Do I need a lawyer to Form a LLC in Montana? |
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The short answer is no.
The state of Montana does not legally require a lawyer to form a
Montana Limited Liability Company (LLC).
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The short answer is no.
The state of Montana does not legally require a lawyer to form a
Montana Limited Liability Company (LLC).
Our detailed LLC Information page may help you understand some
of the implications of forming a Montana LLC.
However, if there is anything about Forming a LLC in Montana
that you're not sure about you should seek the advice of a competent Montana lawyer, a Montana accountant,
or a Montana Business advisor before you form a LLC in Montana.
Once you have made the decision to Form a LLC in Montana, a Montana lawyer
can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents
to perform these services and save money that you can use in your new
Montana Limited Liability Company.
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Do I have to Reserve a Company Name before I Form a LLC in Montana?
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You are not legally required to reserve a Company Name for a new Montana LLC before you submit your application to
Form a LLC in Montana.
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You are not legally required to reserve a Company Name for a new Montana LLC before you submit your application to Form a LLC in
Montana.
Whether or not you need to reserve a company name for your new Montana LLC depends entirely on your business situation.
The Montana Secretary of State uses names on a first come first served basis.
So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that Montana Company Name.
Click here for more information on
Montana Company Name Reservation
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What if the Montana LLC Name I want is already taken?
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If the Name you have chosen for your new Montana LLC is already in use by a currently active
Montana Corporation or LLC, and you still want to use that LLC Name, then you will have to register a DBA Name with the Montana Secretary of State. "DBA" is an abbreviation for "Doing Business As."
We verify that the Name you have chose for your new Montana LLC is available before we submit
your new LLC filing to the Montana Secretary of State.
If necessary we can register a DBA Name in Montana for you so that you can open your new Montana business as quickly as possible.
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What do I have to do to Form a LLC in Montana?
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6 things you have to do in order to Form a LLC in Montana.
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6 things you have to do in order to Form a LLC in Montana.
1. Choose a name for your Montana LLC
2. Select an official address and a Registered Agent for your Montana LLC
3. Determine who will be Members and who will Manage your Montana LLC
4. Determine how you want your Montana LLC to be taxed
5. File Articles of Organization with the Montana Secretary of State
6. Get a Federal Employer Identification Number (FEIN)
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1. Choose a name for your Montana LLC
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Your Montana LLC name can identify the type of products and services your business will provide;
or it may be the name of the founder; or it can be a combination of the two or something else.
In any case, the Montana LLC name that you choose must be distinguishable from the name of any other registered Montana LLC or other
registered Montana business entity, such as a Montana Corporation or LLP.
The LLC name must also be different from any reserved names on record with the state of Montana.
Your Montana LLC name must not imply that it was formed for a purpose other than that stated in your
Articles of Organization;
and your Montana LLC name must not be a name that is likely to mislead the public.
The name of a Montana LLC must include the word "LLC" or
"Limited Liability Company" or an abbreviation of one of these words.
It's important to choose a good name for your Montana LLC because if you want to change it after you
Form a LLC in Montana you
will have to file amended Articles of Organization with the Montana Secretary of State (and pay a fee).
We will:
- Check to make sure that your Montana LLC name is available
- Make sure your Montana LLC name conforms to state of Montana regulations
- Reserve your Montana LLC name with the Montana Secretary of State
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2. Select an official address and a Registered Agent for your Montana LLC
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Every Montana LLC must have an address that is physically located in the state of Montana.
This address is "registered" with the Montana Secretary of State.
The Registered Address is where official and legal correspondence can be delivered.
The individual or company that is registered with the state of Montana to receive all correspondence on behalf of the Montana
LLC is called a "Registered Agent" or "Agent for Service of Process".
You may act as your own Registered Agent, however, many Montana LLCs hire a Registered Agent because they don't have a physical
address within the state of Montana or to provide a distinct level of privacy.
- We can act as the official Registered Agent for your Montana LLC.
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3. Determine who will be Members and who will Manage your Montana LLC
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The owners of a Montana LLC are called Members - not Partners or Shareholders.
(a Montana Limited Liability Company does not issue stock).
Members make all business decisions and realize the financial benefits generated by the Montana LLC.
Division of ownership and distribution of profits are decided by private agreement among the Members.
Each Montana LLC must have at least one Member.
Members need not live in the state of Montana or be citizens of the United States.
Managers are responsible for the day to day operation of the Montana LLC.
Members elect or appoint Managers and have the power to remove them.
Managers may or may not be Members of the Montana LLC.
Management for your Montana LLC may be defined in your Articles of Organization or, more commonly, in an Operating Agreement.
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4. Determine how you want your Montana LLC to be taxed
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The IRS does not recognize a Limited Liability Company as a classification for federal tax purposes.
