How to Start an LLC in Montana

If you’ve been planning your business for a while, you probably already have a name in mind. But you need to make sure your business name follows Montana’s LLC laws. The rules for naming Montana LLCs are detailed in MT Code § 35-8-103. Your LLC’s name must:

• Include the words “limited liability company” or an abbreviation, such as “LLC.”
• Not contain language that makes it sound like a different business type, such as “corporation” or “limited partnership.”
• Not already be taken by another Montana business.

Already have a business name? Check to see if it’s available.

Next you must designate a registered agent for your business. Your registered agent is the person who accepts service of process (lawsuits and other legal mail) for your business. You could be your own registered agent, or you could designate another individual or a registered agent service. Montana law requires every LLC to have a registered agent. You’ll have to include your registered agent’s name and address on your Articles of Organization.

Learn why the pros use a registered agent service.

Filing a form called Articles of Organization is what officially forms your LLC in Montana. You can only submit your Articles online, via the state’s online filing system. The first step is to create an ePass Montana account. From within your account, you can file your Articles of Organization.

Note: All of the information on this form will become part of the public record.

You’ll need to provide the following information:

• Effective date. If you want your business to start immediately, skip this. If not, add a start date up to 90 days in the future.
• LLC type. Indicate whether you’re forming a standard LLC, a Professional LLC (PLLC), Series LLC, or Captive Insurance Company. Hint: Most LLCs are standard LLCs.
• Company name. Must include “limited liability company,” “LLC,” or “L.L.C.” You also need to indicate if you’ve already reserved your business name with the Secretary of State.
• Business term. Specify whether your business will operate perpetually or whether it will dissolve at a specific future date. Hint: Most LLCs choose “perpetual.”
• Mailing address. A P.O. box is okay here.
• Physical address. This must be an actual street address and will go on the public record.
• Registered agent. Whoever will accept legal mail and forward it to you. Specify if your registered agent is an individual or a business. You must also confirm that your registered agent consents to perform this role.
• Registered agent address. Must be a physical address in Montana.
• Registered agent mailing address. If different from the physical address.
• Additional documents (optional). If you want, you can attach additional documents, such as contact information.
• Management structure. Is your LLC managed by members (owners) or managers?
• Member or manager information. The names and mailing addresses of your members (if member-managed) or managers (if manager-managed).
• Liability statement. If any of your members will be personally liable for business debts, you need to attach a liability statement. Usually, only members of PLLCs have personal liability.
• Organizer. Whoever fills out and signs the document. This does not have to be someone within your LLC.
• Organizer contact information. How the state will contact you if there’s an issue with your filing.

Your operating agreement lays out the rules and structure of your LLC. It’s where you establish how you will allocate profits and losses, how voting will work, and even how you’ll settle disputes. Montana operating agreements are internal documents that are not filed with the Montana Secretary of State. But without one, your LLC will be subject to Montana’s default LLC laws.

Check out our attorney-drafted Montana LLC Operating Agreement.

An EIN (employer identification number) could be loosely defined as a social security number for businesses. You’ll put your EIN on tax forms so that the IRS can identify your business. You can apply for an EIN for free on the IRS website or by mailing a form to the IRS. It’s fastest to apply online, but if you don’t have a social security number, you will need to mail in the paper form.

Learn How to get an EIN for your LLC.

Once you’ve received your EIN from the IRS, it’s time to open a business bank account. A business bank account allows you to keep company and personal finances separate, which is essential for maintaining your LLC’s limited liability status.

To open a bank account for your Montana LLC, you’ll need to bring:

• Montana LLC Articles of Organization (a copy is fine)
• the LLC’s operating agreement
• the LLC’s EIN
• an LLC Resolution to Open a Bank Account (if your LLC has more than one member).

If your LLC has more than one member, use our free LLC Resolution to Open a Bank Account.

You can’t leave your shiny new business bank account sitting empty. It’s time to contribute some funds. Each member should invest an initial amount into the LLC to fund their membership interest. Usually, each member will invest by writing a check to the LLC bank account, although it’s also possible to invest in the form of property or services. Be aware that investments in the form of property or services are likely to have tax consequences.

Montana LLCs are required to file an annual report every year. The report serves as an information update, making sure the state knows who is in charge of your business and how to contact you. Montana’s annual report filing fee is $20. The report can only be filed on the Montana Secretary of State website.

Worried you’ll forget? Let us file your Montana annual report for you.