How to Conduct a Montana Business Entity Search

According to the U.S. Small Business Administration Office of Advocacy, Montana had roughly 130,563 small business entities within the state in 2023, which represents nearly all (99.3%) businesses in the state. In 2025, Montana recorded a record number of new business registrations in April 2025, with over 6,700 filings, and more than 25,000 new registrations in the first four months of the year.

Forming a business entity in Montana offers advantages, including no state sales tax, low initial filing fees for LLCs ($35), and the ability to protect personal assets from business debts, providing limited liability for owners. Businesses in Montana also benefit from accessible business incentive programs and a simplified administration process, making it an attractive state for startups and entrepreneurs.

Montana is one of the few states with no sales tax, which can provide a tax advantage for businesses operating or selling goods within the state. Forming a Montana limited liability company (LLC) or corporation separates your personal assets from your business liabilities. This means that your personal property, such as your home, is generally protected from business debts or lawsuits.

The state offers various programs and credits, such as the New Industrial Property Benefit Program and New or Expanded Industry Credit, to encourage business growth and investment. You can form an LLC in Montana even if you don't live or operate the business in the state.

Allowable Entity Types in Montana

Montana allows for several common business entity types, including:

• Sole Proprietorships

• Partnerships

• Corporations (C-Corp, S-Corp, and Professional Corporations)

• Limited Liability Companies (LLCs)

• Nonprofit Corporations

Other structures are also possible, such as Statutory Close Corporations and Limited Liability Partnerships. The Montana business structure you choose determines the business's legal structure, liability, and taxation.

Although sole proprietorships are quick and easy to form and are popular across the nation, in Montana, the most common type of business entity is the Limited Liability Company (LLC). This is due to the liability protection it offers for the owners' personal assets, while being easier and less expensive to set up than corporations. LLCs are popular for striking a balance between simplicity and protection.

Why Search for a Montana Business Entity

Small businesses are big in Montana, with the most popular type of entity being LLCs. Before partnering with or engaging with any company, conducting some due diligence could save you a lot of headaches later.

The primary reason you should conduct a Montana business entity search is to verify that your desired business name is available for use and sufficiently unique. You must also comply with Montana's business naming rules.

There are several other excellent reasons to search for a Montana business entity, including:

• Verifying if a business is in good standing.

• Reserving a business name after checking its availability.

• Verifying an LLC or corporation before doing business with them.

• Understanding compliance with naming rules.

• Gathering information about competitors.

• Conducting thorough due diligence when acquiring or investing in a business.

• Looking up a registered agent for service of process.

• Accessing other business filing information for research.

• Searching for registered trademarks to avoid conflicts.

• Performing research for lawsuits, contracts, or due diligence before any significant transactions.

How to Search for Business Entities

To search for a Montana business entity, visit the official Secretary of State's business search page and enter the criteria below:

• Business Name: You may provide part of the business's official name or the complete name if known.

• Filing Number: The filing number is a unique identifier assigned to a business entity when its formation or registration documents are filed with the Montana Secretary of State. If you know this number, you may use it to conduct a business search.**

What Information Can You Find with the Secretary of State?

Using Montana's Secretary of State search tool, you will see a list of matching results appear under the search widget area. The list will typically include the name of the matching business, its current status, registration date, and the name of the registered agent.

For more information about a specific business in the result list, click on its name. A panel will open on the right-hand side of the page containing detailed information about the business, such as the:

• Business's filing number

• Entity type

• Entity subtype

• Status

• State of formation

• Expiration date

• Principal address

• Mailing address

• Registration date

• Inactive date

• Filings available for view/download

What Business Entity Information is Not Public

In Montana, the personal information of beneficial owners for entities registered with the Secretary of State is generally not public, as it is submitted in a separate, confidential Beneficial Ownership Information Report (BOIR) to the federal government's FinCEN database under the Corporate Transparency Act (CTA).

The Montana Secretary of State's public business entity search, however, will provide basic information, such as the company's name, registered agent, tax ID number, jurisdiction of formation, and principal address, but not the private details of the individuals who own or control it. Some other information that is not made public in Montana business entity documents is as follows:

• Trade Secrets: Formulas, processes, methods, or other proprietary information that derives economic value from not being generally known to the public and is the subject of reasonable efforts to maintain its secrecy.

• Private Employee Medical Records: Medical and health insurance information.

