How To Start an LLC in North Carolina
Form a Montana LLC in 6 steps: choose a name, appoint a registered agent, file Articles or a Certificate of Organization with the Secretary of State, create an operating agreement, obtain an EIN, and secure required licenses and permits. Follow state naming rules and confirm local license requirements.
Starts at $0 + MT state fee and only takes 5-10 minutes
Last Updated: March 12, 2026
When thinking of which business structure to adopt in Montana, did the limited liability company (LLC) model stand out? Setting up an LLC in Montana can offer a variety of advantages.
Before moving on, know that this guide is for starting a for-profit, domestic LLC in Montana. We’ll also cover how to form a Montana professional LLC (PLLC), an LLC organized by licensed professionals like doctors or attorneys. If you’re looking to create a foreign LLC (formed outside Montana) or another business entity, then you’ll need to follow a different guide.
Pick a name for your LLC in Montana. Before you get started on any of the other steps in this Montana LLC registration guide, you’ll need to name your LLC. This is going to be a very important step. You’re essentially giving your business its identity with a name, so you’ll need to choose something that perfectly fits it.
It needs to be memorable, marketable, and, most importantly, in line with the state’s business name requirements. If you have no idea how to come up with a great name, then check out our article on the topic.
The Montana Secretary of State has strict guidelines for naming an LLC. You must follow these rules; otherwise, the Secretary of State will reject your Articles of Organization. Here are a few rules you’ll need to look over:
Check out Montana Code 35-8-103 for more information about LLC names.
Starting a PLLC is a similar process to a standard LLC, but there are a couple nuances to cover; naming the LLC is one of them. For starters, you’ll need to use a different designator; Montana currently accepts the following designators: “professional limited liability company,” “professional limited company,” “professional l.l.c.,” “professional llc,” “p.l.l.c.,” or “pllc.”
You also need to comply with any naming requirements enacted by your industry’s regulatory board. These can vary from one profession to another, so if you’re not sure what the business naming rules are for your industry, please check with your licensing agency.
When going through the first point above, it’s best to conduct a Montana business search. This can help you determine whether your desired name is available or has already been claimed by another Montana business.
On the Secretary of State’s website, you’ll find a “Business Services” page. Here, there’ll be a “Search Your Business” tool you can use.
Once you’ve picked a unique name, you may want to consider reserving it. This way, no one else will claim it while you’re setting up an LLC in Montana. You’ll need to submit a Reservation of Name form through the Secretary of State’s Enterprise Online Filing Portal. The reservation is good for 120 days. There are no renewals.
It’s important to get a domain name that’s identical or as close as possible to your business’s name. You may end up putting this domain name on your company’s signage, marketing materials, and business cards. If so, people will associate this name with your business. Be sure to check that the domain name you want is available.
Almost every business can benefit from having an online presence. It can make it easier for people to learn about your LLC (its hours of operation, business address, phone number, etc.), allows you to do business online, and helps you build brand awareness through online marketing. too.
Before choosing a name for your LLC in Montana, check to see if it has a trademark. It’d be unfortunate if, several months into your LLC’s operation, you received a trademark infringement notice. Dealing with this sort of thing can be expensive and time-consuming.
You’ll have to check yourself because the state won’t check for trademarks during your Montana LLC formation. You can check at the federal level with the United States Patent and Trademark Office’s (USPTO) website. At the state level, check out the Montana Enterprise Online Filing Portal’s trademark search tool.
In addition to checking these databases, it’s wise to do Internet searches for your business name, including checking domain names, social media sites, and online phone directories. To be really thorough, you could hire an attorney specializing in trademarks to do the work for you, although this can be pricey.
In Montana, an LLC can operate under a name other than its legal one. This is an assumed business name, generally referred to in most states as a “doing business as” (DBA) name. An LLC can opt to use an assumed business name for many reasons. A popular one is if it plans to offer a new product under a different name.
You can register this name by submitting a Registration of Assumed Business Name (ABN/DBA) form with the Secretary of State for $20. W
Name a registered agent for your Montana LLC. All LLCs in the state must have a registered agent. This agent is also known in some states as a statutory agent, resident agent, or agent for service of process. You’ll name this person or entity in your Articles of Organization. This agent is responsible for receiving official forms (like tax documents and service of process) on behalf of the LLC.
A Montana registered agent can be an individual or an entity. This agent can also be commercial or non-commercial. If it’s a person, they must be at least 18 years old. The agent must also have a physical address to accept notices in person. The address can’t be a P.O. box. This agent must also be available at their physical address during normal business hours.
