Discover why amending your Montana Articles of Organization or Articles of Incorporation is vital for compliance and adaptability. Dive into our guide below for expert insights.
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) or corporation makes changes to certain public information, you must file an amendment to your Articles of Organization or your Articles of Incorporation known as Articles of Amendment with the state. We’ll show you how to file a Montana amendment to keep your business compliant and in good standing with the state, and how we can help.
If you need to make changes to your Montana LLC, we’ll show you how in this section. But if you need to make changes to a corporation, keep scrolling to the section titled, “Amending a Montana Corporation Articles of Incorporation.”
In Montana, the Articles of Organization is the form that officially creates your LLC; technically, until this form is filed, your LLC doesn’t even exist. This form asks for a variety of information about your business, including:
Generally, if you need to change the information included in your Articles, then you’ll need to file an amendment.
Montana LLCs need to file Articles of Amendment in order to make changes to their Articles of Organization. You can make a variety of changes, from a new business name to how the company is managed and more. But before you dive into the paperwork, you’ll want to gather the information you need to make your desired changes.
In your Articles of Amendment, you’ll need to include:
Having all of this information on hand can help streamline your filing process.
Keeping your business compliant with state business regulations helps it maintain its entitlement to all of its legal benefits. When you file your entity as a legal LLC in Montana, all information included in your filing becomes public knowledge. If your information changes but you don’t update it, the public may not have accurate contact information. Any changes in your registered agent should be reported as well since they are responsible for receiving service of process and other important communications on behalf of your 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:
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.
Now it’s time to file your paperwork. 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.
At the time of this writing, there’s a $15 fee for this filing. Once your paperwork is processed, your amendment will go into effect.
Need to make changes to your Montana corporation? We’ll show you how in this section.
In Montana, corporations file the Articles of Incorporation to create their business; technically speaking, the corporation doesn’t even exist until this paperwork is processed. The Articles of Incorporation requests a variety of information about your business, such as:
There are also a variety of optional provisions you can include if you wish, such as:
Generally speaking, if you need to make changes to this information, you’ll need to file an amendment.
Montana corporations need to file the Articles of Amendment to make changes to their founding documents. But before you dive into your paperwork, it’s helpful to gather the information you’ll need to make your desired changes.
Currently, state law requires your Articles of Amendment to include the following:
Having this information on hand can help streamline your filing process.
Now it’s time to file your paperwork. 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 Incorporation.
At the time of this writing, there’s a $15 fee for this filing. Once your paperwork is processed, your amendment will go into effect.
If you discover that you accidentally made an error on your formation documents, you don’t necessarily have to file the Articles of Incorporation. Instead, you can file Articles of Correction. This form allows you to correct those errors. It does not allow you to make substantive changes. For that, you need the Articles of Amendment.
It’s not uncommon for a business to make quite a few changes to its Articles of Organization or its Articles of Incorporation over the course of its lifetime. And technically, every time you make an amendment, you’re actually adding onto you original articles. So each time you make an amendment, you’ll actually lengthen your original Articles.
However, Restated Articles of Incorporation or Organization replaces the current articles, consolidating everything into a single form. All of the amendments become part of that document.
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 business 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 or corporation.
FAQ
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.
Virtually any business changes can be reported in a Montana business amendment.
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.
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.
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.
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.
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