Forming an LLC in Montana

Created by FindLaw's team of attorney writers and editors.

When starting a business, an important issue you'll need to address is what type of business structure is best for your company. If you're ready to form an LLC, then make sure that you understand the necessary steps required for formation. This article explains how to begin forming an LLC in Montana, including helpful links to the documents you'll need and the state laws that apply.

Forms for Montana LLC Formation

Part of forming a Montana LLC includes the completion and filing of specific forms with the state. Fortunately, FindLaw has the documents you'll need to get started.

LLC and Other Business Structures

Limited liability companies ("LLCs") combine the pass-through taxation aspect of partnerships with the limited liability characteristics of a corporation. While creating an LLC requires more effort than creating a partnership, it requires less corporate formalities than forming a corporation.

Summary of Forming an LLC in Montana

Although the formation procedures may appear to be the same in every state, there are specific differences that LLC owners and members should know about. Read the chart below for key takeaways about the rules and process for forming an LLC in Montana.

Statutes

Montana Title 35. Corporations, Partnerships, and Associations:

Name the LLC

The Montana LLC name must:

  • Contain the term "Limited Liability Company"; or "Limited Company"; or the approved abbreviations "L.L.C." or "LLC"; and
  • Be different from the names of existing businesses that are already registered with the Secretary of State.

Check with the Montana Secretary of State Name Database for name availability.

You can reserve your chosen name for up to 120 days by registering and paying a fee to the Secretary of State.

Select a Registered Agent

Every Montana LLC must have an agent for service of process purposes if the company is sued. The agent:

  • Must have a physical street address in Montana; and
  • May be a Montana resident; or
  • A Montana business entity or foreign entity authorized to do business in Montana.


File Articles of Organization

You must file the Articles of Organization (along with a filing fee) with the Montana Secretary of State.

The filing (which includes fees) must include the following information:

  • The LLC's name and address;
  • The registered office's name and address; and signature;
  • The name and address of at least one manager in a manager-managed LLC or a member in a member-managed LLC.

You may file online or by regular mail.

Create an Operating Agreement

Although not mandated, it's recommended that LLC owners create an operating agreement.

Comply with Tax and Regulatory Requirements

Regulatory Requirements

If your company sells goods and collects sales tax, you will likely have to register with the Montana Department of Revenue (DOR).

Tax Requirements

If your LLC has more than one member, then you must apply for an Employer Identification Number ("EIN").

Other Requirements

You may also have to obtain local and state business licenses, depending on the type of business and the location.

Determine Necessary Business Licenses

You may also have to obtain local and state business licenses, depending on the type of business and the location.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Forming an LLC in Montana: Related Resources

If You Need Help Forming an LLC in Montana, Connect with an Attorney

You can generally form a Montana LLC without too many problems and with the right forms. However, if your situation is complex or you're dealing with a difficult formation issue, legal help is available. Connect with an experienced Montana business organizations attorney near you for help today.

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