Montana allows LLC owners to be their own registered agents. Although this sounds appealing, the drawbacks may change your mind:
You should also know that the business can’t be its own registered agent.
You may be apprehensive about spending money on something you can do yourself, but as we discussed above, skipping on being your own registered agent may be the better option. This is where a registered agent service comes in. This service ensures that you have a registered agent at all times, allowing you to avoid any of the scenarios listed in the previous section. You won’t have to worry about the agent leaving the position or retiring, forcing you to search for a new agent.
If your business is ever sued, then a process server will deliver the notice in person. If they can’t find your registered agent, then you may end up dealing with some issues. You can pay fines, lose your liability protection, lose your good standing status with the state, or even have the business dissolved. Another possibility is having the lawsuit move forward without your knowledge since the process server was unable to deliver the notice.
You may be better off hiring a registered agent service to take care of this responsibility.
Fill out and file your Articles of Organization with the Secretary of State. This form, when approved, will officially recognize your LLC as a legal business entity. Since it’s important to ensure that the information in this document is correct and truthful, fill it out very carefully.
For the Secretary of State to approve your Articles of Organization, you’ll need to include some specific information. Be aware that this information becomes public record once submitted. Here’s what you’ll need to add:
Be sure to look into Montana Code 35-8-202 for a much more detailed list of requirements for your Articles of Organization.
To file your Articles of Organization with the Montana Secretary of State, you’ll have to do so online for a fee of $35. Paper filings aren’t available, so you’ll need to go to the state’s Enterprise Online Filing Portal. Create an account with a username and password. Afterward, choose the Articles of Organization and follow the instructions.
Your Articles of Organization require you to list the management structure of the LLC. This means having to choose between a member-managed or manager-managed business. Most LLCs prefer the member-managed structure because, as the term suggests, the members oversee the LLC’s management.
On the other hand, if the members prefer to have someone else take care of this responsibility, they’ll need to name a manager or managers. The manager can be one of the members or an outside party. Members may choose to have a manager-managed structure if they prefer to be investors and not have to worry about running the business. Whichever option you choose, be sure to include this in your Articles of Organization.
If you’re filing your Articles of Organization toward the end of the year, then consider setting your business’s effective date after January 1. Doing this can avoid filing taxes for only a short period of the current year. This can be helpful if you don’t anticipate making any sales or conducting business during such a short period.
In Montana, if approved, your Articles of Organization are effective starting on the date you submitted the form. So, if you filed on March 20 but the document wasn’t approved until March 25, then the effective date is March 20 unless you chose a delayed effective date. You can choose to delay the filing for up to 90 days.
You’ll only need to file your Articles of Organization once, so if any changes to the business happen, like members joining or leaving the company, then you’ll need to inform the state with Montana Articles of Amendment. This document allows you to state what exactly you’ll be amending to the original Articles. The filing fee is $15.
Write up an operating agreement for your LLC. Your Montana operating agreement lays out your business’s ownership details, rules, and operational procedures. An operating agreement isn’t required by law and you won’t need to file it with the state, but having one can serve as a strong governance tool for the business. Lacking this agreement means your business will have to follow the state’s default rules for LLCs.
Since operating agreements establish the rules for your business, they can be incredibly beneficial for an LLC owner. Let’s go over a few pointers:
These are just a few general benefits. There very well may be more that can apply to you and your situation.
Here are some things you may want to include in your operating agreement:
Even if you’re the LLC’s only owner and feel you don’t need an operating agreement since you won’t be settling disputes among members, it may still be helpful. Remember that you can use the operating agreement to set up what will happen to the LLC should something happen to you. You can choose to have the business handed over to someone else or dissolved entirely.
You may also want to draft an agreement since banks, investors, and others may want to see the document before working with you. Financial institutions may also want to see this agreement to open a business bank account. And, if the LLC gets taken to court, you can use the agreement to further demonstrate that you and the business are different entities, protecting your personal assets.
Get an Employer Identification Number (EIN) with the Internal Revenue Service (IRS). This nine-digit number is like a Social Security number that’s unique to your business. It allows you to apply for a business bank account, hire employees, and pay taxes. It’s also known as a Federal Employer Identification Number (FEIN) and a Federal Tax Identification Number.
A majority of LLCs will need to apply for this number, especially if they have employees or multiple members. When applying for an EIN with the IRS, you can do so online, by mail, or by fax.