• Customer and Employee Identifying Information: Personally identifiable information (PII), such as Social Security Numbers, driver's license numbers, and passport numbers.

• Revenue and Profit Numbers (unless a public company): Smaller companies that are not publicly traded can keep their financial data private.

• Financial Data: Bank and credit card numbers, as well as loan information.

How to Access Detailed Information

For further assistance and to access more detailed information, you will need to contact the Office of the Secretary of State, which can provide additional guidance on locating a business registered with the state. The office is located at:

Montana Capitol BuildingRm 260P.O. Box 202801Helena, MT 59620-2801Phone: (406) 444-3665

Email: sosbusiness@mt.gov

You may also find information on the following topics on the Montana Secretary of State website:

• Business Search

• Business Registration

• Trademark Search

• Lien Filing

• Certification and Notary Services

• Election and Voter Services

• Business Renewal, Amendment, and Cancellation

• Business Annual Report Filing

• Business Certificate Verification

How to Find EIN and UCC Records in Montana

To find an EIN in Montana, search the state's business directory at the Montana Secretary of State website for business entities, check the IRS's Tax Exempt Organization Search (TEOS) for nonprofits, or use a business credit report like Dun & Bradstreet. You can find publicly traded companies' EINs in SEC filings, while private companies require requesting a Form W-9 from the vendor or contacting them directly. The IRS does not have a public EIN lookup tool. Rely on EntityCheck to find EIN records in Montana.

To find UCC filings for a Montana company, visit the Montana Secretary of State's online Business Entity Search page and perform a search using the company's name. You may need to enter name variations or search by other identifying criteria to ensure a comprehensive search for any UCC (Uniform Commercial Code) financing statements associated with the business.

You can also trust EntityCheck's robust search engine to find a business's UCC filings.

Check More Details About Business Entities With EntityCheck

An even more insightful way to search for Montana business entities and access additional information is to use EntityCheck's powerful search engine. Search quickly and easily by business name, EIN, owner, phone number, or email address. Along with the information above, you can dig deeper to find additional details that could help you make better, more informed decisions about partnering with a business.

• UCC Filings: Discover Uniform Commercial Code (UCC) filings, showing creditors' attachment to business assets. These files provide insight into the organization's financial stability through its standing debts and resulting risk. Also find lien details, creditor and debtor information, filing and expiration dates, as well as collateral and asset claims.

• Court Cases: Evaluate a company's legal record to assess potential risks associated with its operations and identify any outstanding issues. Review bankruptcy filings, liens and judgments, federal court cases, litigation, and legal history of ongoing and past court cases.

• Licenses: Verify business credentials, including licenses, permits, and government certifications, as well as the educational backgrounds of decision-makers, to assess credibility.

• Filing & Compliance: Review a company's financial performance reports, DBAs (Doing Business As), and government Tax IDs.

• Trademarks & Patents: Find out what intellectual properties a company controls and review the details of any trademarks and patents it holds.

• Registered Individuals: Identify key decision-makers, registered agents, corporate officers, and leadership, even if this information is not readily available through official records.

Alternative Resources Beyond the SOS (Secretary of State) Search

Although you can find some information through the Secretary of State, you may have better luck using other resources to find more in-depth details regarding a business entity. Business information regarding corporate entities in Montana is stored, maintained, and filed with various government agencies.

Some additional resources to check when evaluating a company are the following:

• Montana Department of Revenue: The Montana Department of Revenue administers more than 40 state taxes and fees, including income taxes, natural resource taxes, corporate taxes, and miscellaneous taxes.

• Montana Department of Labor and Industry: The Montana Department of Labor and Industry (DLI) enforces state labor laws, ensures worker and workplace safety, and promotes positive business and employee relationships through various divisions.

• Local County Clerk and Recorder Offices: Local county clerk and recorder offices are responsible for recording and maintaining official documents, including deeds, surveys, mortgages, and other real estate-related records, as well as vital records such as birth and death certificates, and military discharges.

• Local Chambers of Commerce: Local Montana chambers of commerce are business advocates and community builders. They foster a healthy business climate by lobbying for pro-business policies, offering a platform for networking, and sharing resources among members.

