Starting a new business can be exciting and rewarding. To properly enjoy the satisfaction of running your own business, it’s important to make sure that you do things the right way. When forming a corporation in Montana, filing the Montana Articles of Incorporation is a vital and necessary step.
You’ll need to submit your Articles of Incorporation to the Montana Secretary of State’s (SOS) Business Services Department. Information is available on their website. Completion and filing of Articles of Incorporation should be completed according to Title 35 of the Montana Code Annotated. Once your filing is processed, the information provided in the Articles of Incorporation will be available to the public.
How to Complete the Articles of Incorporation
Whether your business is a domestic (in-state) for-profit business, you’ll need to provide some pertinent business information to the Montana Secretary of State (SOS). The form to look for is “Montana Articles of Incorporation for Domestic Profit Corporation.”
This form (along with many others) can be found on the Montana SOS website. You’ll need to make an account with the Montana SOS or log in with your preexisting account. From there, complete the form by providing the following information:
Filing Information: Select your preferred filing fees and processing options. Then, select whether you want your corporation to be effective and active once filed with the SOS or on a future specified date.
Domestication Information: This section is specifically for foreign companies. You’ll need to provide the company name as listed where it was originally incorporated and the home state. Include the date that the company was incorporated. Then upload the necessary foreign jurisdiction documents, which include the Certified Charter Document, the Certificate of Good Standing, and the Certificate of Continuation.
Entity Name: Select the type of corporation for your organization. Then, select whether you’ll file your business using a previously reserved name or a new name. This name must be unique to the state, and you may not choose a business name already in use in the state of Montana. If you have a name in mind, you can search for businesses in the state to make sure that it’s not already taken.
When you find a name you like that’s available, you have the option to utilize ZenBusiness to help you reserve it. Don’t forget that your business name needs to include a designator, such as “corporation,” “incorporated,” “company,” or “limited,” or an accepted abbreviation.
Entity Details: Select a term expiration of either perpetual/ongoing or a specified future date. Describe in the indicated field the purpose of the business. Also include the business mailing address and physical address of the principal office.
Shares: This is where you can indicate the types and number of shares that you’ve authorized to be issued.
Registered Agent in Montana: You must appoint a registered agent to accept service of process on behalf of your business. They must have a physical and mailing address within Montana and be available suffering regular business hours. Add your consenting, registered agent in the indicated fields. Learn about ZenBusiness’s registered agent services to help your business comply with this requirement.
Principals: You must indicate at least one incorporator, which is the individual or business establishing the corporation. Optionally, you can add officers or directors if you choose to.
Documents: If filing as a foreign company, you’ll need to provide supporting documents. You don’t need to provide any additional documents if you’re a domestic company.
Review: Make sure all of your information is accurate or your application could be rejected. Later corrections and revisions will delay processing times.
Sign and Submit: Read and check each declaration carefully and then provide a signature in the indicated field. You’ll also need to include your phone number and email address for contact.
Include any required supplemental form(s)
As a domestic corporation, you’re not usually required to include or supply additional forms or documents.
Foreign entities are usually required to provide a Certificate of Good Standing with the filing. Some states refer to this as a Certificate of Existence or Certificate of Authority.
How to Submit the Form
The costs to file the Montana Articles of Incorporation vary depending on the type of entity. For the latest filing fees, check the Montana Secretary of State website. The standard processing option takes seven to 10 days to process. The state charges additional fees for 24-hour processing and one-hour processing.
Montana only has online filing of Articles of Incorporation by going to Forms | Montana Secretary of State (sosmt.gov); there is no mail or fax option. Once you complete the Articles of Incorporation form, you’ll submit it and be brought to a web page to complete your payment. The filing fee can be paid by either credit card, debit card, or e-check.
Once you submit your application, you can monitor the status of your filing by selecting “My Work Queue” on the SOS user menu.
Now that your Articles of Incorporation are submitted, you need to think about how to keep your business in good standing with the state. Try our Worry Free Compliance service so you can focus on getting your corporation up and running. We’ll send you reminders about important dates and file your annual report.
Are you looking for help incorporating your business in the state of Montana? ZenBusiness can complete the Articles of Incorporation for you with our business formation plans.
Montana Articles of Incorporation FAQs
- What does it cost to incorporate in Montana?
Check the Montana Secretary of State website to see what the most current information is on fees and methods of payment available.
- How long does the incorporation process take in Montana?
Standard processing takes seven to 10 days. You can pay an increased fee for 24-hour processing or one-hour processing.
- Who processes the Montana Articles of Incorporation?
The Montana Secretary of State processes Articles of Incorporation.
- What statute governs the Montana Articles of Incorporation?
Title 35 of the Montana Code Annotated.
- Do I need an attorney to file the Montana Articles of Incorporation?
You don’t need an attorney to file, but you may wish to consult with an attorney to help determine what kind of entity suits your needs.