Get a Montana Registered Agent

One of the things you’ll need to decide before filing your paperwork to form a limited liability company (LLC), corporation, or other registered business entity in Montana is who will be your registered agent. The state requires all registered businesses to have one, but what is a registered agent? What are their duties, and what are the requirements to be one?

What is a Montana registered agent?

A registered agent is an individual or company that is designated by the entity to receive important legal documents on behalf of the business. This position is needed to help ensure that the right people within a business are notified in the event of time-sensitive events, which could be service of process for lawsuits, garnishment notices against employees, notice of annual reports, or notifications of taxes.

Who can be a registered agent in Montana?

A registered business in Montana must submit a filing that states:

(a) the name of the represented entity’s commercial registered agent; or

(b) if the entity does not have a commercial registered agent, the name and address of the entity’s noncommercial registered agent.

In addition, the registered office must be an actual street address or rural route box number in the state (Montana Code 35-7-104). The registered agent must be present at the registered office during all normal business hours so that they can receive service of process in person.

Benefits of Using Montana Registered Agent Services

Technically, you can serve as your own registered agent if you have a physical address in the state and you’re there during normal business hours. You could also ask a family member to fill this role for you. But opting for a registered agent service offers a plethora of benefits. These services specialize in receiving and relaying official paperwork, helping ensure nothing slips through the cracks. They give you peace of mind to go work around town and travel without worrying about your legal mail. Many services also offer extra perks like digital access to your critical documents, compliance reminders, and more.

More importantly, a professional registered agent company can help protect you from potential embarrassment. If you’re acting as your own agent, you’ll have to accept service of process yourself, which means whoever you’re with at the time — maybe a client or business partner — will know you’re facing a lawsuit. But if you use an agent service, the process server will go to the registered agent’s address. Your agent will handle these notifications privately, discreetly, and promptly.

How is a registered agent appointed in Montana?

You’ll need to name your registered agent when you complete the official paperwork with the state to form your business, so you’ll need to decide who your registered agent or registered agent service will be before you begin that process. Be sure to inform whomever you’re appointing and get their permission to serve in that role.

How much does it cost for a registered agent in Montana?

The cost of a registered agent in Montana varies based on whether you choose an individual or a professional service. If you opt to be your own registered agent or designate someone you know, the costs can be minimal, primarily associated with the potential need to maintain a physical street address or office space during business hours. For many small business owners, being their own agent requires no out-of-pocket cost but requires time and attention instead. 

On the other hand, professional registered agent services usually come with a fee. These fees can range from $100 to a few hundred dollars annually, depending largely on the level of services offered. While using a professional service might seem like an added expense, the benefits they provide — like helping ensure compliance, protecting your professional image, and offering added peace of mind — often justify the cost for many businesses.

Cost of Changing Registered Agents

To change your registered agent in Montana, you have two options:

Annual Report: You can update your registered agent information when you file your annual report. This registration is an annual requirement, but the filing window is only open from January 1 through April 15. As long as you file this report before April 15, there’s no filing fee for an LLC or a corporation; after April 15, the fee is $35.

Statement of Change: If you need to change your registered agent outside of the annual report filing window, submit a “Statement of Change of Registered Office, Agent, Both” form online with the Montana Secretary of State. Currently, Montana doesn’t charge a fee for this form.

How to Change a Registered Agent in Montana

Changing your registered agent in Florida requires some administrative effort to ensure the state records are up to date and your business remains compliant. To begin, it’s vital to first determine who your new registered agent will be. If you’re considering transitioning to a professional service or selecting another individual, ensure you obtain their consent and verify that they meet Montana’s requirements for registered agents.

After you have the agent lined up, it’s time to file paperwork. If you’re going the annual report route, you’ll need to log into the Online Business Filing System (on the Secretary of State’s website) and file your report, updating the registered agent section with the new agent’s information. But if the filing period has passed, you’ll need to log into that website and head to the agent change section of your business portal. Provide the requested information about your business, your former agent, and your new agent.

With either filing method, there isn’t a filing fee to worry about.

Change of Registered Agent Requirements

When changing a registered agent, the new agent must meet the same requirements: be a Montana resident or a business authorized to conduct business in Montana, have a physical street address in the state, and be available during business hours.

Montana Secretary of State Contact Information

Resignation of Montana Registered Agent

If a registered agent needs to resign, they’ll need to draft a statement of resignation and deliver it to the Montana Secretary of State. Post-resignation, the registered agent remains on file for 31 days unless a replacement is appointed sooner.

Steps to Remove a Registered Agent

1. Notify your business: Montana law requires the registered agent to promptly furnish the business with notice in a record of the date on which a statement of resignation was filed.
2. Submit your resignation: Draft a statement of resignation stating your name, your address, and the entity (or entities) you’re resigning from, as well as the name and address of the person the agent will send the notice to. Deliver this statement to the Secretary of State. Complete the “Resignation of a Registered Agent” form, including the Cover Letter and Statement of Resignation, and mail it to the Division of Corporations.
3. Hand off your responsibilities: Help your business transition to a new registered agent to avoid penalties. A valid registered agent is crucial to maintaining the company’s good standing.