How to start an LLC in Montana

To start an LLC in Montana, file the Articles of Organization with the Montana Secretary of State ($35) once you have a name the state will accept and a registered agent there. Then write an operating agreement, get a free EIN from the IRS and keep the LLC current with the state.

Step 1: Choose a name Montana will accept

The name has to end with “Limited Liability Company”, “Limited Company”, “L.L.C.” or another form the state accepts. It also has to differ from the names already on the Montana Secretary of State's records, and some words need another agency's approval. Check an LLC name in Montana against those rules and the registered names we hold, then confirm it on the official search.

Not ready to file? A reservation holds the name: $10, for 120 days (not renewable). See how to reserve an LLC name.

Step 2: Appoint a registered agent

The Articles of Organization names a registered agent: a person or company with a street address in Montana who receives lawsuits and official notices for the LLC during business hours. You can usually serve yourself if you live in the state, or pay a commercial agent a yearly fee.

Our sister site lists the registered agents Montana companies use most, with how many companies each one serves.

Step 3: File the Articles of Organization

File it with the Montana Secretary of State. The fee is $35. File online, or on paper. The LLC exists once the state accepts the filing.

How long it takes. Faster service: $20 for 24 hours, $100 for one hour. (The office's page.)

Step 4: Write an operating agreement

Montana doesn't require one (MCA 35-8-109(1), (3)), but without it the state's default rules decide how the LLC is run and how profits and votes are shared. It stays in the company's records; it isn't filed.

Make a free Montana LLC operating agreement and download it as a Word file.

Step 5: Get an EIN

An EIN (employer identification number) is the LLC's federal tax ID: banks ask for it to open a business account, and the LLC needs one to hire. The IRS issues it free; apply online at irs.gov once Montana has accepted the Articles of Organization.

Step 6: File the Montana LLC annual report

Fee: Fee WAIVED if filed before April 15; $35 if filed after April 15. Due: April 15 each year. (Source: Fees, sosmt.gov.)

After formation Montana
Recurring report Annual report each year; fee waived if filed by April 15 ($35 after)
State tax or fee on LLCs None
Proof of good standing Certificate of Existence, $5

Missing the recurring filing is the most common way an LLC loses its good standing, and in time its existence. On our sister site, look up an LLC's status or see how to get a Montana certificate of good standing.

What it costs to start an LLC in Montana

State fee Amount
Formation filing $35
First year, state fees $35
Each year after $0

Over five years, Montana's state fees come to $35. These are state fees only: a commercial registered agent, a publication notice and income taxes are extra. Compare every state's fees, with the options to reserve the name or file faster.

Sources

How to start an LLC in Montana

  1. Choose a name Montana will accept and check it against the Montana Secretary of State's records.
  2. Appoint a registered agent with a street address in Montana.
  3. File the Articles of Organization with the Montana Secretary of State ($35).
  4. Write an operating agreement.
  5. Get a free EIN from the IRS.
  6. Keep up with the recurring filings and fees.

Common questions

How much does it cost to start an LLC in Montana?

$35 to file the Articles of Organization. The state's fees come to $35 in the first year and nothing in later years; a registered agent service or a newspaper notice costs extra.

How long does it take to start an LLC in Montana?

The Montana Secretary of State doesn't post a standard time. Faster service: $20 for 24 hours, $100 for one hour.

Do I need an operating agreement in Montana?

Montana doesn't require one (MCA 35-8-109(1), (3)), but it's the document that says who owns the LLC and how it's run; banks and partners often ask for it.

Can I start an LLC in Montana online?

Yes. The Montana Secretary of State takes the Articles of Organization online, for $35.

When is the Montana LLC annual report due?

April 15 each year.

Does Montana require an annual report for LLCs?

Yes. Montana's recurring filing: Annual report each year; fee waived if filed by April 15 ($35 after).

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