Montana LLC Members can elect for the IRS to tax the LLC as a sole proprietorship, partnership, C Corporation, or S Corporation.
This decision may be made after the Montana LLC is created.
If a single Member Montana LLC does not declare a tax classification it is taxed the same as a sole
proprietorship.
A multiple Member Montana LLC that does not declare a tax classification is taxed as a general partnership.
More specific federal LLC tax information can be found at the
IRS web site.
- If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Montana LLC and include it with
your LLC formation documents.
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5. File Articles of Organization with the Montana Secretary of State
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A Montana Limited Liability Company is a type of business that is authorized by the state of Montana - not by the federal government.
In order to form a LLC in Montana you must file Articles of Organization with the Montana Secretary of State.
The Articles of Organization must include certain specific information about your Montana LLC.
If the Articles do not conform exactly to state of Montana requirements they will be rejected.
You may subsequently amend the Articles of Organization for your Montana LLC but you will have to pay a fee to the state of
Montana in order to make the changes official.
- We can prepare and file your Articles of Organization with the Montana Secretary of State.
We've been doing it for over 10 years.
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6. Get a Federal Employer Identification Number (FEIN)
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A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a
business entity.
An FEIN is like a Social Security Number for your Montana LLC.
All Montana LLCs electing to be taxed as a C-Corporation or S-Corporation are required to have a FEIN.
If you do not elect to have your Montana LLC taxed as a Corporation you may still need to get a FEIN if it is composed of multiple members or
if you plan to have employees.
If you plan to form a Single Member Montana LLC you may not need a separate FEIN for the LLC if you have no employees.
The sole Member of a Single Member Montana LLC may be able to use his or her Social Security Number instead of applying for an FEIN.
You may request a FEIN for your Montana LLC for banking or state tax purposes, but an FEIN may not be required for federal tax purposes depending
on your business circumstances.
- We can get a FEIN for your Montana LLC as soon as it is approved by the Montana Secretary of State.
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What do I have to do after I form my Montana LLC? |
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5 things you have to do after you Form a LLC in Montana.
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5 things you have to do after you Form a LLC in Montana.
1. Conduct an Organizational Meeting and adopt an Operating Agreement
2. Open a Business Bank Account in Montana for your MT LLC
3. Obtain Business Licenses from the cities and counties in which you plan to do business
4. File the required Montana LLC reports
5. Keep proper records of your Montana LLC on file
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1. Conduct an Organizational Meeting and adopt an Operating Agreement
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An Operating Agreement defines the rules by which your Montana LLC will operate.
It is the core document that is referred to when issues concerning your LLC need to be resolved.
Operating Agreements may include requirements for almost anything that involves the management and operation of your Montana LLC.
By having an Operating Agreement all Members will be provided with a clear set of rules they have agreed upon thus reducing the likelihood of
disagreement in the future.
Items commonly included in an Operating Agreement for a Montana LLC:
- Rights and duties of Members
- Member contributions
- Record keeping and reporting requirements
- Distribution of profits
- Allocation of losses
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- Management duties
- Meeting requirements
- Voting requirements
- Admission and termination of Members
- Dissolution procedures
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Although an Operating Agreement is not required in the state of Montana, if you plan to form a multiple Member Montana LLC
it is highly advisable to have one.
Having an Operating Agreement will save you a lot of time and money should conflict arise down the line.
As your Montana LLC grows over time, you may amend your Operating Agreement as necessary.
When your Montana LLC has an Operating Agreement your business will be governed by your own rules and not some canned business rules created by
the state of Montana.
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2. Open a Business Bank Account in Montana
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It's very important that you have a separate business bank account for your Montana LLC.
Mixing personal and business funds may get you in a lot of trouble with the tax man down the line.
It's a good idea to contact the bank before you open a business bank account for your Montana Limited Liability Company.
Specific requirements vary from bank to bank.
In most cases you will need a FEIN, a copy of your Montana LLC Articles of Organization, and a resolution identifying authorized signers
if those names are not listed in the Articles.
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3. Obtain Business Licenses from the cities and counties in which you plan to do business
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Note that forming a Montana LLC doesn't take the place of obtaining a business license, tax
registration certificate, or other required business permits.
A Montana LLC merely creates an ownership structure that limits the owner's personal liability.
You may still need to take care of getting set up to do business with your local government.
Depending on the nature of the business and the location of your Montana LLC you may need to get one or more city
business licenses or permits.
The business licenses or permits that are required for your Montana LLC vary depending on your business activities
and the specific locations within the state of Montana in which you want to conduct business.
If your Montana LLC will be selling products in Montana you may be required to obtain a Reseller's Permit from the appropriate
Montana state agency.
