Any person or company conducting temporary or transient business in North Dakota, whether in one location or when traveling from place to place, is required to obtain a Transient Merchant’s license. A person or company may not conduct business in ND until the license is issued AND all employees, agents, or company representatives have a copy on their person.
- An individual or company selling livestock or agricultural products is exempt from having to obtain a transient merchant’s license.
Applying for a Transient Merchant License
Submit the completed Application form long with the bond, the application fee, and any other required documentation. The application fee is $200; the check or money order should be made payable to “Attorney General’s Office.”
- All business entities must be registered with the ND Secretary of State as a condition of licensure.
Every application must be accompanied by a Bond:
To determine the amount of bond, contact the Licensing section at (701) 328-2329. The bond form should then be taken to an insurance company for processing.
Other license application requirements
- The license application must include a list of all employees/agents/representatives who will be conducting business in the state with the name, home address and telephone number of each individual and a signed photograph or recognizable copy of each individual’s driver’s license.
- Each employee, agent, or company representative will be issued a transient merchant license in their name, which license must be in their possession at all times. The individual transient merchant license is not transferable.
- A company must obtain a new transient merchant license for each new or replacement employee, agent, or company representative for the entire time the license is active. No additional fee is required.
- If applicable, include a copy of your North Dakota sales tax permit.
- If you are not certain of your requirement to have a sales tax permit, please contact the North Dakota State Tax Commissioner’s Office at (701) 328-7088.
- If applicable, submit an inventory and price list of all merchandise that will be sold in the state.
Please allow two to three weeks processing time.
The Transient Merchant license is valid for one year from the issue date.
Review the Laws
- The transient merchant laws are contained within N.D.C.C. Chapter 51-04.
- Regulation of home solicitation sales laws are contained within N.D.C.C. Chapter 51-18.
- Additional regulations are contained in N.D.A.C. 10-10.
- The local city or county where you intend to conduct business may have additional licensing or permit requirements.
For legal advice and to ensure full compliance with all applicable laws, regulations and local requirements, contact an attorney.