How to Form an LLC in Montana

Introduction

The process of forming an LLC in Montana can help you create a business structure with limited liability. You’ll need to file articles of organization with the Secretary of State and notify them about your registered agent, office address, and more.

If you’re ready to start your own Montana LLC, this guide will walk you through all of the steps from forming your company to maintaining it as a business owner.

Choose a name for your LLC.

Choose a name for your LLC.

You can choose any name you like, but it must be one that is not already in use. If you are incorporating as an LLC and have already reserved a name with the Secretary of State, that reservation will remain in effect until it expires or is canceled by the Secretary of State. You may also reserve a name by filing an application with the Montana Secretary of State’s Office at least 15 days before you intend to file your articles of organization with them (but not more than 30 days prior). Be sure to check out our section on naming tips below!

File articles of organization with the Secretary of State.

In Montana, you must file articles of organization with the Secretary of State. You can file online or in person at any Montana county courthouse.

The cost is $35 and filing is free if you do it online.

You must file articles of organization within 30 days after forming your LLC to avoid paying additional fees and penalties. The form has five sections: name, address, registered agent (the person who will receive official correspondence), duration statement (how long the company expects to exist), and members’ capital contributions (how much each member has invested). After filling out this information and paying your fee ($35 as of 2018), submit your document with a copy of your certificate from Step 1 to complete registration!

Create an operating agreement.

Creating an operating agreement is a great way to ensure that your LLC operates in the way you want it to. An operating agreement can help prevent disputes between members and ensure that your business is run in the way you want it to be.

An operating agreement isn’t required by law, but we highly recommend creating one. It’s not hard, either: just take some time to write down a brief list of rules for how the company will operate. This can include things like who has authority over certain decisions or how profits are split up among owners (if there are multiple owners).

Acquire an employer identification number.

The next step is acquiring an EIN, or employer identification number. This can be done either online or over the phone with the IRS (1-800-829-4933). You’ll need to provide your Social Security Number, business name and address, as well as a Form SS-4 that you can download from their website. The process takes about 15 minutes if you fill it out online and print off the confirmation page when finished; otherwise, it may take up to two days for them to mail you a paper copy of your EIN

Comply with Montana business licensing and permit requirements.

In addition to forming an LLC, you’ll need to comply with Montana business licensing and permit requirements. Business licenses are required for businesses with employees and are issued by the county clerk in which your business operates. All companies that operate in Montana must pay a state income tax each year, regardless of whether or not they have any income. Additionally, some companies may be required to obtain additional permits based on their industry—for example, food service establishments might need a permit from the Department of Environmental Quality (DEQ).

Notify the state about your registered agent and office.

You must also notify the state of Montana about your registered agent and office. This is done by filing a Registered Agent (RA) Change form with the secretary of state, who will provide you with further instructions.

It is not required to register an office for your LLC, but doing so can be beneficial for tax purposes and for personal liability reasons. If you choose not to register an office, make sure that all communications from the Secretary of State are sent to your home address so that you are aware of any legal correspondence that may arise.

Open a bank account for your LLC.

You’ll also need a bank account for your LLC. The bank account will be used to deposit funds and pay bills, pay taxes, pay employees and contractors, and buy supplies.

To form an LLC in Montana, you’ll need to file articles of organization in-state, pay approved fees, and consider additional business requirements like permits and licenses.

In Montana, you’ll file articles of organization with the secretary of state. You’ll need to pay approved fees and consider additional business requirements like permits and licenses.

When you form an LLC in Montana, you don’t have to deal with any other state agencies or county offices. Your only requirement is filing your articles of organization with the Montana Secretary of State’s office in Helena.

After completing this step, select a registered agent for your LLC and an office for your business (if needed). You may also want to consider obtaining other necessary permits and licenses before opening up shop.

Conclusion

The process of forming an LLC in Montana is a simple one. Consider enlisting the assistance of an experienced business lawyer or accountant to help you navigate through all the steps, as well as any potential issues that may arise during formation.