Montana: Domestic LLC Formation Filing Requirements
The short answer
A Montana LLC files Articles of Organization stating its compliant name, term status, principal-office mailing address, registered-agent information, member- or manager-management choice, all initial members or managers and their mailing addresses, and any member-liability election. One or more organizers sign; they need not become members, and the signer states a name and capacity. Filing is online for $35. The LLC exists when the articles are filed or on a stated delayed date; the LLC section states no maximum delay. No publication or one-time initial report is required.
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This is the general rule in Montana. Ezel applies current Montana law to your specific facts and answers with citations to the statutes.
| Governing law and filing record | Montana Limited Liability Company Act, MCA tit. 35 ch. 8; Secretary of State online Articles of Organization for ordinary domestic LLC (§§ 35-8-101, -201 to -202) |
|---|---|
| Organizer and signature | 1+ persons sign/file and need not be members before or after formation. Preformation signer is person forming; state name/capacity. Attorney-in-fact allowed; POA not filed (§§ 35-8-201, -204) |
| Required entity and purpose terms | Compliant LLC name; state whether term company and, if so, the term. No purpose clause required; statutory powers need not be restated (§§ 35-8-103, -202(1)(a)–(b), (2)) |
| Addresses and service fields | Complete business mailing address of principal office; commercial-agent name or noncommercial-agent name/address. Appointment affirms agent consent (§§ 35-8-202(1)(c)–(d), 35-7-105) |
| Management and owner disclosure | Choose manager/member management; list all initial managers or initial members with business mailing addresses. State whether any member assumes company debts; no ownership percentages (§ 35-8-202(1)(e)–(f)) |
| Optional and restricted provisions | May add lawful provisions, including authority limits; cannot vary § 35-8-109 nonwaivable rules. Agreement controls insiders; articles control reasonably relying outsiders (§ 35-8-202(1)(k), (3)) |
| Filing method, fee, and attachments | Online SOS portal; $35 for ordinary LLC. No ordinary attachment; series operating agreements and $50-per-series charges are outside scope. Optional 24-hour $20 or 1-hour $100 processing (SOS) |
| Formation and effective date | Existence begins when articles are filed unless a delayed effective date is specified; § 35-8-201 states no maximum delay. Filing requires compliant documents and paid fees (§§ 35-8-201, -205) |
| Publication and initial follow-up | No formation publication or one-time initial report under current Act/portal. First annual report is Jan. 1–Apr. 15 of year after formation; current on-time fee is waived (§ 35-8-208; SOS) |
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Requirements one by one
Governing law and filing record
Montana forms an ordinary domestic LLC under the Montana Limited Liability
Company Act, Mont. Code Ann. § 35-8-101, by filing Articles of Organization
through the Secretary of State's online business portal under § 35-8-201.
Organizer and signature
One or more persons sign and file the articles. They need not be members at
formation or afterward. Under § 35-8-204, a preformation document is executed
by the person or persons forming the LLC, who state a name and capacity beneath
or opposite the signature. An attorney-in-fact may sign without filing the
power of attorney.
Required entity and purpose terms
The name must be distinguishable and use an LLC designator under § 35-8-103.
The articles also state whether the company is a term company and, if so, give
the term. Montana requires no purpose clause and says the statutory powers need
not be repeated in the articles.
Addresses and service fields
The articles state the principal office's complete business mailing address,
wherever located. They also include the § 35-7-105 registered-agent filing: the
commercial agent's name or the noncommercial agent's name and address. Naming
the agent affirms consent to serve.
Management and owner disclosure
The articles choose manager management or member management. A manager-managed
LLC lists every initial manager and business mailing address; a member-managed
LLC lists every initial member and business mailing address. The articles also
state whether one or more members elect liability for company debts and
obligations. No ownership percentage is requested.
Optional and restricted provisions
Section § 35-8-202 permits other lawful provisions, including limits on member
or management authority. The articles cannot vary the nonwaivable rules in
§ 35-8-109. For other conflicts, the operating agreement controls among
insiders, while the articles control for an outsider who reasonably relies on
them to that person's detriment.
Filing method, fee, and attachments
Montana directs new-business filings through its online portal. The current
ordinary Articles of Organization fee is $35. Optional processing costs $20
for 24-hour service or $100 for one-hour service.
An ordinary non-series LLC has no mandatory attachment. A series LLC must
submit series operating agreements and pays $50 per named series member, but
series structures are outside this survey's scope.
Formation and effective date
The LLC exists when the Secretary of State files the articles unless the
articles specify a delayed effective date. Section § 35-8-201 states no maximum
number of delay days. Under § 35-8-205, the state files conforming documents
after the required fees are paid and endorses the acceptance date and time.
What trips people up
Montana's articles make the initial managers or members public. The disclosure
depends on the management choice, but one of those complete initial lists is
required.
The term election and member-liability election are separate required article
questions. Leaving a liability election blank is not the same as choosing the
ordinary no-personal-liability position.
There is no formation publication or one-time initial report. Under § 35-8-208,
the first recurring annual report is due from January 1 through April 15 of the
year after formation. The Secretary of State currently waives the on-time fee.
Common questions
Must an organizer become a member?
No. Section 35-8-201 expressly says the person forming the LLC need not be a
member at formation or afterward.
Does a member-managed LLC list every initial member?
Yes. Section 35-8-202 requires the names and business mailing addresses of the
initial members when management is reserved to members.
How far may the effective date be delayed?
Section 35-8-201 permits a delayed effective date but states no maximum delay.
Confirm the current portal's accepted date format before submitting.
Statutes and sources
- Mont. Code Ann. §§ 35-8-101, -103, -201, -202, -204, -205, and -208 —
Act name, LLC name, organizers, required and optional articles, signature,
filing and formation time, delayed date, and first annual-report timing.
Official MCA 2025 pages, accessed July 29, 2026. - Mont. Code Ann. § 35-7-105 — registered-agent filing and consent
affirmation.
https://mca.legmt.gov/bills/mca/title_0350/chapter_0070/part_0010/section_0050/0350-0070-0010-0050.html
(accessed July 29, 2026). - Montana Secretary of State business and fee pages — online new-business
route, $35 Articles of Organization fee, current on-time annual-report waiver,
and optional expedite charges. https://sosmt.gov/business/ and
https://sosmt.gov/business/fees/ (accessed July 29, 2026).
Source links
Every statute quoted above, linked, with the date we checked it.
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