How to Start an LLC in Montana

Step 1: Name Your Montana LLC

You won’t be able to register your Montana LLC without first giving it a name. Montana has specific requirements for that name, too. The basics are that your LLC name must:

1. Include the words “limited liability company,” “limited company,” or an abbreviation like “LLC” or “L.LC.”
2. Not include language stating or implying that it’s another type of entity, meaning you can’t use something like “corporation.”
3. Be distinguishable from other business names that already exist in Montana. That means you can’t use a name that’s the same or very similar to other Montana business names.

How do I find out if a business name is available in Montana?

Visit the Montana Secretary of State’s website and run a Montana business name search to find out if the name you want is available. If it is, see if someone else is using it as either a domain name or federal trademark. If your preferred name is already being used, it’s good to find out now rather than later. That way, you can re-calibrate your brand identity early to ensure your brand presence is as consistent as possible.

When you hire us to form your Montana LLC, we can also register your domain name for free and give you three months of website and email services. And if you’re ready to pursue trademark registration, our attorney-led service includes a clearance check that searches for potential conflicts with already existing trademarks.

Step 2: Choose a Montana Registered Agent

Under Montana law, you must appoint and maintain a Montana registered agent for your LLC. A registered agent can be either an individual or a commercial registered agent service.

Your registered agent must:

• Have a physical address in Montana.
• Be available during normal business hours Monday through Friday.
• Forward you your legal mail, including service of process notices.
• Keep their information updated with the Montana Secretary of State.

Can I be my own registered agent in Montana?

You can be your own Montana registered agent if you live in the state and have a physical address where you’re regularly available to accept service of process. However, make sure you’re prepared for everything that comes with this role, including listing your address on the public record. It may not be a good fit if your business keeps you out of the office all day and unable to accept legal mail. If you decide not to be your own registered agent, you can opt to hire a registered agent service instead.

Step 3: File Montana Articles of Organization

To officially form an LLC in the Treasure State, you’ll submit Montana Articles of Organization.The paperwork must be completed properly for the state to accept your filing.

You can only submit your Articles of Organization online, as Montana does not accept filings sent by mail. You must also submit a $35 fee.

Your formation paperwork must include the following information:

1. LLC name: Must included an accepted indicator like “LLC.”
2. Duration: Most businesses will check “At Will,” meaning they plan to operate indefinitely. Check “Term” and list an end date if you have one in mind.
3. Business mailing address: You can list a physical address or a PO box here.
4. Registered agent information: There are two possible sections here, one for commercial registered agents and one for noncommercial registered agents (like individuals). Only fill out the section that applies to your LLC. If you have a noncommercial registered agent, you must list their physical address.
5. Governing structure: If members (also known as owners) will manage the LLC’s day-to-day operations, check the “members” box. If you’re going to hire one or more managers to do the job, check “managers.”
6. Member or manager information: Depending on which box you checked above, you’ll list the names and mailing addresses of either your LLC’s members or managers.
7. List of liable members: The whole point of an LLC is not to be liable for the business’ debts, but if any of your members want to take on that liability, attach their names and written consent here.
8. Services provided: Only complete this field if you’re forming a Professional Limited Liability Company (PLLC).
9. Organizer signature: The organizer is the person preparing your formation paperwork.
10. Contact information: List a daytime phone number and email where the state can contact you.

Step 4: Set Up Business Operations

Once Montana approves your formation paperwork, you officially have an LLC. However, you’ll need to take additional measures to finish setting up your business and maintain your limited liability.

• Draft an operating agreement: Think of an operating agreement as a detailed handbook for how your LLC functions. Let’s say a dispute between members arises, and you forget exactly how your LLC is supposed to resolve disputes. Procedures for resolving disputes should be in your operating agreement, which also covers things like how voting works and how the LLC will be managed. While you don’t need to file a copy with the state, you should bring a copy of your operating agreement to the bank when you’re ready to open a business bank account.

• Get an EIN: EIN stands for Employer Identification Number, and you can obtain one of these through the IRS. EINs are important for completing tasks like opening a bank account and hiring employees. A single-member LLC can opt to use the member’s Social Security number, but that’s a less secure option.

• Establish a business bank account: Establishing separation between your personal finances and business finances is critical to maintaining your personal asset protection. Because of this, you should open a business bank account.

• Get business licensing or permits: Montana doesn’t issue general business permits, but you should check with your city and county about local business licensing. If you’re in an industry like accounting or child care, you’ll need to get a professional license from the Montana Department of Revenue.

Step 5: File BOI Report

In 2021, Congress passed a federal law requiring most businesses to file a Beneficial Ownership Information (BOI Report) starting in 2024.

The BOI Report is designed to fight back against fraud and money laundering in the business world. For the report, you must list information about the company’s beneficial owners, defined as the people with a significant amount of control or influence over the business. If you formed your LLC after January 1, 2024, you also need to include information about the person or entity who filed your LLC’s formation paperwork.

Not ready to file another report? We can file the BOI Report on your behalf when you hire us to form your Montana LLC.