As a Montana business owner, you probably have business compliance on your mind. Keeping the public information on file with the state up to date is part of those responsibilities. When a Montana limited liability company (LLC) makes changes to certain public information, you must file an amendment to your Articles of Organization known as Articles of Amendment with the state. We’ll show you how to file a Montana LLC amendment to keep your business compliant and in good standing with the state, and how we can help.
What are Montana Articles of Organization?
Montana Articles of Organization are the document that forms your LLC. It creates a legal business in the state of Montana. The Articles of Organization also provide the public with basic information about your LLC. In Montana, this includes the names of the members of the LLC, the company’s principal place of business, and information about the company’s business.
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Step 1: Determine if you need to amend your Montana Articles of Organization
Once your Montana LLC is formed, you’ll need to keep the state up to date on any changes. Businesses typically file Montana LLC amendments when they want to change key public business information. They also file amendments when they want to change their name or add articles.
The usual reasons that businesses find the need to file a Montana LLC amendment are as follows:
- Updating public information for contact purposes
- Modifying registered agent details for service of process
- Changing other information for compliance and auditing purposes
In each of these cases, it’s very helpful to have a partner guiding you through making your amendments. We offer a great Worry-Free Compliance service which includes two amendments. We’ll help you put your focus back on your work and simplify the administrative burden of running a business.
There aren’t any direct financial penalties for failure to update your Articles of Organization. However, the indirect penalties present a bigger challenge to your Montana LLC than a fine. Failure to file Montana LLC Articles of Amendment can mean that your business can’t get a Certificate of Good Standing. A Certificate of Good Standing is the document that says your business is current on its filings with the state, has paid all its fees, and is a valid Montana business.
Some problems your business may encounter if it can’t get a Certificate of Good Standing include:
- Inability to raise capital
- Inability to open a business bank account
- Inability to obtain business licenses
- Inability to do business in other states or countries
This is a non-exhaustive list of problems. Your business may encounter any number of challenges if it’s unable to obtain a Certificate of Good Standing.
Step 2: Identify what to change in your Montana Articles of Organization
It’s very important to know what you must update when you’re filing your Montana Articles of Amendment. In Montana, when filing Articles of Amendment, they must state the following:
- The name of the LLC
- The date that the Articles of Organization were filed
- The amendments you are making
In Montana, you are allowed to update the Articles of Organization however you want. There are no restrictions on what information you must file in addition to the basics.
Step 3: File your Montana LLC amendment
The Articles of Amendment are filed with the Montana Secretary of State through their online Business Services Portal system. In order to access this system, you’ll need to have your company’s log-in information. You may also have the account information you created when you filed your Articles of Organization.
If you need to change your registered agent or registered office, you’ll need to file a “Change of Registered Agent” form. If you’re only changing your registered agent, you’ll be able to do this without filing Articles of Amendment. If you need to do this in addition to filing Articles of Amendment, you’ll be able to do both from the Business Services Portal.
In addition to its Worry-Free Compliance service, which offers two amendments, we have Montana registered agent services across the United States. Let us help with your registered agent needs for your Montana LLC.
In some states, businesses have the option to amend, correct, or restate Articles of Organization when making changes. In Montana, you have the option to “restate” your articles. There’s no separate form to restate your articles. The restatement must be filed with the Secretary of State and clearly indicate it’s a “restatement” in the heading. A restatement must also provide a summary of all the past changes. Check with the Secretary of State’s office before filing a restatement of your Articles of Organization to ensure you have the filing completed correctly.
We can help your Montana LLC stay compliant
We can be your trusted guide in helping you understand Montana business compliance. Our Worry-Free Compliance service with two yearly amendments can help keep your Montana LLC on track. Our formation services, registered agent service, and wide range of compliance tools and services can help you get on the fast track to success as a Montana LLC.
Disclaimer: The content on this page is for information purposes only, and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
- Do I need an attorney to amend my Articles of Organization in Montana?
No, you don’t need an attorney to file your amendment. However, your business can make the decision to use an attorney if members have legal questions or want assistance with their amendments.
- What business changes can be reported in a Montana LLC Articles of Amendment form?
Virtually any business changes can be reported in a Montana LLC amendment.
- Are Montana LLC Articles of Amendment the same as an annual report?
No, these are two different types of documents filed with the state. An annual report is filed annually, but amendments may be filed whenever your business makes changes.
- How long does it take to file LLC Articles of Amendment in Montana?
Depending on the amount of information you need to update, the process can be relatively quick. Turnaround times at the Secretary of State’s office may vary.
- What will I receive from the state of Montana when the LLC Articles of Amendment are filed?
Once your filing is approved in the Business Services Portal, you’ll receive an email from the state that provides information on how to download your filing confirmation.