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How to Form a Limited Liability Company in Montana

Nov 5, 2022

 

Start an LLC in Montana in 5 Simple Steps

Step 1: Give Your Montana LLC a Name
Step 2: Select a Registered Agent. Step 3: File the Articles of Organization. Step 4: Draft an Operating Agreement.
Step 5: Obtain an EIN

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Table of Contents

      • It is simple to form an LLC in Montana.
      • STEP 1: Give your Montana LLC a name.
      • STEP 2: Select a Montana Registered Agent
      • STEP 3: Submit the Montana LLC Articles of Organization to the Secretary of State.
      • STEP 4: Draft an Operating Agreement for a Montana LLC.
      • STEP 5: Obtain an EIN
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It is simple to form an LLC in Montana.

To form a Montana LLC, submit the Articles of Organization with the Montana Secretary of State, which costs $35. You may submit your application online. The Articles of Organization are the legally binding documents that establish your Montana limited liability corporation.

STEP 1: Give your Montana LLC a name.

The first and most significant step in forming an LLC in Montana is deciding on a name. Make sure your name conforms with Montana naming regulations and is readily searched by prospective customers.

1. Follow the naming conventions:

The word “limited liability corporation” or one of its acronyms must be in your name (LLC or L.L.C.).
Your LLC’s name cannot include terms that may be confused with a government organization (FBI, Treasury, State Department, etc.).
Restricted terms (e.g., bank, attorney, university) may need extra documentation and the participation of a licensed professional, such as a doctor or lawyer, in your LLC.

2. Does the name exist in Montana? Do a name search on the Montana Secretary of State’s website to ensure that the name you choose isn’t already used.
3. Is the URL accessible? We propose that you investigate if your company’s name is accessible as a web domain. Even if you don’t intend to create a company website right away, you may wish to purchase the URL to prevent others from doing so.

STEP 2: Select a Montana Registered Agent

You must choose a Montana registered agent for your LLC.

What exactly is a Registered Agent? A registered agent is a person or corporate organization that accepts vital legal papers on your behalf. Consider your registered agent to be your company’s point of contact with the state.

Who is eligible to be a Registered Agent? A Registered Agent must be a Montana citizen or an organization, such as a registered agent service, that is permitted to do business in Montana. You may choose someone from your organization, even yourself.

STEP 3: Submit the Montana LLC Articles of Organization to the Secretary of State.

You must submit the Articles of Organization with the Secretary of State to register a Montana LLC. This is something that can be done online.

STEP 4: Draft an Operating Agreement for a Montana LLC.

Although an operating agreement is not necessary in Montana, it is a good idea to have one.

What exactly is an operating agreement? An operating agreement is a legal document that outlines an LLC’s ownership and running processes.

Why are operating agreements necessary? A detailed operating agreement guarantees that all firm owners are on the same page and decreases the likelihood of future disagreement.

STEP 5: Obtain an EIN

What exactly is an EIN? EIN is an acronym that stands for Employer Identification Number. EINs are nine-digit numbers provided by the Internal Revenue Service (IRS) to companies to assist them be identified for tax reasons. It is basically a business’s Social Security Number.

An EIN is also known as a Federal Employer Identification Number (FEIN) or a Federal Tax Identification Number (FTIN) (FTIN).

Why do I need an EIN? An EIN is necessary in order to:

Establish a business bank account.
Filing and managing federal and state income taxes
Employ people

What if my single proprietorship already has an EIN? When transitioning a sole proprietorship to an LLC, the IRS demands a new EIN.

Where can I get an EIN? The IRS will provide you an EIN for free. Obtaining an EIN is a simple procedure that may be completed online or by mail.

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