 3 of section 10- 32-56 including for each contribution:
    • The identity of the member to whom the contribution relates;
    • The class or series to which the contribution pertains
    • The amount of cash accepted by the limited liability company or promised to be paid to the LLC
    • A description of any services rendered to or for the benefit of the LLC or promised to be rendered
    • The value accorded under subsection 4 of section 10-32-56 to: (a) Any other property transferred or promised to be transferred to the limited liability company; and (b) Any services rendered to or for the benefit of the limited liability company or promised to be rendered to or for the benefit of the limited liability company;
  • A statement of all contribution agreements made under section 10-32-58, including for each contribution agreement:
    • The identity of the would-be contributor
    • The class or series to which the future contribution pertains
    • As to each future contribution to be made, the same information as subdivision k requires for contributions already accepted;
  • A statement of all contribution allowance agreements made under section 10- 32-59, including for each contribution allowance agreement:
    • The identity of the would-be contributor;
    • The class or series to which the future contribution would pertain; and
    • As to each future contribution allowed to be made, the same information as subdivision k requires for contributions already accepted;
  • An explanation of any restatement of value made under section 10-32-57
  • Any written consents obtained from members under this chapter
  • A copy of agreements, contracts, or other arrangements or portions of them incorporated by reference under subsections 6 through 8 of section 10-32-56

Share

Add Your Comments

Your email address will not be published. Required fields are marked *