Montana LLC Registration: From Formation to Compliance | FormLLC

Montana LLC Registration: From Formation to Compliance

Montana LLC Registration Guide for Business Owners

Starting a business in Montana is an attractive option for entrepreneurs seeking low formation costs, strong privacy, and a business-friendly regulatory environment. Montana is especially known for having no statewide sales tax, making it appealing for certain business models.

This guide explains Montana LLC registration step by step — from selecting a compliant business name and appointing a registered agent to filing the Articles of Organization, obtaining an EIN, opening a bank account, and staying compliant. Whether you are a U.S. resident or a non-U.S. founder, this guide provides clear, practical, and up-to-date guidance.

1. What is a Limited Liability Company (LLC)?

A Limited Liability Company (LLC) is one of the most popular business structures in the United States because it combines personal asset protection with flexible taxation. LLC owners, known as members, are generally not personally responsible for the company’s debts or legal liabilities.

In Montana, LLCs are widely used by small businesses, online entrepreneurs, real estate investors, consultants, and international founders entering the U.S. market.

What is a Limited Liability Company (LLC)?

2. Why Form an LLC in Montana?

Montana offers a unique mix of affordability, privacy, and simplicity. One of the state’s biggest advantages is that it has no statewide sales tax, along with relatively low formation and maintenance costs.

Benefits of a Montana LLC

  1. Limited liability protection for owners
  2. No statewide sales tax
  3. Low LLC formation filing fee
  4. Strong privacy protections for owners
  5. Available to U.S. and non-U.S. founders

3. Legal Foundation of Montana LLCs

Montana LLCs are governed by the Montana Limited Liability Company Act and are administered by the Montana Secretary of State. Your LLC becomes legally active once the Articles of Organization are approved by the state.

Key Legal Highlights

  1. Personal liability protection for LLC members
  2. Operating Agreement governs internal operations
  3. Flexible ownership and management structure
  4. Clear procedures for amendments and dissolution
  5. Authority to operate statewide in Montana

4. Choosing a Name for Your Montana LLC

Your Montana LLC name must comply with state naming rules.

  1. Must include “Limited Liability Company,” “LLC,” or “L.L.C.”
  2. Must be distinguishable from existing Montana entities
  3. Certain restricted words may require approval
  4. Name reservation is optional
  5. DBAs (assumed business names) are filed separately

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5. Registered Agent Requirements

Every Montana LLC must appoint a registered agent with a physical street address in Montana. The registered agent receives legal notices and official government correspondence on behalf of your LLC.

Who Can Be a Registered Agent?

  1. An individual resident of Montana
  2. A business entity authorized to operate in Montana

Why Use a Professional Registered Agent?

  1. Protects your personal address from public records
  2. Ensures timely receipt of legal documents
  3. Reduces the risk of missed compliance deadlines
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Feature FormLLC Provider A Provider B
Built for non-US founders ✅ Deep non-resident focus ➖ Limited support ➖ Generic templates
End-to-end guidance (LLC → EIN → BOI → Tax) ✅ Included / add-ons ➖ Partial ➖ Formation only
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Expert Note

When forming a Montana LLC, look beyond just the filing fee. The real cost includes registered agent renewals, annual reports, tax filings, and compliance accuracy. Choosing the right partner early can prevent costly mistakes later.

6. How to Register an LLC in Montana

Step 1: File the Articles of Organization

File the Articles of Organization with the Montana Secretary of State. Online filing is the standard and fastest method.

Filing fee: $35 (online)

Step 2: Create an Operating Agreement

Montana does not legally require an Operating Agreement, but it is highly recommended. This document defines ownership percentages, management roles, voting rights, and profit sharing.

Step 3: Obtain an EIN

An Employer Identification Number (EIN) is required for banking, hiring employees, and federal tax reporting. Non-U.S. founders can apply without a Social Security Number.

Step 4: Open a Business Bank Account

You typically need:

Step 5: Obtain Licenses & Permits

Based on your business type and location, you may need:

7. Tips to Stay Compliant

  • Maintain an active Montana registered agent
  • File your annual report on time
  • Update company information when changes occur

8. Montana LLC Fees & Costs

  • Articles of Organization: $35
  • Annual Report: Required (due by April 15)
  • State Franchise Tax: Not required
  • Registered Agent: $100–$300 per year (if using a service)
  • Business Licenses: Varies by industry
Filing Due Date Fee
Articles of Organization At formation $35
Annual Report April 15 State-set fee
Registered Agent (optional) Ongoing $100–$300
EIN After formation Free

9. Federal Requirements

1. Employer Identification Number (EIN)

Most LLCs formed through Montana LLC registration must obtain an Employer Identification Number (EIN) from the IRS for banking, hiring, and tax filings.

2. Federal Tax Classification

By default, Montana LLCs are treated as pass-through entities for federal tax purposes. The LLC itself does not pay federal income tax.

Federal tax obligations vary by income, ownership structure, and residency. Many Montana LLC owners consult a tax professional for proper compliance.

10. Conclusion

Montana LLC registration offers entrepreneurs a low-cost, flexible, and privacy-friendly way to start a U.S. business. With no sales tax and simple compliance rules, Montana remains a strong option for many founders.

With FormLLC, your Montana LLC is handled accurately from formation through long-term compliance.

11. Frequently Asked Questions

1. How much does it cost to register an LLC in Montana?

The state filing fee for Montana LLC registration is $35 when filing the Articles of Organization online with the Montana Secretary of State. Additional costs may apply if you use a registered agent service or need business licenses.

2. How long does Montana LLC registration take?

Montana LLC registrations are typically processed within 1–3 business days when filed online. Processing times may be longer during peak filing periods.

3. Do I need a registered agent to form an LLC in Montana?

Yes. Montana law requires every LLC to appoint a registered agent with a physical street address in Montana to receive legal notices and official state correspondence.

4. Is an Operating Agreement required in Montana?

No. Montana does not legally require an Operating Agreement. However, having one is strongly recommended to define ownership, management roles, and profit-sharing rules.

5. Do I need an EIN for my Montana LLC?

Most Montana LLCs need an Employer Identification Number (EIN) to open a business bank account, hire employees, and file federal taxes. Non-U.S. founders can obtain an EIN without a Social Security Number.

6. Does Montana charge an annual franchise tax?

No. Montana does not impose an annual franchise tax on LLCs. However, LLCs must file an annual report to remain in good standing.

7. Do I need a business license after forming my Montana LLC?

Montana does not issue a general statewide business license. However, depending on your industry and location, you may need specific state, county, or city permits.

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