How to Amend Articles of Incorporation in Montana (2025)


Steve Bennett
Steve Bennett
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Amend Montana Articles of Incorporation

Amending the Articles of Incorporation in Montana is required if you make any changes to your formed corporation. An amendment is a process through which you report the structural or any change in your corporation to the Montana Secretary of State. To do so, you are required to follow a few simple steps. You need to get the amendment form, enter the details of the changes, and submit it to the appropriate address along with the amendment fee.

In this article, we have shared the process in detail. You will learn how to amend Montana Articles of Incorporation in easy steps. It will be helpful for you if you read the article till the end. 

What is the Montana Articles of Incorporation?

The Montana Articles of Incorporation is a legal document that you need to file with the Secretary of State while registering your corporation in Montana. It is similar to the Articles of Organization you file while creating an LLC in Montana. If you already own a corporation in Montana, you must know what the Articles of Incorporation is. However, those who are not aware of this document can get all the required details from this page. The Articles of Incorporation is a set of papers that have all the information regarding your corporation and are filed with the Secretary of State. You must pay the filing fees to register your Articles of Incorporation.

This document has information related to your corporation. Details like the name of the corp, principal address, Montana Registered Agent details, corporation structure, directors, shareholders, and signature of the incorporators should be mentioned in the document. An online or offline form mentioning these details should be filed with the SOS at the time of forming your corporation. You must pay the filing fee to the state online or by check. 

Like forming an LLC, for the corporation, it takes some time to form your business in Montana after filing the documents. You can expedite the filing process by paying additional money over the filing fees. 

It is good to make changes in your Articles of Incorporation. When you change anything, specifcally the name, it brings good and bad effects to the company. Make sure the name change does not affect your revenue or status adversely.

LLCBuddy Editorial Team

How to Amend the Montana Articles of Incorporation

There are three main steps to file your amendment to the Montana Articles of Incorporation. Before you proceed with the steps of filing the form, you must know what changes you can make in your corporation and what changes you cannot. Let’s start with the first step and some related information, 

Step 1: Determine What Changes You Need in Montana Corporation

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Updating your Articles of Incorporation periodically can be beneficial by making necessary changes. However, frequent alterations in structure or name may not be advisable. The first step involves determining which changes are needed and assessing their potential impact. Modifying aspects of your existing business can affect your revenue or client relationships, so it’s crucial to carefully consider whether the changes are truly necessary and what consequences they may bring.

An up-to-date Articles of Incorporation reflects the current status of a corporation in Montana. The key elements of your updated Articles of Incorporation may include the advantages of being a Registered Agent, the company’s contact information, and the process for receiving legal notices, among other details.

Step 2: Review the Changes You Made in the Articles of Incorporation

The subsequent step involves reviewing the changes. The Montana Secretary of State may request additional supporting documents based on the modifications made to your corporation. After finalizing the changes, you can proceed to draft the Montana corporate amendment. Consult with the SOS to determine if any other documents need to be submitted. For instance, if you are changing the business name, you might be required to submit a name change/reservation form along with the Montana Corporate Amendment form.

What Can Be Changed in Articles of Incorporation

It is not easy to change things in your business. Besides, there are some restrictions in changing things in your corporation in Montana. There are things you can change, but there are things that you cannot change. I have mentioned a few points in this article that you can change above, such as the name, statement of purpose, and the number of shares issued. Now, there are things that you cannot change in the Articles of Incorporation. 

What Can not Be Changed in Montana Corporate Amendment?

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If you started a corporation in Montana, you must initially have appointed a Registered Agent. You cannot change the initial registered agent in the Articles of Incorporation Corporate Amendment. You can change it using other methods and forms available in the Montana SOS. 

Another point is the initial mailing address of your corporation cannot be changed in the Montana Corporate Amendment. In this case, you can change it through other methods requiring different forms. 

The third point is the initial directors who formed the corporation in Montana. The details of the initial directors cannot be changed in the Montana Corporate Amendment. There is no other way to change the directors’ details.

Step 3: File the Montana Corporate Amendment

Finally, file the Montana Corporate Amendment with the Secretary of State by the methods (online or offline) available. You must go through the filing process mentioned on the SOS official website before you start the filing process. You must pay the state fees for filing the Montana Corporate Amendment. 

If you are in Montana and have formed an LLC, you must file the Articles of Amendment in Montana with the SOS if you make any changes to the limited liability company.

Why Amend Articles of Incorporation in Montana?

There can be several reasons why you make changes to your corporation. A business runs based on diverse components. From economic conditions to internal structures (shareholders and directors), the corporation can change many times in its life based on external or internal reasons.

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Change of Montana Corporation Name: The name of the corporation does not often change because it is the primary identity of any business. Sometimes, a spelling or the entire name requires to be changed for many reasons. In that case, the corporation has to file the amendment with the SOS mentioning the old and new names. They have to submit the business name change form with the amendment form. 

Change of Statement of Purpose: This is a document where you explain the purpose of your corporation. The purpose says that you are involved in legal and lawful activities through your business. If you are having a nonprofit, you must have a community purpose. If you change that purpose, you must file the amendment. If you change the nature of the business or the purpose of the corporation overall, then you must file an amendment.

Change in Numbers of Stocks and Shares: Finally, if you change the number of shares or stock issues in your company, then you must amend it. It can be reduced or increased if you decide to remove or add a shareholder/partner to the corporation. In that case, it must be amended with the SOS.

Penalties for Not Filing the Amendment in Montana

Now, one question arises when we talk about filing the amendment what happens if you don’t amend the Montana Articles of Incorporation? The answer is simple. You might have to pay heavy penalties if you do not file it. Besides, you may lose existing clients as they may not be interested in continuing to work with your company. 

