Montana has its own requirements for forming an LLC there. Learning the rules can help you decide if Montana is the state for your LLC, and take the surprises out of the formation process.
Naming your MT LLC
In Montana, you must include the words "Limited Liability Company" or "Limited Company," or the abbreviations “LC," "LLC" or "L.L.C." in your LLC’s name. Montana has expansive protection for business names. Your chosen name must be distinguishable from that of any LLC, corporation, or limited partnership formed or authorized to transact business in the state. Plus, it must be distinguishable from a reserved or registered name, any assumed business name, trademark or service mark.
The following are Montana’s requirements for the members and managers of LLCs:
- Minimum number. LLCs must have one or more members.
- Residence requirements. Montana does not have a provision specifying where members/managers must reside.
- Age requirements. Montana does not have age requirements.
- Inclusion in the Articles of Organization. Member/Manager names and addresses are required to be listed in the Articles of Organization.
Requirements for the Articles of Organization
You form an LLC in Montana by filing Articles of Organization and paying the state-imposed filing fee. The information required in the formation document varies by state. Montana's requirements include:
- A designation of whether the LLC will have perpetual duration or will exist for only a limited period of time
- The names and addresses of the Managers (if manager-managed) or Members(if member-managed)
- Names, addresses, and written consents of any member who will be liable for the LLC’s debts and obligations. (Professional LLCs must designate at least half of the manager.)
You must list the name and address of your LLC’s Registered Agent. The address must be a physical address in Montana, not a post office box. Your agent must be available during normal business hours to accept Service of Process and other important legal and tax documents for the business.
Professional services businesses
Montana allows professionals, such as accountants, attorneys, and physicians, to form a professional limited liability company (PLLC). There is a checkbox on the Articles of Organization to indicate that the LLC will be a PLLC. The professional services that will be provided must also be listed in the Articles and aA PLLC must include the words "professional limited liability company" in its name.