How to start an LLC in Montana

Check the name is free

Search on Montana business search. It shows whether a name is already in use, but the Secretary of State says availability is not guaranteed until your registration is reviewed and approved under its distinguishability rule (ARM 44.5.131).

Name ending

limited liability company or limited company, or the abbreviations L.L.C., L.C., LLC or LC; 'limited' may be shortened to 'Ltd.' and 'company' to 'Co.'

Reserving

Name reservation: $10 for a nonrenewable 120 days; a reservation can be transferred to someone else by filing a notice.

Words to avoid or that need permission:

• No other business type identifiers such as corporation, partnership, limited partnership, limited liability partnership or association (or their abbreviations)
• No wording that states or implies the LLC is some other kind of business than an LLC

Also worth knowing:

• The name must be distinguishable from every corporation, LP and LLC formed, registered or reserved in Montana, and from registered assumed business names, trademarks and service marks.
• A dissolved Montana corporation's name stays protected for 120 days after dissolution.

Choose a registered agent

Can it be you?

Yes: the Secretary of State says you can be your own (noncommercial) registered agent if you have a physical Montana address.

Address

A noncommercial agent must give an actual street address (or rural route box number) in Montana, plus a Montana mailing address if different; P.O. Boxes are not accepted. A commercial agent is named only, because its Montana address is on file with the Secretary of State.

Their consent

The agent does not sign the Articles: naming an agent counts as the LLC's statement that the agent has agreed to serve, and the Secretary of State notifies the agent of filings that name them.

• Montana uses a two-type system: commercial registered agents file a listing statement with the Secretary of State and appear on a public list at biz.sosmt.gov/lists; anyone else serving is a noncommercial agent.
• The Secretary of State suggests a commercial agent if the business has no physical presence in Montana or you do not want your own address on the record.
• Changing your registered agent or office later is free.

File the Articles of Organization

File online at Secretary of State’s online filing portal. Fee: $35 (plus $50 for each series named in a series LLC).

The form asks for:

• LLC name with an LLC ending
• Whether the LLC is a term company and, if so, its term
• Business mailing address of the principal office (anywhere)
• Registered agent: a commercial agent's name, or a noncommercial agent's name and Montana street address
• Whether the LLC is member-managed or manager-managed
• Names and business mailing addresses of the managers (manager-managed) or the initial members (member-managed)
• Whether any members will be personally liable for the LLC's debts
• Professional LLC statement and services (if a PLLC)
• Series details (if a series LLC)
• Name and capacity of the person signing

What is different about Montana’s form:

• A member-managed LLC must list its initial members by name and business mailing address, not just a contact or organizer.
• The form asks whether the LLC is a 'term company' that exists only for a set period.
• It asks whether any member agrees to be personally liable for the LLC's debts and obligations.
• The person forming the LLC does not have to be a member, now or later.

On paper: No: the Secretary of State has moved to online-only filing and does not accept paper forms; you file through a user account on biz.sosmt.gov and pay by card or e-check.

Wait for approval, or pay to go faster

No standard turnaround is published on the official pages checked: the Secretary of State reviews the filing and emails you once it is approved, with the documents available in the portal.

If you paid for 24-hour processing and heard nothing, the Secretary of State says to check that the payment went through and your spam folder, then call Business Services on 406-444-3665.

Do what comes after filing

Approval is the start. Get the LLC’s EIN, free from the IRS, then work through what Montana expects next:

• Annual reportBetween January 1 and April 15 every year, starting the calendar year after formation · Free if filed by April 15 (fee waived by the Secretary of State, announced through 2027); $35 after April 15

  Every Montana LLC must file one to keep its registration active; it restates the registered agent, the principal office mailing address and the managers or members with their business mailing addresses, and must be signed by a member or authorized agent.

• Involuntary dissolution and reinstatementDissolution possible once the annual report is 140 days overdue · Reinstatement $35 plus $35 for each missed annual report

  A dissolved LLC can be reinstated within 5 years by filing every missing report and a reinstatement application; most need a Title 15 tax certificate from the Department of Revenue, except single-member LLCs not taxed as corporations.

• No sales tax registration

  Montana has no general sales tax, so there is no state sales tax permit to apply for; Montana businesses can use the Montana Business Registry Resale Certificate with out-of-state vendors.

• Withholding tax account (if paying wages)When the LLC starts paying Montana wages

  You must open a Montana withholding account with the Department of Revenue if you pay Montana wages, issue W-2s, or issue 1099s with withholding; register online through the TransAction Portal (TAP) or on Form GenReg.

• Unemployment insurance registration (if hiring)When the LLC takes on employees

  Employers register separately with the Montana Department of Labor and Industry's Unemployment Insurance Division, which also takes the quarterly UI-5 wage reports.

• Montana pass-through returnMarch 15 each year (extension to September 15)

  An LLC taxed as a partnership or S corporation with any Montana-source income files the Montana Pass-Through Entity Tax Return (Form PTE). A single-member LLC owned by a nonresident individual files Form DE with the owner's Montana Form 2.

• Local and professional licensesBefore trading

  Montana has no statewide general business license. Many cities and counties require a local business license, professions are licensed by the Department of Labor and Industry, and certain industries (such as retail food, tobacco and beer and wine sales) use the Department of Revenue's eStop license portal.

• Assumed business name (only if trading under another name)Before using the other name · $20

  A DBA in Montana is filed as an Assumed Business Name application on biz.sosmt.gov with the LLC selected as the applicant.