How to Start an LLC in Montana

The first step will be to decide on a name for your business. Choose a name that is memorable and unique, easy to understand and pronounce, and accurately represents your business. You'll want to search your name choices on the web to quickly find out if they are already taken. It's also best to jot down one or two alternatives, in case the name you settle on is not available for registration in Montana.

There are a few rules that Montana Limited Liability Companies must follow in order to register a name.

• The name you choose must be unique and not "confusingly similar" to the name of any other Montana business. This is to prevent fraud or misrepresentation and is a common rule in all 50 states. You can find out whether a name is available in Montana by searching the Montana Secretary of State's business search tool. This interactive feature may be found at the top of the Montana Secretary of State’s Business Services Division page.

  In a pinch, you can use MyCorporation's business name search service where we will conduct a more thorough search on your behalf and report back our findings. Plus, MyCorporation includes a business name search for free when we complete your LLC filings on your behalf!

• Your business name must include the words "Limited Liability Company," or its abbreviations "LLC," "L.L.C.," "Limited Company," "LC," "L.C.," "Ltd. Liability Company," "Ltd. Liability Co.," or "Limited Liability Co."

There are two options to choose from when it comes to setting up your limited liability company in Montana. "Member managed" or "manager managed". The first thing you need to know is that owners of any LLC are referred to as "members". A single member LLC has just one owner, while a multi-member LLC is an LLC owned by 2 or more members. Pretty simple, right?

Montana LLCs also must also designate one or more individuals to manage the day to day operations of the business. This can be handled by one of the members of the business (member managed, the most popular choice and the default in most states), or a professional manager appointed by the members to act on their behalf (manager managed).

While the differences are subtle, what you really need to know is that each member in a member managed LLC has the power to make decisions for the business. However, in a manager managed LLC, the members choose who will manage the business and relinquish all of the decision making to the manager chosen. The person chosen can be one of the members of the business as well, or it can be someone else entirely.

Most states require that you designate a registered agent for your business, and Montana is no exception. A registered agent acts as the state's means to communicate with a business and is responsible for receiving legal and official documents related to the business.

In 2007, the Montana Legislature passed the Model Registered Agent Act (MORAA) Opens in a new window. This Act was meant to standardize and simply registered agent filing requirements. It also helped define a commercial registered agent as being distinct from a noncommercial registered agent.

Commercial registered agents serve as RAs in the state of Montana and must file a listing statement with the Secretary of State. This registered agent must have a physical address and reside in Montana. A P.O. Box is not accepted as a registered agent address. A member of the LLC can act as the registered agent if desired, or you may also use a third-party registered agent service like MyCorporation.

It should be noted that registered agent information is made publicly available. This can cause privacy concerns for business owners who do not wish to list their personal contact information on the internet for everyone to see. It is also common for the registered agent to become a target of spam or robocalls since this private information is relatively easy to obtain.

Another issue that may arise is that in the case of a lawsuit, these documents would be hand delivered directly to the registered agent. In the case that you used your business location for this purpose, this could occur in front of your customers. This is why many business owners opt for a third-party registered agent service such as MyCorporation to act as a registered agent on behalf of their business.

The state of Montana requires you to file Articles of Organization to form an LLC. This document includes basic information about the Montana LLC such as:

• Name of the limited liability company
• Whether or not the entity elects to be a close LLC
• Name and physical address of the registered agent
• Mailing address of the Montana LLC
• Principal office address
• Signature of the LLC member

A filing fee of $70 is also required when submitting the Articles of Organization for domestic Montana LLCs. An additional $50 is required for each series member named in the series LLC. Make the check or money order payable to the Montana Secretary of State.

After formation, the state of Montana requires an LLC to create an operating agreement. This agreement needs to be written, and should be kept with the company's records.

What kind of information needs to be included in a Montana operating agreement?

Operating agreements are required in Montana and are important to laying the foundation of a properly run business. An operating agreement sets guidelines for the way your business operates now and into the future. Common details in an operating agreement include the following:

• Basic contact details: The name of the LLC, the address of the principal business location and often, the registered agent address.
• The business purpose: This is a basic one sentence description of what kind of business your LLC will do, and is often a very general description, which creates a bit more flexibility as the business matures.
• Tax structure: Often this indicates the way the LLC will choose to be taxed. The main options are to be taxed as a sole proprietor or a partnership ( both pass through options ) or to be taxed as a corporation ( which requires an S Corp Election to be filed )
• Ownership and management: This section lays out the general rules about how the business will operate day to day. This refers to step 3, where you determined whether your business would be "manager managed" or "member managed". As mentioned before, member managed is the default and the most common choice. If you are unsure, member managed is a pretty safe bet.

Your Montana LLC may need to check in with the Montana Secretary of State for more information about the licenses and/or permits required by your business. Several factors, including the company'€™s industry and county location, may determine which documents need to be filed.

In the event that you need a bit of help, you may also turn to MyCorporation’s business license compliance package. Our skilled professionals will do the work for you by identifying all of the licenses required by your business in Montana, and provide you with the information you need in order to file them.

An EIN (also called a Federal Tax Id) is a nine-digit number that is issued by the IRS and used to uniquely identify your business for tax purposes. Think of it as a Social Security Number (SSN) for your business, except an EIN is far less sensitive. It is important to wait until the LLC has been approved by the state before applying, and for that reason, filing for an EIN is one of the last things to do when you are setting up a business.

Like a social security number, the EIN allows you to:

• Open business checking, savings, or investment accounts
• File taxes for the business
• Complete payroll for employees if applicable
• Obtain lines of credit and credit cards, as well as "build credit" for your business
• Apply for applicable business licenses when required.

You only need a few pieces of information to file including your mailing address and legal business name. You can apply online with the IRS by downloading IRS Form SS-4 (PDF)(116 KB), or work alongside a third party organization like MyCorporation to complete an EIN application.