Forming a new business in Montana has its perks, and we’re not just referring to clean country air. If your client is a business owner interested in doing business in Montana through a corporation, or a corporation that wishes to do business in Montana, read on…

First, you’ll need to prepare Articles of Incorporation and file them with the Montana Secretary of State.  A nonprofit corporation will also file Articles of Incorporation. Information contained in the Articles, including names and addresses, will be available to the public on the Secretary of State’s website or on request.

The Articles of Incorporation must include:

  • A sufficiently distinct business name.  Your business cannot share the same name as another business.  This means you can use words relating to geography, numbers, abbreviations, or phonetic similarities to create a “distinct” name.
  • Business Name Reservation.  We can reserve a business name for 120 days while you set up your client’s business and prepare the Articles of Incorporation. The name of the corporation must include the word “incorporated,” “corporation,” “company,” or “limited” or an abbreviation.  If the corporation is a professional corporation, the business name must contain the words “professional corporation” or an abbreviation.
  • Information about stock shares. This amount cannot be zero. The shares have no “par value,” which means that there is no stated value of the shares.  If your client’s corporation is a “close corporation” (meaning that it has no shares because it is owned by a few people), it will need to be designated as such.
  • Registered Agent’s information.  The name, Montana street address, and contact information of the Registered Agent. The Agent is the person charged with sending and receiving corporate documents and correspondence on behalf of the corporation, and the Registered Office. We can provide an RA for you in Montana and the rest of the 50 United States.
  • Incorporator’s information.  The incorporator files the Articles of Incorporation and any other official documents required by the state. This person’s duties are finished once the corporation is incorporated. You must include the name and complete address of each incorporator.

To incorporate in Montana, contact your experienced business formation specialist at Attorneys Corporation Service, Inc..  The corporation will exist from the moment the Articles are filed.  While your business exists, it may be necessary to change information about the name of your business; ownership information; the Registered Agent or Office; or to change the Articles of Incorporation.  You must notify the Secretary of State’s Office of any changes.

Additionally, the Registered Agent must file an Annual Report to stay in good standing with the Secretary of State’s office. The report is due annually on April 15 and requires a minimal filing fee. 

If you have a corporation located outside Montana, you must file the annual report by November 1 or your company will be involuntarily dissolved. For domestic corporations, the annual report must be filed by December 1. You may apply to reinstate your company for up to five years after dissolution.

For more information on how to set up your client’s new Montana corporation, reach out to Attorneys Corporation Service, Inc. today.

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