In addition to federal taxes, you’ll also need to register to pay a variety of state taxes. Once you have your EIN, you can visit the Montana Department of Revenue website and either download their registration form or register online with the TransAction Portal (TAP).
The LLC business structure gives you flexibility, and that extends to how you can choose to have your LLC taxed.
An LLC has pass-through taxation by default. Most LLCs like this because it avoids “double taxation,” in which a corporation pays taxes at both the business level and again when the income is paid out to the individual owners. But some LLCs opt to be taxed as a C corporation or an S corporation because, in their case, it works to their advantage.
Being taxed as a C corporation does mean you get double taxation, but for certain LLCs, the pros sometimes outweigh the cons. C corporations have the widest range of tax deductions, which could be a worthwhile advantage, especially for more profitable LLCs. For instance, employee insurance premiums can be written off as a business expense.
S corp (short for “Subchapter S Corporation”) is a tax status intended for small businesses. Having your LLC taxed as an S corp has pass-through taxation like a standard LLC, but it has another potential advantage for some LLCs: It could reduce your self-employment taxes.
Self-employment taxes are the portion of your taxes earmarked for Social Security and Medicare. In a typical LLC, you would pay these on all of your profits.
But filing as an S corp allows you to be an “employee-owner” and split your income into your salary and your share of the company’s profits. In this way, you pay employment taxes on your salary but not self-employment taxes on your profits. (You’ll still pay the other applicable taxes on your LLC profits, of course.)
S corp status isn’t without its drawbacks, though. The Internal Revenue Service scrutinizes S corps more closely, meaning you’re more likely to get audited. S corps also have more restrictions for qualifying.
Though it’s possible that one of the above options could work better for your LLC, remember that business taxes are rarely simple. They’re also very specific to your situation. That’s why you need to consult a tax professional to see which taxing method works best for your Montana LLC.
There’s a good chance that your Montana LLC will need at least one license or permit to operate compliantly, but it could need even more. Unfortunately, this step isn’t quite as simple as saying, “File this form with the Department of Commerce.” For this step, you’ll need to dig in and do some research.
For starters, some LLCs need to get federal licenses. For example, suppose you want to distill vodka or start your own craft brewery. In that case, you’d need to get a license from the Alcohol and Tobacco Tax and Trade Bureau since you’d be manufacturing and selling alcohol. Meanwhile, aviation businesses would need to get a license from the Federal Aviation Administration. If your LLC involves a heavily regulated activity, there’s a good chance you’ll need a federal license, but it’s your responsibility to research and know for sure.
Next, you’ll need to address state-level licenses. Unlike some states, Montana doesn’t require a general business license at the state level. You won’t have to worry about getting a sales tax permit, either; Montana doesn’t levy a state sales tax. Instead, the bulk of licensing requirements come at the local and industry levels.
Montana municipalities get to set their own local licensing requirements, such as general business licenses or industry-specific permits. For example, Missoula requires most businesses with more than $6,000 in gross receipts to get a city business license (with a few exceptions). Billings also requires every business within city limits to get a city business license. There’s a good chance that your city or county (or even both) has similar requirements.
You may also need to get zoning permits for your location. Similarly, if you’re working out of your home, you may be required to get a home occupation permit. Ultimately, it’s your responsibility to research your local requirements.
Last but not least, you’ll need to research licenses related to your industry or profession. The Montana Department of Labor and Industry oversees a variety of different professional and occupational licenses, including licenses for medical practitioners, blast technicians, plumbers, electricians, and more. If you’re in a regulated industry, you must get and maintain your professional license.
Long story short: you’ll need to do plenty of research to ensure you get all of the licenses that apply to your business — your unique industry, services, and business location.
Licensing is extremely important for a PLLC in Montana. It’s your responsibility to ensure that everyone who offers your company’s professional service is appropriately licensed at all times. But remember that these professional licensing requirements don’t overwrite your other state and local licensing requirements. You’ll still need to get those licenses, too.
After submitting your Articles of Organization and getting them approved, you’ll probably have some additional considerations depending on your situation. Here are a few.
After getting an EIN with the IRS, you should consider opening a business bank account. One thing you don’t want to do is use your personal bank account to keep track of your business’s finances. It can make sorting your finances tougher when tax season rolls around. It can also result in legal trouble if someone in court challenges whether you and the business are separate entities.
LLCs come with limited liability, but it’s never a bad idea to look into additional coverages. Business insurance may be your best bet, but what exactly should you look for? Which types of coverage would protect your business the best?