How to Find the Owner of a Business Entity in Montana

It's often crucial to find out who the owner of a business entity in Montana is. However, going about it can be challenging. For example, Montana preserves the privacy of owners of LLCs, sole proprietorships, and partnerships. The Montana Secretary of State's Business Entity Search tool does not contain this information. Therefore, you must find creative ways to determine the owner(s) of a Montana company.

If the company is a corporation or LLC, check the Montana Secretary of State's Business Entity Search tool to find the registered agent. They are the primary point of contact for the business. You can contact them and ask for additional details, like the owner's name. Depending on the company, they may or may not provide you with what you need. During your SOS search, you may be able to download public filings such as Articles of Organization or Annual Reports, which may provide owner details.

Additionally, try EntityCheck's powerful search tool to see if the owner's information is listed there.

Additional Resources for Business Ownership Info

Some additional ways you can find the owner of a business entity in Montana are:

• Visit the Business's Website: Visit the company's website and look for a "team" or "leadership" page to see if the owners are listed there. It is common for legitimate companies to do this.

• Local Chambers of Commerce: You can search the listings of local chambers of commerce in Montana, as they often include ownership information for businesses in their databases.

• Better Business Bureau (BBB): The Better Business Bureau maintains a database of members, primarily businesses registered in the state. In confirming their registrations in the BBB database, some entities include ownership information. You may search the BBB database to find ownership information about some Montana businesses.

Types of Owners and Their Roles

Montana business owners operate under various legal structures, including Sole Proprietorships, where the owner is the business; Partnerships, where two or more owners share responsibilities and profits; and Corporations (C-corporations and S-corporations), which are separate legal entities with shareholders and limited liability. Owners in an LLC (Limited Liability Company) are referred to as members and are taxed as a pass-through entity.

These are common Montana legal business structures, and the specific roles and responsibilities of the owners depend on the chosen structure:

• Sole Proprietorship: A single individual who owns and controls the business. They are personally liable for all business debts and obligations. An example would be a freelance designer operating under their own name.

• Partnership: Two or more individuals who share ownership, responsibilities, and profits. There can be general partners (with full liability) or limited partners (with limited liability). A good example is a small law firm with two partners sharing office space and other resources.

• Limited Liability Company (LLC): Owners, known as members, have limited liability, protecting their personal assets from business debts. Profits and losses are passed through to the owners' individual tax returns, a process known as "pass-through taxation." An example of a Montana LLC is a local restaurant with a few members who own and manage the business.

• Corporation (C-Corp, S-Corp, Close Corp): Shareholders own the corporation and have limited liability, separate from the business itself. S-Corp owners can pay themselves a salary and receive additional profits as distributions, potentially avoiding some self-employment taxes. An example of a Montana corporation is a larger company with a board of directors overseeing its operations.

Different entity structures have various roles and types of ownership. Some individuals who have control over a company may not hold a traditional role within it. Leadership is a crucial factor to understand before working with a company. You may need to dig through layers of obfuscation to determine who actually owns or controls a business.

Red Flags to Look for When Searching Business Entities

When searching Montana business entities, red flags include discrepancies in official records, unusual or missing entity details, and businesses that seem to be misrepresenting their actual operations or capabilities. To avoid problems, conduct thorough due diligence and investigate each business carefully before engaging with it. Some red flags to watch out for in Montana are as follows:

Entity Status Problems

Access the official Montana Secretary of State's business entity search page to verify a business's registration status and review its recorded details. Look for companies that are in good standing and not expired. Verify the business's listed details, such as its registered agent and mailing address, to ensure they are accurate and do not contain unnecessary personal information. Verify whether the company files its annual reports every year.

According to the Montana Secretary of State, as of February 2025, there were more than 324,000 businesses in good standing, which is a record number.

Inconsistent or Suspicious Information

Another indicator that something might be wrong with a Montana business is finding inconsistent or suspicious information. Evaluate multiple sources and verify that the company name remains consistent, with the exact spelling used in all areas.

The Montana Department of Justice monitors suspicious companies and, in 2024, prevented Montana residents from losing more than $1 million to fraudulent business practices.

Ownership and Management Concerns

Other red flags related to sketchy ownership or management tactics include employees or individuals associated with the company living a lifestyle that exceeds their apparent income. Frequent employee turnover or constant complaints about specific personnel are other major concerns. Pay close attention to how the company is managed. A lack of segregation of duties or inadequate financial oversight could result in significant financial problems.

