How To Form an LLC In Montana
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1. Choose a Name for Your Montana Limited Liability Company
Check for an Available Name for the LLC in Montana: Choosing a name for your LLC is one of the first things you will need to do when you are preparing to form an LLC in Montana. To find out if the name that you have in mind for your LLC is available and not in use by another LLC, you can do a search of online databases and other records. You might want to start by checking the online database of Montana business entities at the official website of the Montana Secretary of State: Montana LLC.
Reserve a Name for Your Montana LLC: While you do not need to reserve a name before you file Articles of Organization in Montana, it might be a good idea to reserve a name if you cannot file right away. The name reservation application form can be found at Montana LLC. Your name will be reserved for 120 days for a fee of $10.00.
Filing for Trademarks Protection and Doing an LLC Name Search: If the name that you have in mind for your LLC is available in Montana but in use by an LLC in another state, there could be restrictions on your use of the name. It is a good idea to consult an attorney who can help you understand how these restrictions could affect your company and how you can protect the name that you have chosen. For additional information about naming your LLC you can go to how to choose a name for your llc.
Montana LLC Name Requirements: In Montana, the name of your LLC must include the designation "LLC," “L.L.C.,” or "Limited Liability Company." It is good to note that the term “LLC” stands for “Limited Liability Company.” “LLC” does not stand for “LLC Corporation, “Limited Liability Corporation,” or any other term that is related to a corporation. An LLC is a distinct kind of business entity that is set up differently than a corporation.
2. Find a Registered Agent in Montana
Finding a registered agent in Montana for your LLC is important. Your registered agent will act as an agent for service of process and will receive all tax documents and other legal and official notices for your LLC. There are corporate services companies that offer registered agent services that you may want to look into using. These companies offer registered agent services to LLCs for a fee of around $75.00 to $150.00.
3. File Articles of Organization with the Montana Secretary of State
Minimum Requirements for the Articles of Organization: The Articles of Organization that you file for your Montana LLC must contain the name of your LLC, the mailing address of your principal place of business, the name and address of your registered agent, and the name of the organizer. You should also indicate whether the LLC will be managed by a manager or by the members of the LLC and include a list of the names and addresses of the managers and members. The organizer must sign the Articles of Organization. You can download a form for the document at Montana LLC.
Other Montana Legal Provisions: You might want to include other clauses in your Articles of Organization besides the minimum requirements. It is a good idea to ask a lawyer to assist you in deciding what additional clauses to include in your Articles of Organization.
Where to Submit the Articles of Organization for Filing: Submit your Articles of Organization to the Secretary of State, P.O. Box 202801, Helena, MT 59620-2801.
Filing Fee: The fee to file Articles of Organization in Montana is $70.00.
4. Form a Montana Limited Liability Company Agreement (Operating Agreement)
After you file Articles of Organization to form your LLC, you need to create an LLC Agreement to govern your LLC. An LLC Agreement can be customized to the needs of your particular company. The details of the LLC Agreement will vary depending on the purpose of the LLC, whether the LLC was formed to run a manufacturing company, an Internet retail business, a technology start-up company, or another kind of business. Some details that you should consider include how many owners the company will have, who will initially invest capital in the company, who the initial members will be and how subsequent members will be introduced, how money will be distributed among the members, how the LLC will be managed, and what will happen in the event of the sale or dissolution of the company. It is a good idea to ask a lawyer and an accountant to assist you in creating an LLC Agreement that complies with all state requirements and federal tax laws.
Preparing to make securities filings, obtaining an EIN from the IRS, and obtaining a business license are other actions that you may need to take after forming your Montana LLC. There are corporate services companies that can help you to make these kinds of filings for a fee. For additional information about how to get a business license in your city you can go to our online guide at http://www.cityapplications.com/business-licenses.html.
5. Qualify Your Montana LLC to Do Business in Other States
Qualifying your LLC may be required for you to do business in other states and even in your home state if the main office of your company is located in another state. You will most likely be required to pay taxes in your home state when you do business in other states. For additional information about how to register or qualify your LLC to do business in other states you can go to [Qualifying to Do Business in Other States].
6. Make Annual Filings and Pay Annual Taxes in Montana
An annual report is required for all LLCs in Montana. You need to file this report by April 15th each year. You can file online or download a paper form at Montana LLC. The filing fee is $15.00. You will also need to file a tax report and pay taxes every year once you have registered your LLC in the state of Montana. For information about the taxes that will apply to your LLC and to download tax forms you can go to the official website of the Montana Department of Revenue at Montana LLC.
Forming an LLC in Montana involves many considerations and can be complex, especially if your LLC has more than one owner. It is a good idea to ask an accountant and an attorney for assistance during this process so that you can have confidence that an LLC is right for your small business and that all your paperwork is being processed correctly.
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This site is for informational purposes only and does not constitute legal, financial or tax advise. The information on this site should not be relied upon as an official source of information and should be independently verified.