Start a Montana Corporation — Step-by-Step Guide

Your corporate name has to be distinguishable from every other entity already on file in Montana. "Distinguishable" is a legal standard, not just common sense — names that differ only by punctuation, spacing, or filler words like "the" and "and" may not clear. The Secretary of State evaluates all business names on record, not just corporations but LLCs, partnerships, and reserved names too.

Start at the Montana business name search. Search your proposed name and a few close variations. If something reads or sounds too similar to an existing entity, the state may reject your Articles, which costs you time.

Name requirements

• Must include a corporate designator: "Corporation," "Incorporated," "Company," "Limited," or an abbreviation such as "Inc.," "Corp.," "Co.," or "Ltd."
• Cannot falsely imply a governmental agency or a purpose the corporation isn't authorized to pursue
• Certain regulated words (bank, trust, insurance, and similar) may require approval from the relevant Montana regulator
• Must be distinguishable from all names already registered or reserved with the Secretary of State

Optional: Name reservation

If you're not ready to file but want to hold your name, Montana lets you reserve it for a set period through the biz.sosmt.gov portal for a small state fee. Reservation doesn't create the corporation — it just locks the name while you finish assembling the filing, line up your registered agent, or wait on a co-founder.

Because Montana files online only, your first practical move is creating an ePass Montana account. ePass is the state's single sign-on for online government services, and you'll use it to access the business filing portal, submit the Articles, and later file your annual report. Set it up before you're ready to file so it isn't a scramble at the end.

Next, decide on your registered agent, because the agent has to be named in the Articles of Incorporation and must have consented to the role. The registered agent is the person or company that receives lawsuits, subpoenas, regulatory actions, and official state correspondence on behalf of your corporation.

Who can serve as your registered agent

• Yourself: You can serve if you have a physical Montana street address (not a P.O. box) and you're reliably available during business hours. Your address will appear in the public record.
• Another individual: Any Montana resident with a Montana street address — a co-founder, an employee, an attorney, or another trusted person who consents.
• A commercial registered agent service: A company authorized to serve as a registered agent in Montana. Commercial services keep their professional address in the public record instead of yours, ensure someone is always available during business hours, and forward documents to you promptly.

Why the choice matters

Whatever address you list as the registered agent's becomes searchable in the state's public business database. If you'd rather not have your home address indexed and available to anyone who looks up your corporation, a commercial service solves that. It also covers you if you travel, work in the field, or keep irregular hours — the "available during business hours" requirement doesn't bend for a busy schedule.

The Articles of Incorporation is the filing that creates your corporation in Montana's official records. You submit it through the biz.sosmt.gov portal after logging in with ePass, and you pay the state filing fee at checkout. The receipt card on this page shows the current amount; state fees are stable but do change from time to time, so it's always the figure to trust.

Montana typically processes routine online filings within a few business days. Once the state records the Articles, your corporation officially exists, appears in the public business search, and your stamped documents are available through the portal.

What goes in the Articles

• Corporate name with the required designator
• Principal office and mailing address
• Registered agent name and Montana street address, with the agent's consent
• Authorized shares — the maximum number of shares the corporation may issue, and share classes if you're using more than one
• Incorporator information — the name and address of each person forming the corporation

What you don't need to include

You don't have to draft your bylaws into the filing, name your officers, or disclose your business plan. The Articles are a short formation document, not a disclosure. The internal details — who owns what, how the board runs, what the officers do — live in your bylaws and stock records, which stay private.

Filing the Articles creates the corporation, but it doesn't organize it. That happens at the organizational meeting, held by the incorporators or the initial directors right after formation. This is the step that turns a name on file into a functioning company, and it's where corporations that skip it start to look shaky if they're ever challenged.

What you do at the meeting

• Adopt corporate bylaws — the internal rulebook governing how directors and officers are chosen, how meetings and votes work, and how decisions get made
• Appoint the initial board of directors, if the directors weren't named in the Articles
• Elect officers — at a minimum a president and a secretary, often a treasurer
• Authorize and issue stock to the founding shareholders in exchange for their contributions of cash, property, or services
• Approve a corporate bank account and adopt a banking resolution
• Handle startup resolutions, such as adopting a fiscal year or approving the S corporation election

Record written minutes and keep them in a corporate records book with your bylaws, stock ledger, and the filed Articles. Montana doesn't file any of this for you — it's internal — but it's foundational, and it's the paperwork that proves the corporation is a genuine separate entity if that's ever questioned.

An Employer Identification Number is the free, nine-digit federal tax ID the IRS hands out to businesses. It's the business equivalent of a Social Security number — you use it on tax filings, when opening bank accounts, and when hiring employees. Every corporation needs one, because a corporation files its own return regardless of how many owners it has.

How to apply

Use the IRS EIN Assistant online at IRS.gov to submit the request. The application takes about ten minutes, and the EIN is issued immediately — you can print the confirmation and use the number the same day. The online application requires a US Social Security number or ITIN for the responsible party. If you're a non-US founder without an SSN or ITIN, you apply by fax or mail using Form SS-4, which takes longer.

Get the EIN after the corporation is formed and your name is confirmed, so the IRS record matches your exact legal corporate name. A mismatch between your EIN and your state filing can create headaches at the bank.

A separate bank account is non-negotiable for a corporation. Running corporate income through a personal account, or paying personal bills from the corporate account, is exactly the kind of commingling a court points to when someone tries to pierce the veil and reach the owners personally. Keep the money separate from day one.

What most banks require to open a corporate account

• Filed Articles of Incorporation from the Montana Secretary of State
• IRS EIN confirmation
• Corporate bylaws and a banking resolution from your organizational meeting
• Government-issued ID for all authorized signers

Community banks and credit unions often handle new corporations more smoothly than large national chains, and Montana has strong local banking. Online business banks have also made account opening more accessible. Before you settle on one, weigh the monthly fees, the caps on transactions, and any minimum-balance requirement.

Most of the effort is front-loaded in formation. After that, staying compliant in Montana comes down to one predictable annual filing, keeping your registered agent valid, and observing the corporate formalities.

Annual report

Every Montana corporation files an annual report with the Secretary of State, due April 15 each year, through the biz.sosmt.gov portal. The report confirms your registered agent, principal office, and officer and director information. Montana uses a single fixed date rather than your formation anniversary, so mark the calendar. Filing late risks penalties and, if you let it lapse long enough, involuntary dissolution.

Registered agent maintenance

If your registered agent changes address, resigns, or you switch to a different agent, update the record with the Secretary of State promptly. A stale or invalid agent leaves the corporation reachable only on paper and can lead to missed lawsuits and loss of good standing.

Corporate formalities and taxes

Hold and document your annual shareholder and director meetings, keep minutes, and maintain your stock ledger. On the tax side, a C corporation files federal Form 1120 and Montana corporate income tax; an S corporation files Form 1120-S and passes income through to shareholders. Montana has no general sales tax, which is one less filing than you'd face in most states. State licensing depends on your activity and locality.