Montana LLC Operating Agreement

Key Takeaways

There’s no mandatory requirement for operating agreements in Montana, however, it is strongly recommended to draft one to protect yourself legally.
Utilize our free Montana LLC Operating Agreement template to ensure compliance with state regulations.
To form an LLC in Montana, you’ll need to file Articles of Organization with the Montana Secretary of State, designate a registered agent, and fulfill the required filing fee.

Montana LLC Operating Agreement Templates by Type

Single Member LLC

Basic Single Member LLC Operating Agreement

Used 4,920 times

Are you required to uphold your limited liability corporation status in accordance with state law? If the business is sued, the owner’s assets may be safeguarded by this agreement.

Use Basic Single Member LLC Operating Agreement

Use this operating agreement template in Montana when there is only one owner of the LLC.

Multi Member LLC

Multi-Member LLC Operating Agreement Template

Used 4,872 times

Ensure that your newly formed LLC is run the right way by having a multi-member operating agreement in place.

Use Multi-Member LLC Operating Agreement Template

Utilize this operating agreement template in Montana when multiple individuals or entities co-own the LLC.

50/50 LLC

50/50 LLC Operating Agreement Template

Used 4,872 times

This free 50/50 LLC Operating Agreement template for businesses with equal ownership.

Use 50/50 LLC Operating Agreement Template

Employ this operating agreement template in Montana when two equal partners equally share ownership and management responsibilities within the LLC.

Member-managed LLC

Member-Managed LLC Operating Agreement Template

Used 4,919 times

A manager is chosen by the firm owners to oversee day-to-day operations in a manager-managed LLC. Use this Member-Managed LLC Operating Agreement Template right away.

Use Member-Managed LLC Operating Agreement Template

Opt for this operating agreement template in Montana when the LLC’s management responsibilities are delegated to appointed members.

Legal Requirements

The Montana Limited Liability Company Act (Title 35, Chapter 8) defines all laws surrounding these companies.
The Operating Agreement Statutes in section 109 outline laws specific to operating agreements.
According to section 102(23) in Chapter 8, an operating agreement defines the conduct of the company’s business and affairs. It also includes the “relations among the members, managers, and the company” of the LLC.
All LLCs must contain the words “Limited Liability Company” or LLC in them.

How to Form LLC in Montana

It’s relatively simple to create an LLC in Montana. There are five steps, or six if you also draw up an operating agreement. We always recommend drawing one, as it helps ensure the company’s legitimacy.

Choose a Name That’s Distinctly Different

Your company’s name must be unique and distinctly different from any other business in Montana.
Use the Preliminary Search function to see whether your chosen name is available.

Nominate a Registered Agent

Nominate a person or entity to be your registered agent.
The registered agent will handle all professional, legal, or otherwise substantial company documents.
They should have an address they’re reachable by during business hours.

Complete the Application Requirements

Prepare the correct application documents based on your LLC type. Companies can be either domestic or foreign.
Domestic LLCs require Articles of Organization for Domestic Limited Liability Company. You can request this from the official site after you create an ePass account.
The state requires online filing of these documents as Montana doesn’t accept mailed documents or in-person handovers.

Pay Any Fees

Filing these documents will cost you $70. You attach a check made out to the “Secretary of State.”
Mail the finished application and check to the Secretary of State. The address is “Secretary of State, P.O. Box 202801, Helena, MT 59620-2801.”
Expedite your application by adding a check for the following fees to the package:
- 24-hour processing: $20
- One-hour processing: $100

Obtain Your EIN

Once your company receives its approval to form, you can obtain an EIN. It stands for Employer Identification Number.
The IRS supplies it through an Online Application. However, you can also submit the Form SS-4 via mail to get an EIN.
An EIN isn’t always required, especially if the company is a sole proprietorship or has no employees.
An EIN is required to complete the following transactions:
- Loan applications
- Employee payments
- Company credit card applications

Create an Operating Agreement

Draw up your operating agreement. You can start with the PandaDoc template as your base document.

Specific Considerations/ Montana LLC Laws

State Income Tax: The state income tax requirements differ based on the company type. Typically, the state regards LLCs as pass-through entities, which means the owner declares the tax as part of their income tax. The only exception is C-corps, though S-corps won’t be held accountable for the self-employment tax.
Annual Reporting Requirements: All LLCs must file an Annual Report with the Secretary of State by April 15th. They must pay a $15 late fee if they file the report late.
Registered Agent Requirement: A registered agent in Montana must be an entity registered in or a resident of the state. If the company is an entity, then it must be in good standing with the state.
Registrations for Foreign LLC: A foreign LLC must create an ePass account using the same website as domestic applications. The application form requires a Certificate of Authority for a Foreign Limited Liability Company.
Real Estate Considerations: LLC tax requirements can differ depending on if the company has real estate in its name. In Chapter 8, Part 7: Ownership and Transfer of Property, details laws surrounding real estate considerations.
Employment Laws: Montana has specific laws surrounding employers and employees of LLCs. These laws affect the minimum wage, overtime wage, and workspace rights.