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There are many reasons to get an LLC in Montana. Here are the main ones:
Legal protection in case of bankruptcy or lawsuits
Separation of personal and business assets
Tax benefits: flexibility & pass-through taxation
Increasing credibility and trust for your business
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Are you thinking of starting your business in Montana? There are several benefits of forming a limited liability company, such as minimizing the risk of personal liability in the event that someone sues your business. In the text below, we’ll cover how to start an LLC in Montana, going over everything you’ll need to know to officialize your business.
Now let’s dive in and examine each and every step.
Customers will know you by name, so it’s important to choose one you like and that best represents your brand when you start your new business. It should be easily distinguishable from the brand names of your competitors, because you run the risk of being sued for copyright or trademark infringement if your business name is too similar to a competitor’s. Additionally, your name needs to be recognizable enough that it stands out from the crowd and is easy to remember.
While it’s possible to change your business name later on, this may be difficult and costly to do. This is especially true if you’ve already had a lot of branded items made, set up financial accounts in the company’s name, or filed legal forms with your business moniker. You should be prepared to choose a name at the beginning of your entrepreneurship that will remain with your company long-term. Your name or slogan also needs to do a good enough job of describing the products or services the company offers and what you’re bringing to the table that no one else is.
A registered agent in Montana is a designated person who sends and receives legal paperwork on behalf of your LLC. The name of your registered agent, their contact information, and the physical address of your company’s registered office must be included when you register a business.
Any Montana resident over the age of 18 can serve as your company’s registered agent. To qualify, your registered office must not be a P.O. box and must be a physical location. Your registered agent must be reasonably available at the registered office during typical business hours.
The owner of a business can serve as the company’s registered agent. To do this, you only need to use your own name and home or office address rather than the name and address of another individual. While this may seem straightforward, acting as a registered agent is time-consuming and could be problematic for emerging business owners who are undergoing rapid expansion. If you do not have a dedicated registered agent in Montana, you will be required to put your own name and home or office address down when you file your articles of organization.
When you employ the services of a professional registered agent, you will put the address of their business on your articles of organization. Because this identifying information is advertised together with your company name so that anybody servicing your firm may reach you, having a registered agent who is someone other than yourself is likely to be more beneficial for you and your business.
This also protects your home address from becoming public information. It’s also helpful to hire a professional registered agent if you prefer to work unconventional hours. Registered agents are legally required to be available during business hours, and this often doesn’t work for new owners.
Articles of organization in Montana is a legal documentation that contains information about how the business will be structured and how it will operate. The documents must be approved by the Montana Secretary of State in order for the LLC to be formally recognized as a legal entity. When you file articles of organization for your company, it establishes the business as a separate legal entity from the business’s owner and legally registers the organization as a limited liability company with the state.
Four types of LLCs are recognized in the state of Montana:
For organizations that employ licensed professionals like lawyers, physicians, and architects, the PLLC designation may be required. Series LLCs are available in Montana to allow new LLCs to branch out from one parent LLC.
The state filing fee for the LLC articles of organization in Montana is $35.
To complete the articles of organization, you must include the following information:
To file articles of organization in Montana, you must go online and visit the state’s ePass website, where you will create an ePass that you can use to file the documents for your new business as well as other transactions with the state.
Once you’ve filed your articles of organization with the Montana Secretary of State, it’s recommended to draft an operating agreement for your Montana LLC.
An operating agreement serves as a sort of compass that helps you manage your company’s operations and fulfill the demands of your members. All LLC members must sign the operating agreement, and once this has been done, they are legally obligated to adhere to the contract’s terms and conditions. In most cases, an LLC member who no longer wishes to be a member can leave this type of contract only if the other members who also signed the agreement permit it.
If a dispute arises between two or more members of the LLC, you can refer to the operating agreement for clarification and guidance on how the matter ought to be handled in accordance with your company’s goals and objectives.
Here are some things you may want to add to your company’s written operating agreement:
Montana state law does not require limited liability companies to have operating agreements on file. That said, this document is necessary for other critical parts of your business, such as obtaining a bank account specifically for business transactions and activity. An operating agreement “need not be in writing,” per MCA 35-8-109. A verbal agreement, on the other hand, won’t help your business much, largely because it means next to nothing in a court of law.
Without a properly established operating agreement, the state of Montana determines how your business operates and what laws, restrictions, and standards apply to the company.
If your business currently has workers or will have them in the future, you need to apply for an Employer Identification Number, or EIN. The only way to opt out of having an EIN is to operate a sole proprietorship in which the only employee is yourself and you use your own Social Security number instead of an Employer Identification Number. Here’s what to know about getting an EIN for your Montana LLC.
An EIN is a business-specific version of a Social Security number. The Internal Revenue Service of the United States (IRS) requires companies to have an Employer Identification Number (EIN), so they can easily identify a particular business. This number is nine digits long and appears like so: XX-XXXXXXX.
With sole proprietorships as the only exception (and single-member LLC without employees), you will need an EIN if you have or will have employees, if you will withhold taxes from non-wage earnings, or if you fulfill other specified conditions. You will be unable to legally submit your company’s taxes without an Employer Identification Number.
Montana LLCs can benefit from an EIN in many different ways. For example, it ensures that your company’s taxes and financial records are kept completely separate from any personal money you have. This is important, even for individuals operating a sole proprietorship.
This step-by-step guide details the steps you need to name your Montana LLC properly by searching if it is unique.
There are different costs to form an LLC in Montana and maintain it. We’ve listed all of them in this post.
Appointing registered agent is a mandatory step in your LLC formation process in Montana – learn more about it.
This post details which licenses and permits your Montana LLC may require and how to obtain them.
We love helping people start their business. We take care of the LLC filing and offer additional services so you can focus on launching and growing your business, while remaining compliant with state regulations.
Here’s why people choose to form their LLC with us:
Our products are user friendly, all you need to do is answer a few questions about your business and let us take care of all the rest.
Our platform is easy to use and is optimally designed to guide you through your LLC formation process and business journey.
We offer more products to help you set and manage your business like registered agent, business licenses, and annual report.
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This portion of our website is for informational purposes only. Tailor Brands is not a law firm, and none of the information on this website constitutes or is intended to convey legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness.
