Montana LLC Filing
Steps to Form a Montana LLC:
- Montana LLC Name: You must give your Montana limited liability company a name, and that name must conform to the laws of the State. You can only register a name that is distinguishable from all other names already on file with the Secretary of State. Your name must include a business identifier, such as Limited Liability Company, Limited Company, or an abbreviation, such as LLC or LC.
- Articles of Organization: To form an LLC in Montana, you file Articles of Organization with the Secretary of State’s office. The SOS requires a $35 processing fee. Articles of Organization must be sent by mail, hand delivered, or faxed.Articles of Organization list basic information about your Montana LLC, such as the name of your company, your principal business address, and your Montana registered agent.
- Montana Registered Agent: A Montana registered agent accepts service of process, legal correspondence, and official state notifications on behalf of your business. A registered agent must have a physical street location within the state (a PO box is not considered sufficient). You must appoint a Montana registered agent on your Articles of Organization.
- LLC Operating Agreement: An Operating Agreement is the governing document of your company. It outlines the ownership of your business (your members and their membership percentages), and lays out the management structure (who will manage the company and what their individual roles will be).An Operating Agreement is not filed with any agency. It is an internal document, subject to change in accordance with sufficient votes from the LLC members.
- Business Bank Account: After you form an LLC in Montana, you can set up a business account for your company. All monetary transactions for your business should be processed through your business account, not your personal savings or checking. A bank will need to see copies of your Articles of Organization, Operating Agreement, and an initial resolution authorizing the account to be opened. You should contact the bank branch to see what additional documents will be needed.
- Annual Reports: Every year after your formation, you will need to file a Montana Annual Report. Annual Reports are due on or before April 15. There is a $20 report fee (reports filed after April 15 will be charged an additional $15). Failure to file your Annual Report will result in administrative dissolution.
|Montana LLC Facts|
|Formation Document||Articles of Organization|
|Filing Agency||Secretary of State|
|Our Fee||$180 (includes registered agent service)|
|Annual Report Due||April 15|
|Annual Report Fee||$20|
What Identifiers Are Acceptable for My LLC Name?
The Montana Secretary of State requires that your name include one of the following: Limited Liability Company, Limited Company, LLC, LC, L.L.C. or L.C. You are allowed to abbreviate “limited” as Ltd., and the word “company” as Co.
A business identifier is not considered distinguishable. In other words, if there is a company already registered as John Smith LLC, you cannot register your company as John Smith Ltd. Company. Your name, minus the identifier, must be distinguishable from all other names on record.
How Do I Expedite My Filing?
Montana has two expedite options: 24 hour and 1 hour. The 24-hour expedite fee is $20. For a one-hour expedite, you must pay $100.
The Secretary of State will only accept an expedited filing if you fax the documents to their office (or deliver them by hand). The payment must be made online at the Montana SOS Payment Portal.
Montana Registered Agent Duties
A Montana registered agent is required to maintain a registered office within the state (a physical street location, not a PO box). A registered agent must keep regular business hours and accept service of process and other official documents on behalf of your business. When documents are accepted, they must be forwarded to you in a timely manner.