Montana LLC Operating Agreements (2)

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Updated May 21, 2022

A Montana LLC operating agreement is used for the purpose of setting the functions of how a company will operate and its ownership interest. It is not required by the State although is recommended, especially for multi-member companies. For an operating agreement to be legally binding it must be signed by each member of the company. It is not filed with any government office and is to be kept by each member.

Laws

“Operating Agreement” Definition

“an agreement, including amendments, as to the conduct of the business and affairs of a limited liability company and the relations among the members, managers, and the company that is binding upon all of the members.”

By Type (2)


Multi-Member LLC Operating Agreement – This document shall be used by companies that have more than one (1) member who would like to establish the necessary aspects of the business to keep the company running well and to acquire the protections needed for the contributing members.

Download: Adobe PDFMS Word (.docx)OpenDocument

 

 


Single-Member LLC Operating Agreement – For use by entities that shall be operated by a sole proprietor (single owner), so that they may establish both operations and member protections.

Download: Adobe PDFMS Word (.docx)OpenDocument

 

 

 

Table of Contents

How to Form an LLC Operating Agreement in Montana (5 steps)

The Montana Secretary of State will only accept LLC filings that have been submitted under a business name which is unique and distinguishable on their records. Therefore, you are encouraged to perform a Preliminary Search to ensure that the name hasn’t already been registered or reserved by another business.

Step 1 – Choose your Registered Agent

Your LLC will need to nominate a Registered Agent for the purpose of accepting service of process and annual state filings. In order to qualify as a Registered Agent, the agent must be one of the following:

  • Person with legal residence in the State
  • Domestic of Foreign entity in the business of serving as a Registered Agent
    • The business must be in good standing and maintain an address within the State

Step 2 – Complete the Application

Montana now allows only online filing of LLC documents. Chose the application specific to your LLC type:

  • Domestic – Articles of Organization
    • File online – scroll down to Articles of Organization for Domestic Limited Liability Company and create an ePass account
  • Foreign – Certificate of Authority for Foreign Limited Liability Company
    • File online – scroll down to Certificate of Authority for Foreign Limited Liability Company and create an ePass account

Step 3 – Filing Fee

After completing your application, supply the filing fee by attaching a $70 check made payable to the ‘Secretary of State’. You may expedite your filing time by including an additional fee:

  • $20 – 24 hour processing
  • $100 – 1 hour processing

Send your complete filing package by mail to the below address and your application will be assessed by the Secretary of State.

Secretary of State, P.O. Box 202801, Helena, MT 59620-2801

Step 4 – Operating Agreement (optional)

Owners of both single-member and multi-member LLCs may organize their internal affairs by implementing an operating agreement. The document is used to establish dates for general meetings, create operating policies, and aid in the overall smooth operation of the company.

Step 5 – Employer Identification Number (EIN)

Most financial transactions made by the LLC will require the pre-acquisition of an Employer Identification Number (EIN). This identifier is issued by the Internal Revenue Service for the purpose of overseeing the financial activity of all registered entities. With an EIN obtained, the LLC will be able to conduct the following transactions:

  • Pay employees
  • Apply for loans
  • Acquire company credit cards

Apply for an EIN by completing the Online Application, or submit Form SS-4 by mail.

(Video) How to Make an LLC Operating Agreement in Montana