Address of state office for filing:
Secretary of State
P.O. Box 202801
Helena MT 59620-2801
Telephone: 406-444-3665
State web address: http://leg.mt.gov/css/default.asp
State law reference: Montana Code Annotated, Title 35, Chapter 8.
Title of filing: Articles of Organization.
Filing Fee: $70
Name requirements: The official name must contain the words “Limited Liability Company,” “Limited Company,” or the abbreviations “LLC,” “L.L.C.,” “L.C.,” or “LC.” The word “Limited” may be abbreviated to “Ltd.” and the word “Company” may be abbreviated to ‘Co.” (Section 35-8-103). If the company will provide professional services, the name must contain the words “professional limited liability company”, “professional limited company”, “professional l.l.c.”, “professional llc”, “p.l.l.c.”, or “pllc.” (Section 35-8-1302). A company name may be reserved for 120 days for a fee of $10. (Section 35-8-104).
Organizer requirements: A limited liability company may be organized by one person. The organizer need not be a natural person, nor a member. (Section 35-8-201).
Articles of Organization requirements: Articles of Organization must contain the following: (1) name of company, (2) duration of company, if less than perpetual, (3) the address of the company’s principal place of business, (4) registered agent name and office address, (5) whether company will be managed by managers or members, (6) the names and addresses of the managers if managed by managers, or the names and addresses of the members if managed by members; (7) whether one or more members of the company are to be liable for the company’s debts and obligations under Section 35-8-304(3), (8) company purpose, if the company will render professional services, and (9) any additional matters. (Section 35-8-202).
Annual report requirement: Yes, to Secretary of State. (Section 35-8-208). $15 filing fee before April 15; $30 filing fee after April 15.
Publication requirement: No.
Effective date of limited liability company organization: On the date of official approval of Articles of Organization, the company becomes a legal entity and the members are shielded from personal liability. The effective date is also retroactive to the date of submission. (Section 35-8-205).
Membership requirements: Minimum number required is one. The member may be a natural person or a business entity. (Section 35-8-201).
Other: Under Section 35-8-304(3), the Articles of Organization may provide that all or specified members of a company are liable in their capacity as members for all or specified debts, obligations, or liabilities of the company. If one or more members of the company are to be liable for the company’s debts and obligations under Section 35-8-304(3), the written consent of each of these members must be filed with the Articles. Also, the registered agent must deliver to the Secretary of State a written statement accepting the appointment. (Section 35-8-105). The state provides a form for this purpose.
We have the form for that
