North Dakota Checklist - Sale of a Business

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Multi-State
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US-04096BG
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The sale of any ongoing business, even a sole proprietorship, can be a complicated transaction. The buyer and seller (and their attorneys) must consider the law of contracts, taxation, real estate, corporations, securities, and antitrust in many situations. Depending on the nature of the business sold, statutes and regulations concerning the issuance and transfer of permits, licenses, and/or franchises should be consulted. If a license or franchise is important to the business, the buyer generally would want to make the sales agreement contingent on such approval. Sometimes, the buyer will assume certain debts, liabilities, or obligations of the seller. In such a sale, it is vital that the buyer know exactly what debts he/she is assuming.
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FAQ

To avoid capital gains tax when selling a business in North Dakota, consider strategies such as reinvesting in a new business or taking advantage of available tax deductions. Additionally, structuring the sale in a specific way, like an installment sale, may help manage tax liability. Following the North Dakota Checklist - Sale of a Business can guide you through these tax-efficient strategies.

Obtain North Dakota Business Licenses & Permits - you may need to obtain a federal license or permit. SBA's Business Licenses and Permits Tool - SBA's Business Licenses and Permits tool can help you find the licenses and permits that may apply to your business.

According to the Opportunity Index, an annual report developed by Opportunity Nation and Child Trends, North Dakota is among the top five states in the country for opportunity in terms of economics, education, health, and community.

Not every North Dakota business needs a license. However, many types of business either can or must get one or more licenses. Different types of licenses and permits are issued by different state agencies.

Step 1: Choose the Right Business Idea.Step 2: Plan Your North Dakota Business.Step 3: Get Funding.Step 4: Choose a Business Structure.Step 5: Register Your North Dakota Business.Step 6: Set up Business Banking, Credit Cards, and Accounting.Step 7: Get Insured.Step 8: Obtain Permits and Licenses.More items...?

Requirements:Building plans.Lot plan.Clearances from the homeowners association, barangay, or any other authorized offices.Fire safety requirements.Contract of lease and authorization of owner (if rented)Title, tax declaration, a tax receipt (if owned)Contractor's business permit.Sketch of your business location.More items...?

Registering a business name in North Dakota is done when you form your business entity (LLC or corporation) with the state. You must first choose your business structure, then do a business name search to ensure name availability. Afterward, you must form your entity with your business name with the state.

Decide to close.Follow your articles of organization and document with a written agreement. If your business is a corporation, the board of directors would need to draft and approve a resolution to dissolve the business, then hold a meeting where minutes are documented and shareholders vote on it.

Less...Hold a Members meeting and record a resolution to Dissolve the North Dakota LLC.File a Notice of Dissolution with the ND Secretary of State.File all required Annual Reports with the North Dakota Secretary of State.Clear up any business debts.Pay all taxes and administrative fees owed by the North Dakota LLC.

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North Dakota Checklist - Sale of a Business