If your Montana LLC will be selling products in Montana you will also be responsible for all applicable local and state of Montana
sales taxes if there are any.
- We can research and prepare the necessary forms for your required business licenses and permits and include them in your Montana LLC package.
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4. File the required Montana LLC reports
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Each Montana LLC must file a with the Montana Secretary of State.
The Montana includes basic information about your Montana LLC.
Failure to submit a properly completed Montana to the Montana Secretary of State on or before the
due date may subject the Montana LLC to being administratively dissolved in the state of Montana or having its authority to
transact business in the state of Montana revoked by the Montana Secretary of State.
Penalties may accrue if you fail to file any Montana LLC to the Montana Secretary of State
by the due date.
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5. Keep proper records of your Montana LLC on file
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Keep the following records on file and available at the principal business office of your Montana LLC:
- Names and addresses of all Members and Managers of the Montana LLC
- Articles of Organization for the Montana LLC and any Amendments to them
- Copies of all tax returns and reports for the Montana LLC for the last 3 years
- If the Montana LLC has an Operating Agreement, a copy of the Operating Agreement and any Amendments
- Copies of any LLC Resolutions which have been adopted by the Montana LLC
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What information do I need in order to Form a LLC in Montana? |
In order to Form a LLC in Montana you'll need certain specific information about your new Company
including the LLC name and address; and the name and address of the new Montana LLC's Registered Agent.
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In order to Form a LLC in Montana you'll need the following information about your new Company:
- The name of your new Montana LLC along with your second choice of a name in case the name that you want is not available
- Physical addess of the LLC office in Montana (not a PO Box)
- Name and address of your Montana Registered Agent (not a PO Box)
- A description of the nature of the business you are planning to operate with your Montana LLC
- Who is going to manage the day to day operation of your Montana LLC
- Names and addresses of each Manager of your Montana LLC
- Names and addresses of each Memeber of your Montana LLC
- When your Montana LLC will start and when it will cease to exist (normally the LLC starts on the date the application is filed and will exist perpetually)
Remember - ALL the information that you provide when you Form a LLC in Montana becomes part of the public record.
Our data entry forms include the absolute minimum amount of information that is required in order to Form a Limited Liability Company in Montana.
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How long does it take to Form a LLC in Montana? |
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Processing times for new Montana LLC applications vary depending on the work load of the
Secretary of State's staff.
We've found that normal processing of new Montana Articles of Organization takes the state around 10-12 business days.
Add 2-3 days for the time period for shipping the final documents by mail.
Choosing our Express Mail option can shave a couple of days off the total processing time for your Montana LLC.
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PLEASE NOTE: WE CANNOT GUARANTEE MONTANA SECRETARY OF STATE PROCESSING TIMES.
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We are dependent on, and have no control over, the staff and systems of the Montana Secretary of State.
In our experience 10-12 business days is the time it usually takes the Montana Secretary of State to process
a new Montana LLC application.
We get your Montana LLC application to the MT Secretary of State ASAP. Once it is at the state we have no control over the new Montana LLC application process.
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Are there any Expedited Processing Options for new MT LLC Filings?
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The Montana Secretary of State offers two expedited processing options for new Montana LLC filings. For an additional $20 the Secretary of State will process your new Montana LLC filing within 24 hours. For $100 the Secretary of State will process your new Montana LLC filing within one hour.
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How much does it cost to Form a LLC in Montana? |
The state of Montana charges $80.00 to form a new LLC.
This is the cost of filing and getting a Certified Copy of your Articles of Organization from the MT Secretary of State.
If you choose All Business Documemnts to help you form your LLC in Montana, our processing fees are $125.00.
We start processing your new Montana LLC order as soon as we get it.
Total cost includes:
- Name Check and Reservation
- Prepare Articles of Organization
- File Articles of Organization with the Montana Secretary of State
- Certified Copies of Articles
- Montana LLC Checklist
- Priority Mail Delivery
- Unlimited Customer Support
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Montana Foreign LLC Qualification |
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You want to do business in the state of Montana but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Montana you must register with the Montana Secretary of State as
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You want to do business in the state of Montana but are registered as a Domestic LLC in another state.
In order to legally conduct business in the state of Montana you must register with the Montana Secretary of State as
a Montana Foreign LLC.
The process of registering as a Foreign LLC in the state of Montana is called Montana LLC Foreign Qualification.
The process of Montana LLC Foreign Qualification is similar to the process of forming a Domestic LLC in the state of Montana.
Your original formation documents (usually called Articles of Organization) and Corporate Bylaws apply to your Montana Foreign LLC.
The Members and Managers of your Domestic LLC have the same roles in the Montana Foreign LLC.
Click here for specific requirements for
Montana LLC Foreign Qualification.
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