During 2021, Montana courts saw 522 employment-related cases filed, and 420 of them were closed. Most of these cases involve discrimination, retaliation, wrongful termination, harassment, and wage and hour disputes.

Always use EntityCheck to search for court cases and legal issues before engaging with a company.

Financial and Legal Warning Signs

Check for inconsistent financial transactions, a lack of documentation, duplicate payments or invoices, or suspicious cash disbursements. They, too, can indicate fraud or potential criminal activity. Always be on the lookout for requests for unusual payment types, such as wire transfers, credit cards, or those made to a personal bank account.

Additionally, watch for an unusually high number of transactions, especially around the end of a reporting period, which could be an attempt to inflate sales to defraud the government or the public.

Compliance Gaps

A company without clear, accessible guidelines for legal and regulatory compliance is a red flag. If policy documents are poorly organized or hard to locate, it suggests a lack of commitment to transparency and accountability. Additionally, a lack of established internal audit processes indicates a potential failure to monitor and ensure adherence to regulations. Another thing to watch out for is high turnover in key areas without explanation. Also, a refusal to provide transparent compliance documentation or evidence of non-compliance with Montana-specific laws, such as wage and hour regulations, is a significant warning sign.

According to a local law firm in Montana, the most common types of business litigation include:

• Product liability cases.

• Partner disputes.

• Shareholder disputes.

• Employment disputes.

• Breach of contract cases.

• Intellectual property disputes.

Any of these types of legal issues could indicate a larger problem. Always verify the company's legal history before partnering with them.

Business Purpose and Industry Red Flags

Many companies are designed to serve a need or produce a product or service for the general public. If a company claims its purpose is one thing but then engages in activities that are inconsistent with that purpose, it may indicate criminal activity or fraud.

In Montana, be cautious of unrealistic promises, such as guarantees of high returns or "risk-free" investment opportunities that sound too good to be true. Salespeople or individuals who use high-pressure tactics, creating a sense of urgency or secrecy around an investment, could also indicate fraud. Evaluate the company's policy of cold calls, texts, emails, or social media posts for investments or services that are overly attractive or fear-inducing.

Connections & Affiliations

A company's connections and affiliations can tell quite a story. Sometimes one person runs multiple dissolved/failed companies. Look for repeat patterns of dissolutions followed by new formations. That is a significant indicator of potential fraud. Something to watch out for is a company with connections to organized crime figures and politically exposed persons (PEPs). If the company tries hard to conceal the actual owner or person in charge, let that be a warning to stay away.

Some red flags in broader business records include the following:

Inconsistent Public Records

• Company filings don't match what's listed in:

• Court records

• Tax records

• Property ownership filings

• An example of this is that the registered address differs from the address in lawsuits or liens.

Poor Record-Keeping

• Missing meeting minutes (for corporations).

• No updated ownership/member list for LLCs.

• Lack of transparency in accounting records.

Regulatory Issues

• Fines, sanctions, or loss of licenses with state agencies.

• Businesses flagged by the Better Business Bureau or the Attorney General's office.

Unusual Patterns

• Very recent incorporation with sudden high activity.

• Foreign entities registered but not compliant with local laws.

• Shell-company indicators (multiple entities tied to the same registered agent at the same address).

Best Practices When Reviewing Business Entity Records

Although there are many dangers possible when working with a Montana business, following a strict code of best practices can help keep you safe. One of the most effective ways to protect your company is through a thorough business background check. They can yield a wealth of information that could help you avoid any costly mistakes.

• Cross-reference everything; don't just check one source, use multiple sources and compare.

• Compare the UCC filing data with records from litigation and bankruptcy courts. Look for discrepancies between the documents.

• Check annual reports for consistency every year.

• Research the owners of a company to detect possible bankruptcies, felonies, fraud, and other legal issues that could affect your business.

• Use a business verification service or, even better, business background reports from EntityCheck.

• Keep in mind the context. For example, a single lien may not be alarming, but multiple filings, lawsuits, and frequent leadership turnover together signal real risk.

• Obtain and review a business's credit reports for accuracy and any signs of fraud.

• Read both positive and negative reviews to gain a balanced sense of what the company is really about and a perspective on its business practices.

• Search for trademarks and patents by searching the United States Patent and Trademark Office (USPTO) website.