They might cancel the existing contract; you might lose the bank loan or advance opportunities, or you may lose the business bank accounts for not complying with the amendment filing requirements. Hence, it is highly recommended to amend the Montana Articles of Incorporation. 

FAQs

How do I amend my Montana Articles of Incorporation?
To amend your Montana Articles of Incorporation, you must file Articles of Amendment with the Montana Secretary of State.
What information is required in the Articles of Amendment in Montana?
In Montana, the Articles of Amendment must include the name of the corporation, the amendment being made, and the effective date of the amendment.
Can I file an amendment to change the name of my Montana corporation?
Yes, you can file an amendment to change the name of your Montana corporation by submitting Articles of Amendment with the new desired name.
How much does it cost to file Articles of Amendment in Montana?
The filing fee for Articles of Amendment in Montana is $20.
How long does it take to process an amendment to Montana Articles of Incorporation?
In Montana, it typically takes 5-10 business days to process an amendment to Articles of Incorporation.
Can I change the purpose of my corporation through an amendment in Montana?
Yes, you can change the purpose of your corporation through an amendment to your Articles of Incorporation in Montana.
Do I need to obtain shareholder approval to amend Articles of Incorporation in Montana?
In Montana, if the corporation has shareholders, approval from the shareholders may be required to amend the Articles of Incorporation.
Can I amend the registered agent information in Montana through the Articles of Amendment?
Yes, you can update the registered agent information in Montana by amending the Articles of Incorporation.
How do I correct a mistake in my Montana Articles of Incorporation?
To correct a mistake in your Montana Articles of Incorporation, you can file Articles of Correction with the Montana Secretary of State.
How can I dissolve my corporation in Montana?
To dissolve a corporation in Montana, you must file Articles of Dissolution with the Secretary of State.
Can I reinstate a dissolved corporation in Montana?
Yes, you can reinstate a dissolved corporation in Montana by filing an Application for Reinstatement with the Secretary of State.
What is the deadline for filing an annual report in Montana?
The deadline for filing an annual report in Montana is April 15th each year.
Is there a late fee for filing an annual report in Montana?
Yes, there is a late fee for filing an annual report in Montana, which is $15.
Can I file my annual report online in Montana?
Yes, you can file your annual report online through the Montana Secretary of State website.
Can I change the number of directors in my corporation through an amendment in Montana?
Yes, you can change the number of directors in your corporation through an amendment to your Articles of Incorporation in Montana.
Can I change the duration of my corporation through an amendment in Montana?
Yes, you can change the duration of your corporation through an amendment to your Articles of Incorporation in Montana.
Can I add or remove a provision from my Articles of Incorporation in Montana?
Yes, you can add or remove a provision from your Articles of Incorporation through an amendment in Montana.
Can I change the fiscal year end of my corporation through an amendment in Montana?
Yes, you can change the fiscal year end of your corporation through an amendment to your Articles of Incorporation in Montana.
Can I change the principal office address of my corporation through an amendment in Montana?
Yes, you can change the principal office address of your corporation through an amendment to your Articles of Incorporation in Montana.
Can I change the mailing address of my corporation through an amendment in Montana?
Yes, you can change the mailing address of your corporation through an amendment to your Articles of Incorporation in Montana.
Can I change the incorporator information in my Articles of Amendment in Montana?
Yes, you can update the incorporator information in Montana by amending the Articles of Incorporation.
Can I change the initial registered agent and office address in my Articles of Amendment in Montana?
Yes, you can update the initial registered agent and office address in Montana by amending the Articles of Incorporation.
Can I change the names and addresses of the directors in my corporation through an amendment in Montana?
Yes, you can change the names and addresses of the directors in your corporation through an amendment to your Articles of Incorporation in Montana.
Can I change the indemnification provision for directors and officers through an amendment in Montana?
Yes, you can change the indemnification provision for directors and officers through an amendment to your Articles of Incorporation in Montana.
Can I change the voting rights of shareholders through an amendment in Montana?
Yes, you can change the voting rights of shareholders through an amendment to your Articles of Incorporation in Montana.
Can I change the bylaws of my corporation through an amendment in Montana?
No, changes to the bylaws of a corporation are not filed with the state and should be made internally by following the procedures outlined in the bylaws.
Can I change the stock structure of my corporation through an amendment in Montana?
Yes, you can change the stock structure of your corporation through an amendment to your Articles of Incorporation in Montana.
Can I amend my Articles of Incorporation to convert my corporation to a different entity type in Montana?
Yes, you can convert your corporation to a different entity type by amending your Articles of Incorporation in Montana.
Can I file an amendment to add or remove a corporation’s fiscal year in Montana?
Yes, you can add or remove a corporation’s fiscal year through amendment to the Articles of Incorporation in Montana.
What are Montana Articles of Incorporation?
Montana Articles of Incorporation are legal documents that must be filed with the Montana Secretary of State to form a corporation.

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In Conclusion

Amending the Montana Articles of Incorporation may not involve numerous steps, but the process can be more complex than it appears. It’s crucial to carefully consider any changes to ensure they do not negatively impact your business or client relationships. Before proceeding with modifications and amendments, it is advisable to consult with an attorney or legal professional for guidance.

Due to the complicated structure, forming a corporation in Montana might be difficult. However, after forming the corporation, managing it seems to be more difficult for many people. A frequent change may or may not occur. But, every time you make a change, you must file the amendment with Montana SOS. It is also suggested that you do not make changes frequently as it may affect your brand in a reverse way.

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