How to Form an LLC in Montana – MT Secretary of State

The Montana Articles of Organization for Domestic Limited Liability Company, the Montana Articles of Organization for Domestic Series Limited Liability Company, and the Montana Application for Certificate of Authority for a Foreign Limited Liability Company are a set of forms developed by the Montana Secretary of State for entities wishing to form and/or register with the Montana secretary of State. Each form outlines the minimum reporting requirements for the entity it applies to and will bear a Filing Fee of $70.00. Series Limited Liability Companies will be required to pay an additional $50.00 for each Series Member. You may file the appropriate paperwork for your entity by mail. All payments must be remitted in the form of a check payable to "Secretary of state."


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Form a Domestic Limited Liability Company in Montana – Articles of Organization for Domestic Limited Liability Company (Form 19A)

Form a Domestic Limited Liability Company in Montana – Articles of Organization for Domestic Limited Liability Company (Form 19A)

The Montana Articles of Organization for Domestic Limited Liability Company¬†(Form 19A) is required by the Montana Secretary of all Domestic Limited Liability Companies seeking to form and register in the State of Montana. It is worth noting this form may also be used to register a Professional Limited Liability Company as well, provided you fill […]

Form a Domestic Series Limited Liability Company in Montana – Articles of Organization for Domestic Series Limited Liability Company (Form 19B)

Form a Domestic Series Limited Liability Company in Montana – Articles of Organization for Domestic Series Limited Liability Company (Form 19B)

The Montana Articles of Organization for Domestic Series Limited Liability Company¬†(Form 19B) is required of Series Limited Liability Companies and Series Professional Limited Liability Companies by the Montana Secretary of State when such entities intend to operate and conduct business in Montana. This form will represent the minimum reporting requirements for such entities. Organizers are […]

Form a Foreign Limited Liability Company in Montana – Application for Certificate of Authority of Foreign Limited Liability Company (Form 25A)

Form a Foreign Limited Liability Company in Montana – Application for Certificate of Authority of Foreign Limited Liability Company (Form 25A)

The Montana Application for Certificate of Authority of Foreign Limited Liability Company¬†(Form 25A) must be submitted by mail to the Montana Secretary of State with an up to date Certificate of Existence. The application will only require the minimum information that must be reported to be entered. Thus, if the filing entity is unsure whether […]

How to Form

Step 1 – Every Limited Liability Company in the State of Montana must have a unique Name distinguishing it from other business entities in Montana. Additionally, make sure the Name given to this entity contains the appropriate Business Suffix such as “Limited Liability Company” or “LLC.” You may check the Montana Business Name and Name Availability Tool ( https://www.mtsosfilings.gov/mtsos-master/viewInstance/view.html?id=a0a384bbebaac28ad02bef64111d2c6b5f2ddb814ce995ec&_timestamp=12873188245409493) to make sure you have selected a unique Name. If you desired, you may also reserve a Name by submitting a completed Montana Application for Reservation of Name (Filing Fee $10.00). Reserving a Name is not required to form and register a Limited Liability Company in the State of Montana but may prove useful in some instances.

Step 2 – You will need to follow up on making sure the formation of this entity is done in compliance with all governing bodies. This will include such aspects as deciding how to file this entity’s taxes or who the members and managers are. The Montana Secretary of State will also require the Limited Liability Company to obtain a Montana Registered Agent. It is generally suggested that Organizers and applying foreign Limited Liability Companies consult with professionals such as an attorney licensed to practice in Montana.

Step 3 – When you have successfully completed all the necessary steps to forming a Limited Liability Company you may submit the appropriate Montana Articles of Organization for a Domestic Limited Liability Company or the Montana Application for Certificate of Authority of a Foreign Limited Liability Company for Limited Liability Companies that have already formed outside the State of Montana and wish to operate within it as such. This must be submitted by mail with a payment for all applicable fees plus the $70.00 Filing Fee. You may submit this payment as a check made out to “Secretary of State.” Typically it will take ten business days to process this filing however you may expedite this filing to 24 Hour Service ($20.00 Expediting Fee) or 1 Hour Service ($100.00 Expediting Fee).

Mail To:

Secretary of State
P.O. Box 202801
Helena, MT 59620-2801

After Formation

Structure: Limited Liability Companies will need to make sure they remain efficient even after formation. For instance holding regular Organizational Meetings and setting up Operational Agreements are simple procedures that may aid in avoiding confusion in the future as to responsibilities and limitations.

EIN: The Entity Identification Number is the Tax I.D. Number issued by the Internal Revenue Service to Limited Liability Companies that are organized in a certain way. For instance, if the Limited Liability Company has more than one member, has employees, or intends to file as a c-corporation then, it must obtain an EIN. Contact the Internal Revenue Service directly to verify the Limited Liability Company’s compliance with I.R.S. requirements.

Maintenance: The Montana Secretary of State will require that an Annual Report be filed once a year by all Limited Liability Companies. Domestic Limited Liability Companies must submit this report by April 15 and Foreign Limited Liability Companies will need to submit the Annual Report by November 1. This may be done online here: https://www.mtsosfilings.gov/mtsos-master/viewInstance/view.html?id=a0a384bbebaac28ad02bef64111d2c6b962e4df3bc9429ad&_timestamp=13297498338884660 and will require payment of a $15.00 Filing Fee at the time of submission.

Contact

Website: http://sos.mt.gov/business
Email: secretary@mt.gov

Address:

Montana Secretary of State Corey Stapleton
State Capitol Building
1301 E. 6th Avenue
Helena, MT 59601
Phone: 406.444.2034
Fax: 406.444.3976

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