• If you discover fraud or suspicious activity related to a business, report it to local law enforcement and the Montana Department of Justice.

How to Register an Entity in Montana

To establish a Montana business entity, follow the detailed steps outlined below. The process may vary based on the type of entity you are forming.

1. Research and Plan the Business: By drafting a solid business plan, you can properly define your business concepts, objectives, target market, and financial goals. Additionally, a well-crafted business plan will enable you to analyze the industry, competitors, and customers thoroughly. If you need financing, banks will require a business plan.

2. Select an Appropriate Business Structure: After defining your business concept and goals, you must decide on a suitable legal business structure that will help meet your goals. You may consult with professionals, such as attorneys and financial advisors, to determine the right entity type. Alternatively, you may use the resources provided by the Small Business Administration, Montana SBDC, and the Internal Revenue Service in determining your business structure.

3. Register the Business: Not all businesses are required to register with the Montana Secretary of State. However, most permitted business entity types do. If you need to file a DBA name registration or are setting up an entity type that requires registration with the state, use the business registration guideline on the Secretary of State website to complete the process.

4. Obtain Necessary Licenses and Permits: Depending on the industry in which your proposed business will operate, you may need a state, local, or federal permit or license.

5. Register for Taxes: You must apply for an Employer Identification Number from the IRS for tax purposes if you form an LLC or Corporation. Also, you may need to register with the Montana Department of Revenue for state business tax, sales or use tax, or withholding tax, if applicable

6. Register with the Montana Department of Labor and Industry (MDLI): If you are hiring employees, you must register with the MDLI for unemployment insurance and workers' compensation insurance

7. Get Business Insurance: Protect your business with relevant insurance policies to ensure financial protection against certain unforeseen expenses. You may opt for liability insurance, property insurance, and other industry-specific coverage.

   For further information on setting up a business in Montana, see the Montana Business Start Up Guide on the Montana Department of Commerce website.

   You will incur various costs when setting up a Montana business. Some estimated figures are listed below.

Business Entity Formation Costs:

• Registrations: Filing fees for entity types typically vary between $10 and $70. For instance, LLPs and LPs pay a $10 registration fee, while nonprofit corporations pay $20. Profit corporations and LLCs pay $35. Filings for a certificate of authority by foreign profit entities and foreign business trusts cost $70.

• Assumed Business Name (DBA): If your business intends to operate under a name other than its legal name, you will need to file a DBA, which costs $20 and must be renewed every five years.

• Expedited Processing: For faster filing with the Secretary of State, 24-hour processing is an additional $20, and 1-hour processing is $100.

• Licensing Fees: Fees for local licenses vary by city or county and may differ widely depending on the business type and location. In some jurisdictions, licensing fees can reach several hundred dollars.

If you are establishing a new business in the state of Montana, you must use specific Montana business name rules. Each state in the U.S. dictates the way you can name your new company and may restrict or limit particular words or phrases. Use Montana's strict naming guidelines below to get started naming your company.

• Availability: Make sure the name you choose is available and not already taken.

• Distinctiveness: Your business name must be unique and clearly distinguishable from all other registered businesses within Montana. It cannot be close enough to confuse consumers.

• Entity Designator: Your company name must also include a legal identifier based on your business entity type. For example, if you have a Limited Liability Company, you will add "LLC" to the end of it. If you form a corporation, you will add "Corporation," "Corp," "Incorporated," or "Company" to the end of the name.

• Restricted Words: Montana prohibits the use of certain words in business names unless the name reflects what you do. If you need to use these words, you must obtain special approval from the relevant agencies and complete additional paperwork. Some of the restricted words are "bank" and "insurance."

• No Government Affiliation: You must not use words that imply a connection to the government or an official agency, such as the police or the FBI.

• Not Misleading: The name must not be confusing, misleading, or offensive.

FAQs

1. How do I look up who owns an LLC in Montana (members vs. managers)?

   It may not always be possible to look up a Montana LLC's owners, primarily through the Montana Secretary of State. Specific members and managers are not listed publicly for LLCs. However, you can look up the company, obtain the registered agent information, and contact them for more details. Other ways to find the members of an LLC include checking its online presence or using a specialized data service, such as EntityCheck, which pulls data from multiple sources and may contain the information you are looking for. Managers of an LLC can often be easily located with a quick phone call to the company.

