How to File Montana Articles of Incorporation

Steve Bennett
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File Montana Articles of Incorporation

While filing a new business, preferably a profit corporation in Montana, one has to submit Articles of Incorporation. This is an important document that needs to be filled out by the owner with correct information regarding the company to be started. Forming a corporation in the state is a bit complex than starting an LLC in Montana. In the following sections, you will get to read about the process, fees, and other related information to file the incorporation documents. It is recommended to consult or hire a professional service before starting a business.

Articles of Incorporation in Montana

The Articles of Incorporation are a legal document required to be filed with the state government to legalize the creation of your corporation. In other words, filing these documents with the Montana Secretary of State ensures the formation of the corporation in Montana officially. Filing articles of incorporation is similar to filing the Montana LLC Articles of Organization while forming your limited liability company in the state.

The state has some rules when it comes to filing Articles of Incorporation in Montana, popularly known as the Treasure State. We shared the step-by-step process here to file the incorporation document with the Montana SOS. Checking with the SOS is recommended for more information.

It is always wise to consult a legal professional before you file your company under the Montana SOS. FIling process can be easy, but it is sensitive. If you miss anything, it can totally stope the filing process.

– LLCBuddy Editorial Team

How to File Montana Articles of Incorporation

You can file the Articles of Incorporation in several ways based on the state you are willing to start your corporation. In Montana, you can file it in one method, that is online. The details are similar to the details you need when forming an LLC. Here are the details you must submit while filing the documents-

Step 1: Get the Form and Enter the Details

The first thing to do is find the form (PDF or online), and fill it up with correct information. Get the form from the Montana Secretary of State and send it back to the concerned department along with the filing fee.

  • Online Form: e-Business Filing
  • Offline Form: No offline form for Articles of Incorporation (PDF)
  • Filing Fee: $35

The following are the details you must add to your incorporation form-

Name of the Entity

The first thing you need to do is submit your company’s name. Make sure to mention the exact name of the company that you decided on. Like the LLC naming guidelines, you must also follow the Montana corporation naming requirements. There are a few points to note when you name your company. They are,

  • You cannot have a name used by other companies or businesses.
  • You cannot have any name that is misleading or the same as government organizations.
  • Banks, Insurance, Insurers, or any such names cannot be used as they reflect the financial organization.
  • You must add terms like corporation, limited, company, incorporated, or incorporation. You can also add abbreviations like co., ltd., inc., and corp instead of the above terms.

Address of the Corporation

The next section of the form is to provide your main address. It is necessary to have a physical street address in Montana. For those running an online business, you must provide any address in the state (including your home address) where you will receive all the business and legal documents and mail. While sharing your address, make sure not to use abbreviations, such as N.Y. for New York or L.A. for Los Angeles.

Montana Registered Agent

The next point is to provide information about the Registered Agent. The Montana Registered Agent is an individual or business entity that is responsible for receiving all the legal and official documents on behalf of the company. They must be aged above 18 years and have eligibility to conduct business in the state. The Registered Agent should be legit and experienced because, in case of any lawsuit, you need an expert to handle your issues. In most cases, the Registered Agent’s official address is the company’s official mailing address. If you form an LLC, hiring a registered agent is the most crucial step in the process.

Shares and Stocks

The next important information you must provide is about the stocks and shares. While filing the Articles of Incorporation, you must mention a minimum of one share. In Montana, to start a corporation, you need at least Three director(s) initially. When filing the incorporation documents, you must provide the share of directors in the corporation. It decides the ownership of the company.

If you amend the Montana Articles of Incorporation in the future, you will not be able to change the initial directors. You might need an additional form to change the initial directors’ details. You must check with the Montana SOS while filing the Articles of Incorporation amendment.

Additional Documents

You might need additional documents to submit along with the incorporation documents. In Montana, you can attach a cover letter with the documents as an additional document. if you are willing to start a foreign corporation in Montana, then you must add one document along with the Articles of Incorporation. Foreign corporations in Montana must submit the Montana Certificate of Good Standing along with the incorporation documents.

Signature

Finally, the signatures of the directors and shareholders are required on the form. You can have more than one share and director. All your initial directors must submit their official signatures while filing the corporation in Montana. Get their signatures to file the Articles of Incorporation.

Step 2: Submit the Articles of Incorporation in Montana

Once you are done filling up the form, now it is time for you to submit it. The form can be submitted in one method, that is online. Checking with a legal professional or a formation service while filing your corporation is recommended. It is sensitive, and one mistake can stop the entire filing process immediately.

  • Online filing: Create an account/Log in to the SOS site, get the online form, fill it out, and submit it online
  • Offline filing: there’s no offline method of filing the documents

Cost of Filing the Articles of Incorporation in Montana

The cost of filing the Articles of Incorporation in Montana is an important aspect to consider when starting a new business. This one-time fee is necessary for officially registering your corporation with the Secretary of State and can vary depending on the specific requirements and regulations of Montana. In some cases, additional fees may be required for expedited processing or other optional services. It is crucial for entrepreneurs to budget for this expense and research the specific costs associated with their Montana in order to ensure a smooth and successful incorporation process. To file the Articles of Incorporation in Montana, you must pay a filing fee. The filing fee is $35 for filing online.

