Register a Foreign LLC in Montana
A Montana foreign LLC is an LLC doing business in Montana that was formed in another state. Foreign LLC registration in Montana requires you to get a Montana Certificate of Authority from Montana's Secretary of State and pay a $70 state filing fee. The guide below shows you how to do it.
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How To Register a Foreign LLC in Montana
If you’re ready to expand your out-of-state LLC into Montana, a process referred to as foreign qualification, this guide will walk you through the steps. To begin, you’ll need to appoint a registered agent based in Montana. Then, to officially register your business, you’ll file a Certificate of Authority for a Foreign Limited Liability Company with the Montana Secretary of State. The standard filing fee is $70, but expedited processing options are available if you’re in a hurry.
Follow the guide below to learn how to get a foreign LLC in Montana.
Your first move is to appoint a Montana registered agent. Your registered agent must have a physical address in Montana, and be available during regular business hours (9 AM to 5 PM) to accept legal correspondence (service of process) and other important mail on behalf of your LLC.
While you can appoint a friend, relative, or employee who meets Montana’s legal requirements, we think the smartest choice is to hire a professional registered agent service. A professional agent not only ensures you receive important legal and government documents promptly, but many will protect your personal information from unwanted exposure by listing their information on your formation documents.
Once your business is up and running in Montana, you’ll want to be able to connect with your new market. With Northwest’s Business Identity Service, your foreign LLC will get everything it needs: a custom website, secure hosting, a unique domain, a local phone number, email, and a local business address—all designed to establish your LLC in Big Sky Country.
All of Montana’s business filings are online. This means you’ll need to sign up for an online account. Once you’ve got your account, you can start the filing process. In order to complete Montana’s Certificate of Authority of Foreign Limited Liability Company, you will need to have this information handy:
- Name of your LLC
- State or jurisdiction where your LLC was originally formed
- Date when your LLC was originally formed in its home jurisdiction
- If your LLC has an expiration date, list the end date
- Name and street address of your Montana registered agent
- Address (no P.O. boxes) of your LLC’s principal office in its state of origin
- Mailing address in the jurisdiction where the LLC was originally formed
- Whether your LLC is member-managed or manager-managed
- Names and addresses of your LLC’s current managers or managing members
- If your LLC is a professional LLC, the professional services it will offer
- Signature, phone number, and email of an authorized LLC member or manager
Note: Unlike most states, Montana’s SOS does not require a certificate of good standing, so that’s one less thing to worry about.
Ready to do business in Big Sky country? Register your foreign LLC in Montana with Northwest.
Once approved, Montana’s Secretary of State will notify you by email with instructions to retrieve your documents from the online portal. You will be able to save a digital copy and print it for your records.
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Montana Foreign Registration FAQ
No, foreign businesses do not need an address in the state where they do business, that’s what your Montana registered agent is for. However, you might want a local business address to look professional and trustworthy, gain a physical foothold in the state, or simply as a way to keep your home address away from prying eyes.
If you want to establish a more professional presence in Montana, Northwest offers reliable Mail Forwarding and Virtual Office.
No. Though many states ask foreign LLCs to provide proof of existence or good standing, Montana does not require that extra step to register your business.
Montana does not accept paper filings. All Montana business filings can be completed through Montana’s SOS Enterprise Online Filing Portal. On the left-side of the website, you’ll simply click on Forms, and then find your appropriate filing at the top of the page under Limited Liability Companies.
Standard Processing is $70.00, and you’ll get your foreign LLC approved within 7-10 business days. Montana also offers:
- 24 Hour Processing: $90.00, processed within one business day
- One hour Processing: $170.00, processed within one business hour
Note: Montana’s SOS only accepts credit, debit, or e-check payments.
No. Domestic Montana LLCs need to file state formation documents, but foreign LLCs do not.
Montana state law broadly defines business activity as any work performed in the state that generates income, which is sort of a catch-all term that doesn’t nail down the exact definition.
However, if your business in Montana is engaged in any for-profit business activity, pays employees, owns or leases property used for generating revenue, or is required to register for state or local business licenses, it’s likely that your LLC will need to register as a foreign LLC in Montana.
Read more about what counts as doing business in another state.
All Montana Annual Reports must be filed by April 15 along with a $20 filing fee. If you miss the April 15 deadline, your business will be charged a $15 penalty and may be in danger of losing its good standing with the state.
To file, use the search option to find your business name, and from there you can click on Filing Actions. Select Annual Report from the options.
Once approved, Montana’s SOS will send you an email verifying that your annual report has been filed with the state. You can then print the verification for your records.
Your LLC will be taxed like all other LLCs, as a pass through entity. This means that the profits (and losses) of the business pass through to each LLC member. Any profits are then reported on the tax returns of the individual members.
Each LLC member will also be liable for self-employment taxes of 15.3% (12.4% for social security and 2.9% for Medicare). Some LLCs elect to be taxed as an S-corp or C-corp.
To amend your foreign LLC, plug your business name into the search option, and from there you’ll select Filing Actions. You’ll be given a list to choose from, pick Amend LLC.
You’ll need to pay the $15 fee with either a credit/debit card or an e-check. Once approved, Montana’s SOS will send you an email verifying that the amendment has been filed with the state. Save and print the verification for your business records.
As with all filings, you’ll use the search option to find your business name. Select Filing Options and complete a Statement of Withdrawal. It costs $15.
Montana will email you proof of the withdrawal action, which you can save and print for your records. It should be noted that withdrawal of your foreign LLC in Montana does not dissolve the LLC in its home state.