2. How can I find a corporation's officers and directors in Montana?

   Finding a corporation's officers and directors in Montana is a bit easier. Use the Montana Secretary of State's online business entity search tool. Enter the business entity by name or filing number, and then review the details of the business entity. Click on the entity to view its detailed information, which will include the names of its officers and directors. You can also request copies of corporate filings, which will also list the corporate officers and directors by name.

3. Are business owners' names public or private in Montana?

   In Montana, business owners' names are private by default, meaning they are not generally listed in public state business registries for LLCs or Corporations. However, the federal Corporate Transparency Act (CTA) requires many businesses to report beneficial ownership information, including owner names and addresses, to the federal government's Financial Crimes Enforcement Network (FinCEN). Although this information is not publicly available, it is held by the government. What is public is the official name of a business, as well as its registered agent, which can be found on the Montana Secretary of State's Business Entity Search page.

4. Where do I search official business records in Montana?

   You can search for official business records in Montana through the Montana Secretary of State's Business Entity Search page. On this portal, you can perform searches by business name or other identifiers, view search results, and access details about Montana businesses. You can also find thousands of Montana business records using EntityCheck's unique search portal and find numerous details within minutes.

5. How do I check if a business name is available or reserved in Montana?

   To check if a business name is available in Montana, use the free Montana Secretary of State (SOS) Business Entity Search tool by entering your desired name in the search bar. If the name appears, it is already in use. If not, and you want to reserve it for your business, you can then file a name reservation through the Secretary of State online filing system. You must pay a fee when reserving, but it holds that name for you until you are ready to use it.

6. How can I view recent filings (Articles, amendments, mergers, annual/biennial reports) for a company in Montana?

   To view recent filings for a company in Montana, go to the Montana Secretary of State's Business Entity Search portal and search for the company by name or file number. Once you locate the entity in the search results, click on its name to open the record, then select "View Filings" to access its documents. Available records will vary by company. Filed documents may include Articles of Incorporation, amendments, mergers, and annual/biennial reports.

7. How do I get a Certificate of Good Standing/Existence in Montana?

   To obtain a Certificate of Existence (Good Standing) in Montana, you must apply through the Montana Secretary of State's office. You can generally do this online for companies that have paid off the required fees and filed annual reports. The process is usually immediate, and you can either access the certificate or have it sent to you, depending on the method you choose.

8. How do I obtain certified copies of formation documents and amendments in Montana?

   To obtain certified copies of formation documents and amendments in Montana, visit the official Montana Secretary of State's online portal or use the portal found on the Montana Secretary of State's business website. You can submit your request and payment online. You will need the exact name of the business entity and a clear statement of whether you require plain or certified copies. You can pay the fee using a credit or debit card.

9. How do I search UCC (Uniform Commercial Code) liens against a company in Montana?

   To search for UCC liens against a company in Montana, visit the Montana Secretary of State's website, locate the UCC search or public records section, and use the search tool by entering the company's name to find any recorded liens. Accurate spelling of the debtor's name is essential for a successful search. You can then review the search results for details about the liens and the parties involved. Check for name variations, such as former names, nicknames, or DBAs (Doing Business As), to be as thorough as possible. An even faster and better way to search for UCC filings is to use EntityCheck's business background report. Within minutes, you can access millions of business records.

10. What are the steps to register an LLC in Montana (forms, fees, timeline)?

    To register an LLC in Montana, you must take a few crucial steps. The general process is as follows: choose a business name (your LLC name must be unique and include "LLC" or "Limited Liability Company"—you can search for name availability on the Montana Secretary of State's website); appoint a registered agent with a physical street address in Montana; file your Articles of Incorporation with the Montana Secretary of State; create a detailed operating agreement that outlines your LLC's ownership, management, and operating procedures; obtain an EIN from the IRS (you will need it to open a business bank account and pay employees); and register for state taxes and get the required licenses you need to conduct business.

11. What are the steps to incorporate (C-Corp/S-Corp) in Montana?

    Forming a corporation in Montana is also a multi-step process. The general steps are to choose a business name, appoint a registered agent, file Articles of Incorporation, pay the required fee, create corporate bylaws to outline the internal operating rules and procedures for your corporation, appoint directors, and hold your initial meeting. The final step is to issue shares of stock.