FAQs

What is the process for filing Montana Articles of Incorporation?
The process for filing Montana Articles of Incorporation involves completing the Articles of Incorporation form and submitting it to the Montana Secretary of State with the applicable filing fee.
How much does it cost to file Montana Articles of Incorporation?
The filing fee for Montana Articles of Incorporation is $70.
Where do I file Montana Articles of Incorporation?
Montana Articles of Incorporation must be filed with the Montana Secretary of State.
What information do I need to provide when filing Montana Articles of Incorporation?
When filing Montana Articles of Incorporation, you must provide the name of the corporation, the address of the registered office, the name and address of the initial registered agent, the purpose of the corporation, the total number of authorized shares and the name and address of each incorporator.
Does Montana require a Registered Agent?
Yes, Montana requires that all corporations designate a Registered Agent in order to be in compliance with state laws.
What is the purpose of a Registered Agent in Montana?
The purpose of a Registered Agent in Montana is to receive service of process for the corporation.
How long does it take for Montana Articles of Incorporation to be processed?
The processing time for Montana Articles of Incorporation is typically 3-5 business days.
How do I make changes to Montana Articles of Incorporation after filing?
Changes to Montana Articles of Incorporation may be made by filing an Amendment with the Montana Secretary of State.
What is the difference between Articles of Incorporation and Bylaws?
Articles of Incorporation are the basic documents used to form a corporation, while Bylaws are internal corporate rules that govern the corporation’s operations.
Does Montana require corporations to hold annual meetings?
Yes, Montana requires that all corporations hold an annual meeting of shareholders.
What are the requirements for holding a meeting in Montana?
In order to hold a meeting in Montana, the corporation must give proper notice to shareholders, keep minutes of the meeting and provide the shareholders with copies of the minutes.
How do I obtain a Certificate of Good Standing in Montana?
You can obtain a Certificate of Good Standing in Montana by submitting a request to the Montana Secretary of State.
What is a Certificate of Good Standing in Montana?
A Certificate of Good Standing in Montana is a document issued by the Secretary of State attesting to the fact that a corporation is in good standing with the State.
How long does it take to obtain a Certificate of Good Standing in Montana?
It typically takes 1-2 business days to obtain a Certificate of Good Standing in Montana.
What is the process for dissolving a corporation in Montana?
The process for dissolving a corporation in Montana involves filing a Certificate of Dissolution with the Montana Secretary of State.
Can I file Montana Articles of Incorporation online?
Yes, you can file Montana Articles of Incorporation online.
Where can I find the forms to file Montana Articles of Incorporation?
The forms to file Montana Articles of Incorporation can be found on the Montana Secretary of State’s website.
Do I need to submit a copy of the Articles of Incorporation to the county clerk?
No, you do not need to submit a copy of the Articles of Incorporation to the county clerk in Montana.
How do I obtain a Montana Business License?
You can obtain a Montana Business License by submitting an application to the Montana Department of Labor and Industry.
What is a Montana Business License?
A Montana Business License is a permit issued by the Montana Department of Labor and Industry that allows a business to operate in the state.
What are the requirements for operating a corporation in Montana?
In order to operate a corporation in Montana, you must file Articles of Incorporation with the Montana Secretary of State, designate a Registered Agent, obtain a Montana Business License and comply with applicable state laws.
Is a Montana corporation required to have a Board of Directors?
Yes, a Montana corporation is required to have a Board of Directors.
What is a Montana Corporate Seal?
A Montana Corporate Seal is an official seal that a corporation must use to authenticate documents.
How do I obtain a Montana Corporate Seal?
You can obtain a Montana Corporate Seal by purchasing one from a business supply store or online.
Does a Montana corporation need to file an annual report?
Yes, a Montana corporation is required to file an annual report with the Montana Secretary of State.
When is the annual report due in Montana?
The annual report is due in Montana by the last day of the anniversary month of the corporation’s formation.
What are the penalties for not filing an annual report in Montana?
The penalties for not filing an annual report in Montana include a late fee and the potential for the corporation to be administratively dissolved.
Are there any tax incentives for corporations in Montana?
Yes, there are several tax incentives for corporations in Montana, such as the Corporate Franchise Tax Credit.
How do I obtain copies of corporate documents in Montana?
You can obtain copies of corporate documents in Montana by submitting a request to the Montana Secretary of State.
Does Montana require corporations to keep minutes of meetings?
Yes, Montana requires corporations to keep minutes of meetings.
What is a Montana Statement of Information?
A Montana Statement of Information is a document that must be filed with the Montana Secretary of State annually.
When is the Montana Statement of Information due?
The Montana Statement of Information is due by the last day of the anniversary month of the corporation’s formation.
How do I change the Registered Agent in Montana?
You can change the Registered Agent in Montana by filing an amended Statement of Information with the Montana Secretary of State.

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Conclusion

In conclusion, the process of filing Montana Articles of Incorporation is a crucial step for businesses looking to establish their presence in the state. This legal document serves as the foundation of the company’s structure and outlines essential information, such as the company’s name, purpose, and management team. To ensure a smooth and successful filing process, it is vital for business owners to familiarize themselves with the State of Montana’s requirements, adhere to the applicable laws and regulations, and provide accurate and complete information in the Articles of Incorporation.

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