FAQ · Straight answers to the questions Montana LLC owners ask most.
Montana LLC: Frequently Asked Questions
Straight answers to the questions Montana LLC owners actually ask: formation, timing, the registered agent, the April 15 annual report, taxes, naming, dissolution, and the practical details that come up when you run a limited liability company in Montana.
One price: $199.00/yr covers your formation, your registered agent, and your annual report, plus the $35.00 state filing fee, at cost.
State agency: Montana Secretary of State, Business Services Division (Business Entity & UCC)
Annual report due: April 15 · Processing: Varies
✓ No hidden fees ✓ No second-year price hikes ✓ No missed filings
State facts
Montana LLC
Forming a Montana LLC
What do I need to form a Montana LLC?
At a minimum you need a distinguishable name that meets Montana's rules, a registered agent who has consented to serve (a listed commercial agent, or a noncommercial agent with an actual Montana street address), a principal office mailing address, and a decision on whether the LLC is member-managed or manager-managed, along with the names and business mailing addresses of the managers or initial members. With those in hand, you file the Articles of Organization online through the Secretary of State's business portal at biz.sosmt.gov.
Is Montana LLC formation done online or on paper?
Online only. The Secretary of State's office has moved to an online-only filing system, so there is no paper Articles of Organization to mail in. You file through the Business Filing Portal, signing in with a username and password or creating an account, and pay the $35 fee by card or e-check.
How long does it take?
Montana doesn't publish a standard processing time. The office reviews each filing and emails you when it's approved. If you are working against a firm deadline, the state sells faster handling: $20 for 24-hour processing or $100 for 1-hour processing.
Do I have to live in Montana to form an LLC there?
No. Montana has no residency requirement for members, managers, or the organizer who files. Anyone can own a Montana LLC. The only in-state requirement is the registered agent, who needs a Montana street address, a requirement a commercial registered agent service satisfies for out-of-state owners.
Registered Agent Questions
Does my Montana LLC need a registered agent?
Yes, always. Montana requires every LLC to appoint and continuously maintain a registered agent, either a commercial agent listed with the Secretary of State or a noncommercial agent with an actual Montana street address or rural route box number. The agent accepts service of process and state mail on the company's behalf.
Can I be my own registered agent?
Yes, if you have a Montana street address (a P.O. box can only be a separate mailing address). Montana's agent law sets no residency or age requirement beyond that. Keep in mind the address becomes public on the state's business search, so home-based owners often prefer a commercial service to keep their address private.
Does the agent have to agree to the role?
Yes. Under section 35-7-105, appointing an agent is the LLC's affirmation that the agent has consented to serve. You cannot list someone as your agent without their agreement, which protects people from being named without their knowledge.
How do I change my registered agent?
File a statement of change with the Secretary of State through the business portal, naming the new consenting agent and their Montana street address. There's no state fee, and the change takes effect once processed. Confirm the new agent appears on the public record before cancelling any existing service.
Costs, Fees, and the Annual Report
What does it cost to form and maintain a Montana LLC?
The Articles of Organization cost $35, among the lower formation fees in the country. Optional extras include a $10 name reservation and paid processing ($20 for 24 hours, $100 for 1 hour). The annual report is the recurring obligation; its fee is covered in the next answer.
When is the annual report due?
Between January 1 and April 15 every year, starting the year after formation. It is filed online through the Secretary of State's portal and confirms your registered agent, principal office address, and management details. It is not a financial disclosure.
Is the annual report fee really waived?
For on-time filers in 2026 and 2027, yes. The Secretary of State waived the fee for reports filed between January 1 and April 15, 2026, and announced the same waiver for 2027. The standard on-time fee on the state's fee sheet is $20. You still have to file by April 15 to get the waiver; a report filed after April 15 costs $35. An LLC that goes 140 days without filing is in default and can be involuntarily dissolved if it doesn't cure within 90 days of the state's notice.
Does Montana have an LLC franchise tax?
No separate franchise tax applies to a standard pass-through LLC. Montana does have an individual income tax, and the LLC's income flows through to the members' personal Montana returns, but there is no distinct entity-level franchise tax for a typical LLC.
Naming, Structure, and Taxes
What are the naming rules?
