How to Apply
- Online: biz.sosmt.gov
How to Form an LLC
1. Find a Business Name
- Business Search: biz.sosmt.gov/search/business
Use the Montana Secretary of State’s Business Search to check whether your desired LLC name is already in use. Type in your LLC name and select “Domestic Limited Liability Company” or “Foreign Limited Liability Company” under Entity Type. If no results show up after you hit search, the name is likely available for your business.
Under state law, your business name must contain the words “limited liability company” or “limited company.” You may also use the abbreviations “L.L.C.” or “L.C.” with or without periods. The word “limited” may be abbreviated as “Ltd.,” and the word “company” may be abbreviated as “Co.”[1]
2. Select a Registered Agent
Every business in Montana must appoint and maintain a registered agent (commercial or non-commercial) to handle its service of process. They will be responsible for receiving legal notices on behalf of the business.[2]
3. Register the LLC
Go to biz.sosmt.gov/forms/business to access the state’s Business Registration Online Portal.
Click “Login” in the top right corner and create a new account by entering your name, email, username, and password.
After verifying your email address, sign into your new account and select the desired form on the dashboard to begin the process.
Choose what type of processing you want for your articles of organization and the desired filing effective date.
Select the type of LLC you want to register and enter your business name at the bottom of the page.
Indicate the duration and purpose of your business. Then provide a mailing address for your principal office.
Search for your registered agent and add their information to your form.
Indicate whether your LLC will be managed by managers or members. Add their personal information to the form.
After reviewing the application, enter the name and title of the person who will be signing this document. You will then be prompted to pay the filing fee of $35.
4. Obtain an EIN
- Apply Online: www.irs.gov
- Apply by Fax/Mail: Form SS-4
Every LLC must apply for an Employer Identification Number (EIN) with the IRS in order to begin operating.
5. Write an Operating Agreement
In Montana, adopting an operating agreement is not legally required for LLCs. However, it may be beneficial for internal purposes.
Download: PDF, MS Word, OpenDocument
6. Choose a Tax Classification
Below are the most common types of LLC tax classification:
- LLC – As an LLC, a sole proprietorship or partnership is considered a “pass-through entity,” which means all profits are taxed as income for the members/owners.
- S-Corporation – All business profits and losses are sent to the shareholders, who must pay income tax. To file as an S-corp, an LLC must file IRS Form 2553 within 75 days of formation.
- C-Corporation – All business profits and losses are filed as a separate corporate entity. To file as a C-corp, an LLC must file IRS Form 8832 within 75 days of formation.
7. File Annual Report
Every LLC is required to file an annual report before April 15 with the Secretary of State’s office beginning the year following the initial filing and each following year.[3]