12. Do I need a registered agent in Montana, and who can serve as one?

    Yes, if your business is a corporation or an LLC in Montana, you are required to have a registered agent to receive legal documents and official notices on your behalf. You may act as your own registered agent, or you can appoint another person or entity with a legal Montana street address to act as your registered agent. A registered agent in Montana must be at least 18 years old, consistently available during business hours, and can be an individual, a domestic business entity, or a foreign business entity.

13. What annual reports, franchise/margin taxes, or license renewals are required in Montana?

    In Montana, all domestic and foreign LLCs, corporations, and nonprofits must file an annual report with the Montana Secretary of State by April 15. Montana does not have a franchise tax, but it imposes a corporate income tax. C corporations and LLCs elect corporate taxation by filing an Annual Corporation License Tax Return (Form CLT-4). Pass-through entities also have filing requirements if they have Montana source income. The filing fees are $20 if filed on time and $35 if filed late. The consequences of not filing are the risk of losing their good standing, and entities that fail to file by December 1st may be dissolved.

14. How long does state approval take in Montana, and are expedited options available?

    State approval timelines in Montana vary significantly by application type. When forming an LLC, the state typically approves it within 7 to 10 business days. However, the approval process can be expedited to 1 hour for a $100 fee or 24 hours for $20 via the Montana Secretary of State's online portal.

15. Do I need to foreign-qualify to do business in Montana if my company is formed elsewhere?

    Yes, if you registered a company in another state and are transacting business there, to do business in Montana, you will need to foreign-qualify. Foreign qualification is the process of registering your business with Montana's Secretary of State office to legally conduct business there. It allows companies formed in one state to expand and grow their operations in other states without forming a new legal entity in those states. Some things that do not require foreign-qualifying are:

    • Maintaining bank accounts.

    • Holding LLC member or manager meetings.

    • Defending lawsuits in Montana.

    • Selling products or services through independent contractors.

16. What activities count as "doing business" in Montana (nexus triggers: employees, office, sales)?

    Montana calls this "transacting business." Transacting business can include maintaining a physical presence, such as an office or store, employing sales representatives in the state, or engaging in other profit-seeking activities. Registering as a foreign entity grants your company the authority to operate legally in Montana, helping your company avoid potential legal penalties and fines.

17. How do I file a DBA/fictitious business name in Montana, and is county/city filing required?

    To file a DBA in Montana, you must file an "Assumed Business Name" form online with the Montana Secretary of State for a $20 fee, but you do not need to file with your county or city for the DBA itself. The state does not require local registration. You must ensure that your chosen name is available and not already in use as a registered assumed or legal business name. Additionally, you are required to renew the registration every five years.

18. How do I change my company's name, address, officers, or members in Montana?

    To change your company's name, address, officers, or members in Montana, file a Statement of Amendment with the Montana Secretary of State (SOS), but the specific filing process and forms vary by business type and what you're changing. You must pay a fee along with your change form.

    For business name, principal address, or officer changes in a corporation, file an Articles of Amendment. For LLCs, to change the ownership or name, use an Articles of Amendment, and use an Articles of Correction to change the principal office address. Members/officers changes are often handled internally via meeting minutes or bylaws before being reported to the state.

19. How do I reinstate or revive a company that's been administratively dissolved in Montana?

    To reinstate a company administratively dissolved in Montana, first determine the cause of the dissolution. Once you understand why it was dissolved, you must resolve the compliance issue, which involves filing all delinquent annual reports and paying overdue taxes using a Title 15 Tax Certificate form. You can do this through the Montana Department of Revenue. You must then apply for reinstatement, along with the required fees and reports, to the Montana Secretary of State. You have five years from the date of dissolution to apply for reinstatement. If the company's name is no longer available, you will need to file a name change with your application.

20. Do I need to file Beneficial Ownership Information (BOI) with FinCEN, and how does that interact with Montana filings?

    Yes, you will most likely need to file Beneficial Ownership Information (BOI) with the federal Financial Crimes Enforcement Network (FinCEN) under the Corporate Transparency Act, regardless of Montana filing requirements, because Montana's BOI reporting is a part of the federal rule. You must determine if your entity is a "reporting company," which includes most corporations, LLCs, and similar entities, and then identify the individuals who ultimately own or control it. The interaction is that Montana state filings are separate from federal BOI reporting, but your Montana entity formation document serves as the trigger for the federal BOI filing deadline.