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LLCs and Corporations in the State of Montana
In order to operate legally in the State of Montana, your company must be formally registered with the Montana Secretary of State. If you formed or plan to form your company in Montana, your company will operate as a “domestic” business. If you formed your company in a different state, your company will be considered a “foreign” business in the State of Montana and must register with the Secretary of State for authority to operate within the state’s borders.
Below are guidelines on how to form or register a company for business in Montana. The state sets forth different requirements for companies, depending on whether the business is domestic or foreign and whether the business is a limited liability company (LLC) or a corporation. An LLC is a business entity that limits the personal liabilities of its owner(s) and may be owned by a single individual. A corporation is independent of its owners, shareholders or management staff, and limits the liability of its owners to the investments made into the corporation.
Forming a Domestic Company in Montana
LLC: Domestic LLCs must include the words, “limited liability company” or “limited company” or the abbreviations “l.l.c.”, “l.c.”, “llc”, or “lc,” in their name. The state requires that you maintain an office for your company records that may or may not be your official place of business or your registered office. When you have completed your Articles of Organization, submit an original and a copy to the Montana Secretary of State.
Corporations: Domestic corporations must include the words, "corporation," "incorporated," "company," "limited," "corp.," "inc.," "co.," "ltd." or words or abbreviations of a similar nature in their name. When you have completed your Articles of Incorporation, submit an original and a copy to the Montana Secretary of State.
A filing fee of $70 is required at the time of filing for both LLCs and corporations. Make the check payable to the Montana Secretary of State.
Forming a Foreign Company in Montana
LLC: Foreign LLCs must meet the same name standards as domestic LLCs (see above). When you have completed your Application for Certificate of Authority for Foreign Limited Liability Company, submit a copy to the Secretary of State, along with a certificate of existence from your home (domestic) state that proves that your company is currently in good standing. Foreign LLCs are subject to a $5 fine for each day it transacts business in Montana without proper authorization.
Corporations: Foreign corporations must meet the same name standards as domestic corporations (see above). When you have completed your Application for Certificate of Authority, submit it to the Secretary of State, along with a certificate of existence from your home state that proves that your company is currently in good standing. Like LLCs, foreign corporations are subject to a $5 fine for each day it transacts business in Montana without proper authorization.
A filing fee of $70 is required at the time of filing for both LLCs and corporations. Make the check payable to the Montana Secretary of State.
Designating a Registered Agent in Montana
No matter which of the above categories your company falls under, you will need to choose a registered agent to represent your business. Your registered agent can be any individual or company capable of receiving your company’s legal notices and documents from the state, and can be reached during all normal business hours. Your agent should be trusted to manage and promptly notify you about any correspondence from the state related to your company. This is a critical service that, if mismanaged, could adversely impact your company’s good standing in the state, which could ultimately affect one of the most important aspects of your business: its growth potential.
If you’re looking for a registered agent to represent you in the State of Montana, National Registered Agents, Inc. (NRAI) has the solution for you. With a wide-reaching network of experienced lawyers and corporate service professionals across the country, we have a successful track record of serving companies of all kinds, no matter how big or small, or whether your company is domestic or foreign. With such a broad clientele portfolio, NRAI has the versatility to offer tailored registered agent services that match the specialized needs of your business. Moreover, should your company decide one day to expand beyond Montana to a different state, NRAI can simply tap into its rich nationwide resources to find you an experienced registered agent in that state.
Visit our website today (www.registeredagent.com) to complete our quick quote form, or call us today at (800) 520-6724 for a personalized consultation. Our customer service representatives can help you understand the range of services we offer. If you already have a registered agent but would like to transfer services to NRAI, we can help you make that switch.