Your name must include "limited liability company," "limited company," "L.L.C.," "L.C.," "LLC," or "LC," must not include another business identifier such as "Inc.," and must be distinguishable from every other name on file with the state. Restricted words tied to banking, insurance, or licensed professions may need regulator approval. Check availability on the business search before filing.
Member-managed or manager-managed: what's the difference?
In a member-managed LLC, the owners run the day-to-day. In a manager-managed LLC, designated managers (who may or may not be members) handle operations while other members stay passive. You state the structure in the Articles of Organization, along with the names and mailing addresses of the managers or initial members, and spell out the details in your operating agreement.
How is a Montana LLC taxed?
By default, a single-member LLC is a disregarded entity (reported on the owner's Schedule C) and a multi-member LLC is taxed as a partnership (Form 1065), with income flowing through to members' personal returns. You can elect S-corporation or C-corporation treatment with the IRS if it fits your situation, which is a conversation for a CPA. Mainstay Filing applies for the EIN for you when we form the LLC.
Do I need an operating agreement?
Montana does not require one, but you should have it. It protects the liability shield for single-member LLCs, prevents disputes in multi-member LLCs, and is commonly requested by banks. It stays private and is never filed with the state.
Running and Closing the LLC
Can a Montana LLC have just one member?
Yes. Montana allows single-member LLCs. A one-owner LLC still gets liability protection and still files the annual report and maintains a registered agent like any other. A written operating agreement is especially valuable for single-member LLCs because it reinforces the separation between owner and company.
Do I need a business license?
Montana has no single statewide general business license. Licensing depends on your industry. Many trades and professions are regulated by state boards, and some cities or counties require local registrations or permits. These are separate from your Secretary of State filing and run on their own schedules.
How do I close a Montana LLC?
To dissolve voluntarily, the members approve dissolution under the operating agreement or Montana's default rules, wind up the business (settle debts, distribute remaining assets), and file the appropriate dissolution filing with the Secretary of State. Closing it out properly stops future annual report obligations and ends the company cleanly rather than leaving it to be involuntarily dissolved.
What happens if I ignore the annual report?
A report filed after April 15 costs $35. If the LLC goes 140 days without filing, it's in default under section 35-8-209. By September 1 the Secretary of State lists defaulting LLCs and sends notice, and an LLC that doesn't cure within 90 days is involuntarily dissolved. From then on it may carry on business only to wind up its affairs. Reinstatement is possible within five years, by filing an application with all the unfiled reports and paying $35 plus $35 for each delinquent year, but that's far more costly and disruptive than simply filing on time.
Frequently asked questions
Can a non-US resident form a Montana LLC?
Yes. There is no citizenship or residency requirement to own a Montana LLC. A non-US resident can form one, though obtaining an EIN without a US Social Security number or ITIN requires filing Form SS-4 by fax or mail rather than the instant online application, and opening a US bank account can be more involved. A Montana registered agent is still required.
Do I need a separate bank account for my Montana LLC?
Practically, yes. Keeping business and personal money separate is what preserves the liability shield. Mixing them lets a court disregard the LLC and reach you personally. Most banks require your filed Articles of Organization, your EIN, and often your operating agreement to open a business account.
How many members can a Montana LLC have?
A Montana LLC can have one member or many. There is no upper limit. Members can be individuals, other LLCs, corporations, or trusts, and they do not have to live in Montana or the US. The management structure and each member's stake are set out in the operating agreement.
Is the Montana annual report a tax return?
No. The annual report is a status confirmation filed with the Secretary of State. It updates your registered agent, addresses, and management details. It is not a financial disclosure and is separate from any federal or Montana income tax returns you file. Keep the two obligations distinct so neither is missed.
Can I reserve a Montana LLC name before I file?
Yes. Montana lets you reserve an available name for a nonrenewable 120 days through the business portal for $10, which holds it while you prepare the rest of your filing. Reservation does not create the LLC; it just keeps the name from being taken before you are ready to submit the Articles of Organization.
Ready to form your Montana LLC?
Formation, your registered agent, and your annual report. One price, $199.00/yr, with the state fee passed through at cost.
Form Your Montana LLC ($199.00/yr All-In)