There are many insurance companies out there that offer different policies and benefits. Do some research and look into them. You can start by looking into general liability insurance, which many businesses adopt for additional liability protection.
Montana requires LLCs to file a Montana annual report with the Secretary of State through the Enterprise Online Filing Portal for a fee of $20. This report is due between January 1 and April 15 each year. This also applies if you formed the LLC during the latter part of the previous year. For example, if you formed your LLC in October, you’ll still need to file the report between those two dates the following calendar year.
Late filings have a $15 fee. If you file after April 15, your submission fee will be $35.
If some time passes and your LLC grows enough to hire employees, how will you be adding people to the team? What skills, education, and experience will you require? This is where you and the other members (if any) of the LLC will need to sit down and discuss what to look for in a candidate.
You can do some research online and see what similar companies are looking for on job-hunting sites. You can also head over to the Montana Department of Labor and Industry website. You’ll find information about the state’s employment laws, tips on conducting background checks, the option to post a job, and more.
A Certificate of Existence, commonly known as a Certificate of Good Standing, is a document that verifies your LLC has been properly formed and is in good standing with the state. It isn’t required to form an LLC or conduct business in the state, but it can help you do the following and more:
If you want to get this certificate, you’ll need to request one from the Secretary of State for a fee of $5.
In Montana, when it comes to choosing a business entity, you have several options, each with its own advantages and disadvantages. Let’s compare LLCs to other common business structures available in the state, considering factors like liability protection, tax implications, and ease of management:
In summary, choosing the right business entity in Montana depends on your specific goals, the level of liability protection desired, and your preferred tax structure. LLCs offer a flexible and popular choice due to their liability protection, tax versatility, and ease of management, making them a preferred option for many small businesses in the state.
In Montana, there are several types of LLCs that you can form based on your specific business needs and goals. Here’s a list of the different types of LLCs and brief descriptions of each:
Choosing the right type of LLC in Montana depends on factors such as the nature of your business, management preferences, and your long-term objectives. Consulting with legal and financial professionals is advisable to ensure you select the most appropriate LLC structure for your specific needs.
Do you have a better idea of how to form an LLC in Montana now that you’ve reached the end of our formation process guide? If you still feel a little lost or need more information on how to set up a Montana LLC, then get in touch with us. We’ll do everything we can to answer your questions. Whether you plan to open a restaurant specializing in pasties in Billings or a tackle shop in Three Forks, we want to help.
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Montana LLC FAQs
Montana doesn’t require LLCs to draft a business plan. Doing so comes with benefits, though. You can outline your business’s structure, highlight its goals, describe the market research you’ve done, and detail how you’ll get funding.
Having a business plan can also make it easier to secure loans and convince investors to help you out since drafting this plan shows that you’re serious about making the LLC successful.
The standard processing time for an LLC in Montana usually takes around seven to 10 business days. However, you have the option to choose one-hour and 24-hour processing times for additional fees.
You should refer to your operating agreement to see the process you established for transferring ownership of the LLC. You can choose to transfer ownership of the entire business or a portion of it. After doing so, you’ll need to update the state about the change in ownership. Do this by filing Articles of Amendment with the Secretary of State.
To remove a member from your LLC, you’ll need to make sure the reason for doing so occurred as outlined in your operating agreement. Without this agreement, you’ll need to refer to Montana Code 35-8-803.
Be sure to also address what will happen to that member’s ownership portion. Will the other members absorb it or will a third party purchase it?
Don’t forget to inform the state of the change in LLC ownership. File Articles of Amendment with the Secretary of State. Update your operating agreement, as well.
Yes, LLCs in Montana must file an annual report between January 1 and April 15 each year. Late filings will incur an additional $15 fee. We discussed this in the section “File your Montana LLC annual report.” You’ll file through the Secretary of State’s Enterprise Online Filing Portal.
To dissolve your LLC, you’ll need to submit Articles of Termination with the Secretary of State. There is no fee. Be sure to take care of the LLC’s outstanding debts, remaining profits, and assets, too.
You should refer to your operating agreement to make sure the reason for dissolving the LLC occurred. Without this agreement, you’ll need to refer to Montana Code 35-8-901 about LLC dissolutions.
Yes, Montana allows for out-of-state addresses for LLCs, but your registered agent will still need a physical street address in Montana.
Yes, you can form an LLC in Montana as a non-U.S. resident, but you will need to provide a registered agent with a physical address in Montana.
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Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. For specific questions about any of these topics, seek the counsel of a licensed professional.
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