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Forming a Montana LLC in 2026

Montana's LLC statute gets right to the point. Under MCA 35-8-201, "One or more persons may form a limited liability company consisting of one or more members by signing and filing articles of organization with the secretary of state." In practice that sentence means a single online filing, a $35 fee that ranks among the cheapest anywhere in the country, and a turnaround of three to five business days once submitted.

What does it take to form the LLC?

  1. Clear the name first. Montana wants a name containing "Limited Liability Company" or an abbreviation like "LLC" or "L.L.C.," and it has to stand apart from every name already registered with the Secretary of State. A quick database search now beats a rejection letter later.
  2. Line up a registered agent. State law obligates the company to keep an agent at a Montana street address from day one, under the Model Registered Agents Act at MCA Title 35, chapter 7. Who qualifies and why a PO box fails are covered on our registered agent page.
  3. Register for ePass Montana. The Secretary of State runs all business filings through its online portal, biz.sosmt.gov, and an ePass Montana account is the login that opens it.
  4. Submit the Articles of Organization with the $35 fee. Inside the portal you supply the company name, principal address, agent details, and management structure, then pay the state. Naming series members in a series LLC runs an extra $50 apiece.
  5. Grab your EIN. Apply free at IRS.gov once the state approves the filing. Banks require it, the IRS issues it in minutes, and nobody should ever charge you for it.
  6. Put an operating agreement in writing. Montana leaves the internal rules to you. Writing down ownership shares, voting, and buyout terms while everyone is still friendly is the cheapest insurance a multi-member LLC can buy, and single-member companies benefit at the bank too.

Does Montana use a form number?

No. There is nothing to number. Since the state routes formation through biz.sosmt.gov rather than paper, the Articles of Organization are a portal workflow instead of a numbered document, which is why you will not find a "Montana LLC form" PDF on the state site.

What will the state charge over time?

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The $35 formation fee happens once. From then on, the yearly touchpoint is the annual report due each April 15: a 2026 report filed on time is $0 because the Secretary of State waived the on-time fee through 2027, the standard fee is otherwise $20, and a late report runs $35. Your first report lands the calendar year after formation, in the January 1 to April 15 window. Swapping agents down the road is a $0 filing, and there is no sales tax in this state. See the full fee rundown and the annual report guide.

Want it handled for you?

Our formation package is $199 on top of the state's $35, and it bundles in your first year of registered agent coverage. From year two the agent service bills at $99 annually. We prepare the filing, submit it through the portal, and hand you a formed Montana LLC.

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