Montana LLC Forms: Everything You Need to Know
Montana LLC forms are the documents that entrepreneurs need to file in order to form a limited liability company in the state of Montana. The Articles of Organization and the operating agreement are both examples of Montana LLC forms.3 min read
2. How Do I Form a Montana LLC?
3. What are the Articles of Organization?
Montana LLC forms are the documents that entrepreneurs need to file in order to form a limited liability company in the state of Montana. The Articles of Organization and the operating agreement are both examples of Montana LLC forms.
What Is a Montana LLC?
An LLC in Montana is no different from any other type of corporation or business. An example of a Montana LLC could be a local handyman who owns a business called "Handyman's Service LLC." The local handyman could provide services to people in his local area by utilizing a trailer of tools and a work vehicle owned by the LLC.
Limited liability companies in Montana are able to own any kind of property. Many people in the state of Montana form LLCs to buy trucks, RVs, airplanes, excavators, cars, travel trailers, dozers, skid steers, and even paintings.
LLCs and corporations are formed at the state level. Although entrepreneurs can form an LLC in any of the 50 states, your LLC is a resident of the state where you choose to file the forms to create the LLC.
An LLC in Montana is considered a normal business entity. It is not necessary to live in the state of Montana to form a Montana LLC. The Montana Code Annotated 2009 - Title 35, Chapter 8 governs LLCs in Montana. This code is referred to as the Montana Limited Liability Company Act.
How Do I Form a Montana LLC?
Next, you should choose a good name for your LLC. Be sure that that name is not in use by another business in Montana.
You will need to form the Articles of Organization. You can download this document from the Montana Secretary of State website. Simply fill in the blanks and send the form along with the check to the Secretary of State of Montana. The filing fee is $70, so you should make out a check for this amount.
Next, you should consider creating an operating agreement. It's not necessary to create an operating agreement to form an LLC in Montana, but it is recommended. If your Montana LLC ever faces a lawsuit, you can expect the state or federal court to ask for your LLC's operating agreement.
The next step is obtaining an EIN, business permits, and licenses. You also need to learn about the continuing legal obligations of an LLC. For example, you will need to file annual reports.
What are the Articles of Organization?
You need to file the Articles of Organization with Montana to form an LLC. You can file this Montana LLC form online. While the filing fee is $70, you can pay an additional $100 to have the state process the filing within an hour. If you pay an additional $20 rather than $100, the state will process the filing in 24 hours. If you don't pay an additional fee, the LLC will be approved within 10 business days.
Keep in mind that the filing fee is nonrefundable. You can pay the filing fee with a credit or debit card.
The office of the Montana Secretary of State went digital in 2017 to make the formation process for limited liability companies easier, so you can expect the state of Montana to email you the Articles of Organization and a certificate of filing. The Articles of Organization will be stamped and approved.
Some information that the Articles of Organization document includes are as follows:
- LLC name and office address
- Duration of the LLC
- List of liable members
- Type of management
You should leave the Delayed Effective Date section blank if you want the limited liability company to be effective as soon as filing is complete. As soon as the application is processed by the Secretary of State, your LLC will become effective.
You can forward the filing date to January 1 if you are forming your LLC at the end of the year and don't need the business to be open immediately. This will save you from filing taxes for the end of the year. As you can imagine, it can be a hassle to file taxes for an LLC for just two or three months.
If you need help with Montana LLC forms, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.