Montana Articles of Organization

How to File Your Montana Articles of Organization

When it comes to filing the MT LLC Articles of Organization for your business, there are a few important pieces of information you’ll need to include. But if you’ve never started a business in Montana before, even knowing where to begin might feel overwhelming. Fortunately, we’re here to make the process easier for business owners just like you. 

Follow the steps below to make filing your Articles of Organization in Montana feel as smooth and seamless as possible. 

Step 1: Submit Your LLC’s Official Name

One of the first things you’ll need to decide on is a name for your business. However, be sure that you select a name that complies with state business entity naming requirements. 

For example, the name you select for your Montana business must: 

• Contain certain words or abbreviations signifying the type of business structure you’re operating (e.g., “limited liability company,” “L.L.C.,” “LC,” etc.)
• Not imply that the business is set up as something other than an LLC
• Be distinguishable from any other business entity on the records of the Secretary of State

Let us help you find the right name for your business with our Business Name Checker.

Step 2: Select the Type of LLC You’re Forming

Additionally, be sure to identify the type of LLC you’re forming. For example, there will be boxes in the Articles of Organization for you to designate whether your LLC will be: 

• A standard limited liability company or a professional limited liability company (PLLC)
• An at-will or term entity
• Member-managed or manager-managed

If you intend to form a PLLC, you’ll also need to briefly describe the professional services to be provided. Additionally, if you select a term LLC, rather than an at-will LLC, be sure to list the latest date upon which the LLC is to dissolve.

Speak with a qualified legal professional in your state to discuss which options might work best for the needs and goals of your business. 

Step 3: Provide the Name and Address of Your Registered Agent

Next, you’ll also need to include the name and address of your business’s registered agent. This registered agent can be either an individual or a corporate registered agent. Regardless, however, you must select someone reliable and trustworthy, as this is the person or entity that will be tasked with accepting service of process of important legal documents on behalf of your business. 

If you’re not sure whom to select as a registered agent for your Montana LLC, use our Registered Agent Service to help make it easier to find the right registered agent for your business. 

Step 4: List Your Business’s Mailing Address

You’ll also need to include the business mailing address of your LLC’s principal place of business. Don’t forget to include the street address, city, state, and zip code. 

Step 5: Add Information About Your Members and Managers

Finally, you’ll need to include the names and mailing addresses of the managers or members of your business. You may attach additional pages if you have more members or managers than will fit in the space provided. 

Additionally, if one or more members of the LLC will be held liable for the debts and obligations of the business, you must also attach a list of any such members and each individual’s written consent. This is a requirement under Montana Code section 35-8-304, so don’t forget this step. 

Where to File Your Montana Articles of Organization

Once you have all the information you’ll need, you’re ready to file your MT LLC Articles of Organization with the appropriate government agency. In Montana, you’ll do so with the Montana Secretary of State through the online e-filing portal. This is what will make your business registration in Montana official.

At the time you submit your formation documents, you must also include the appropriate filing fee, which will vary depending on whether you select standard, priority, or expedited processing. 

What are the next steps? 

Filing your formation documents is certainly a crucial step in the process. However, the work doesn’t end there. 

Even after filing your State of Montana Articles of Organization, consider taking the following actions to better protect your business moving forward. 

Create an Operating Agreement

In Montana, an LLC doesn’t have to file, or even create, an Operating Agreement for the business. Nevertheless, this doesn’t mean doing so isn’t a good idea. 

An Operating Agreement is a document that details the rights, duties, and obligations of an LLC and its owners, and having one in place can go a long way toward clearing up potential confusion and preventing future disputes among members. If you don’t have one for your business, certain Montana default rules will apply, which is better than having nothing in place. However, having specific rules tailored to your particular business is almost always preferred.

If you need assistance creating an Operating Agreement for your business, use our Operating Agreement Template to help you get started. 

Apply for an EIN

Another thing to consider for your business is obtaining an Employer Identification Number (EIN) from the IRS. In many cases, you’ll need an EIN to: 

• Hire and pay employees
• Open business bank accounts and apply for loans
• Acquire business insurance
• Comply with certain state business license and permit requirements

Not all businesses will need an EIN immediately, and some may not ever need to obtain one. However, there’s a decent chance you’ll need one in the future, especially as you grow and expand your business.

If and when you do decide you need an EIN, use our Employer ID Number Service to save yourself valuable time and effort.  

We can help!

Starting a business can be overwhelming, but we’re here to help.

Whether you’re just getting started or need help with specific tasks, we have a variety of tools to help your business succeed. For example, we can help you keep track of your business income and expenses with our ZenBusiness Money Service or help your business stay up to date on its Montana annual report requirements with our Worry-Free Compliance Service. 

No matter what you need, we can be there with you at every step along the way as you start, manage, and grow your Montana business.