Forming an LLC in Montana
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:
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:
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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:
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.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.