What is a Foreign LLC in Montana – Definition and Filing


Steve Bennett
Steve Bennett
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If you have an LLC in Montana and want to expand your business beyond Montana, you must form a foreign LLC. Any business, especially a limited liability company, located in other states, starts its operation in Montana, must file a foreign LLC in Montana. To do so, every LLC needs to file additional filing documents, along with tax and relevant documents with the Montana government.

In this article, you’ll be reading about how to start a foreign LLC in Montana. Along with that, the page guides you through the steps involved in managing and maintaining a foreign LLC in Montana after you form it.

Forming a Foreign LLC in Montana

A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. If you register your LLC in one state and operate your business in Montana, you probably need to register your LLC as a foreign entity here. Imagine, if your family owns a sushi restaurant in Alabama and you want to expand the chain somewhere in Texas, you must establish your restaurant in Texas as a foreign entity.

Anyone who has an active and in good standing LLC anywhere (except for Montana) and wants to expand their operations in Montana can file their LLC as a foreign entity. To start a foreign LLC in Montana, you need to register it with the Montana Secretary of State. Every state has a different rule for establishing a foreign LLC. Here are the steps to follow in Montana for registering a foreign LLC.

Note: These are generic steps to file a foreign LLC in Montana. Make sure to check with the State Secretary of State, before you start filing your business. – LLCBuddy Team

Step 1: Get the Certificate of Good Standing From Home State

llc formation document

Before you proceed to register your LLC in Montana as a foreign entity, you must get the Certificate of Good Standing issued from your home state SOS. This is an important document to register an LLC in a foreign state.

If your LLC is originally registered in Montana, then you must obtain the Certificate of Good Standing from Montana Secretary of State. If your LLC is in other states, the name of the same document might be different. Every LLC, registered in any state other than Montana must get this document to register a foreign LLC in Montana.

Filing Certificate of Good Standing: In Montana, the Certificate of Good Standing can be obtained online. You can visit Montana Secretary of State, log in to the business portal, and request for the Certificate of Good Standing. You may have to pay the state fee for the same.

Step 2: Choose Montana Foreign LLC Name

Obtain a name reservation certificate and submit it with your foreign qualification requirements to the Montana Secretary of State. Your LLC’s legal name outside of Montana will be listed on the application, along with the name it will use in Montana. Take note of the requirements for naming your LLC.

You can use the same name as your domestic LLC name, however, that name should be available in Montana to use. Check name availability at Montana’s business entity names and reserve your LLC name. There are a bunch of LLC naming guidelines in Montana when it comes to forming a foreign LLC. Check the guidelines before you name your business.

Step 3: Select Montana Foreign LLC Registered Agent

A registered agent is a person responsible for receiving all official and legal documents on behalf of your company, whether it is located domestically or in a foreign state. For a foreign LLC in Montana, you must have a registered agent from Montana only. No matter where your domestic LLC is located, you must hire a registered agent from Montana for your foreign LLC.

You’ll need a registered agent to form a foreign LLC in Montana and take note that the Montana Registered Agent must have a local address. Here are the best LLC services on our list that will provide you with registered agents to ease your worries:

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Step 4: File Application for Registration for Montana Foreign LLC

The most important step is to send the application for registration with Montana SOS. Download the PDF form from the Montana Secretary of State website or file it online (whichever method is available). The form must be filled out with the following details:

filing foreign llc
  • LLC’s full legal name.
  • A fictitious name or a DBA (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.
    • DBA filing method in Montana: one method, online
    • Online: For online filing, check the Montana ePass website. There, look for the “Assumed Names” section. You will get the registration form.
    • Offline: There’s no offline form submission in the state
    • DBA filing fee in Montana: $20
  • LLC’s principal office and mailing addresses
  • LLC formation state and date.
  • Registered agent’s name and address in Montana.
  • Date when your LLC will start operations in Montana.
  • Credit card information is on the last page of the form for the application fee.

Online Filing

For online filing, you need to get the Online Registration Form for a foreign LLC in Montana. To fill up the online form, you must sign in or register with the portal. Once, you are on your dashboard, find the online foreign LLC form, fill it up with relevant information, and submit it online. Make the payment online at the time of submitting the form.

Offline Filling

Not Applicable

Foreign LLC Registration Fee in Montana: The cost of registering a foreign LLC in Montana is $70. The filing fee must be paid online as there is no offline filing method is available.

The LLC cost in Montana, even for foreign LLCs will differ between online filing and by mail. Also, read about what’s the major difference between Montana’s domestic and foreign LLCs.

Step 5: Determine How Your Montana Foreign LLC is taxed

llc tax

Foreign LLCs are also subjected to the Montana Business Privilege Tax and must file LLC annual reports each year. If you have a single-member foreign LLC then it will be considered as a ‘disregarded LLC’ by IRS. That means the LLC will not be regarded as a company but it will be taxed as an individual (the owner). If you already have an LLC in the home state, you must have obtained the EIN as well. You don’t need to obtain the EIN in Montana for a foreign LLC separately as it is issued from the IRS.

For other types of LLCs (member-managed or manager-managed LLCs), it will be a ‘pass-through taxation‘ where the LLCs don’t get taxed separately, instead, the members and managers are taxed based on their personal income. So, foreign LLCs are taxed as same as domestic LLCs in Montana. However, it is recommended to check with the Montana Secretary of State for state-wise taxes.

Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.

Filing Montana Foreign LLC Online – Quick Recap

  1. Get the Certificate of Good Standing from your home state where your LLC is originally registered
  2. Check if the name of your LLC is available in Montana to use for your foreign LLC. If not, file DBA name with Montana SOS.
  3. Get a registered agent in Montana to represent your foreign LLC in Montana. Recommended, professional help instead of being your own registered agent.
  4. File the Application of Foreign LLC with the Montana Secretary of State following the mentioned method(s) above.
  5. Make the processing fee.

BOI Reporting

According to the Corporate Transparency Act, every LLC (or business) has to send a BOI reporting to the Financial Crimes Enforcement Network (FinCEN). Once you establish an LLC and if it is enlisted under the list of reporting companies, you must file your BOI report in Montana with the FinCEN.

After Forming Montana Foreign LLC

Here are added things you need to accomplish after forming your Montana Foreign LLC

  1. Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search. You can contact the license office at Montana Secretary of State.
  2. File LLC annual reports and Business Privilege Tax. You must file an Annual Report before the stipulated time frame after forming your LLC in Montana. Here’s everything about Montana LLC Annual Reports.
  3. Pay State Taxes like sales tax; you’ll need an EIN for your LLC.

FAQs

What is the process for forming a foreign LLC in Montana?
The process involves submitting a Certificate of Authority to the Montana Secretary of State.
Do I need a registered agent in Montana for my foreign LLC?
Yes, every foreign LLC in Montana must have a registered agent with a physical address in the state.
What are the annual requirements for a foreign LLC in Montana?
Foreign LLCs in Montana must file an annual report and pay a filing fee to maintain compliance.
Is there a deadline for filing the annual report for a foreign LLC in Montana?
Annual reports for foreign LLCs in Montana are due by April 15th each year.
What are the filing fees for a foreign LLC in Montana?
The filing fee for a foreign LLC in Montana is $20.
Can I file the Certificate of Authority for my foreign LLC online in Montana?
Yes, you can file the Certificate of Authority online through the Montana Secretary of State website.
What information will I need to provide when filing the Certificate of Authority for a foreign LLC in Montana?
You will need to provide the name of your LLC, the state where it was formed, the principal office address, and the registered agent information.
How long does it take to process the Certificate of Authority for a foreign LLC in Montana?
It typically takes 5-7 business days for the Montana Secretary of State to process the filing.
Can I operate my foreign LLC in Montana while waiting for the Certificate of Authority to be approved?
No, you must wait until the Certificate of Authority is approved before conducting business in Montana.
What are the penalties for operating a foreign LLC in Montana without a Certificate of Authority?
Operating without a Certificate of Authority in Montana can result in fines and legal consequences.
Can I expand the activities of my foreign LLC in Montana after obtaining the Certificate of Authority?
Yes, once you have the Certificate of Authority, you can expand the activities of your foreign LLC in Montana.
Do foreign LLCs in Montana need to have a business license?
It depends on the type of business activity, so it’s best to check with local authorities for specific requirements.
What taxes does a foreign LLC in Montana need to pay?
Foreign LLCs in Montana must pay state taxes and may also be subject to federal taxes.
Are there any ongoing reporting requirements for foreign LLCs in Montana?
Foreign LLCs in Montana must file an annual report and any necessary changes to their registered agent or address.
Can I convert my foreign LLC into a domestic LLC in Montana?
Yes, you can convert your foreign LLC into a domestic LLC in Montana by following the necessary steps and filing the appropriate forms.
Can I operate multiple businesses under one foreign LLC in Montana?
Yes, you can operate multiple businesses under one foreign LLC in Montana as long as they are related and comply with the law.
Can I dissolve my foreign LLC in Montana if I no longer wish to do business there?
Yes, you can dissolve your foreign LLC in Montana by filing the necessary paperwork with the Secretary of State.
What steps do I need to take if I want to change the name of my foreign LLC in Montana?
You will need to file an amendment to the Certificate of Authority with the Montana Secretary of State to change the name of your foreign LLC.
Does a foreign LLC in Montana need to have a physical office in the state?
No, a foreign LLC in Montana does not need to have a physical office, but it must have a registered agent with an address in the state.
Can I change the registered agent for my foreign LLC in Montana?
Yes, you can change the registered agent for your foreign LLC by filing a statement of change with the Montana Secretary of State.
Are there any restrictions on the type of business activities a foreign LLC in Montana can engage in?
Foreign LLCs in Montana must comply with state laws and regulations regarding business activities.
Can I amend the operating agreement for my foreign LLC in Montana?
Yes, you can amend the operating agreement for your foreign LLC by following the procedures outlined in the agreement and state law.
Are foreign LLCs in Montana required to obtain any specific licenses or permits?
Foreign LLCs in Montana may need to obtain licenses or permits depending on the type of business they conduct, so it’s important to research local requirements.
Can I use a PO Box as the address for my foreign LLC in Montana?
No, a PO Box cannot be used as the principal office address for a foreign LLC in Montana; it must be a physical address.
Does a foreign LLC in Montana need to have a bank account in the state?
Foreign LLCs in Montana are not required to have a bank account in the state, but it may be beneficial for tax and operational purposes.
Can a foreign LLC in Montana be a member of another LLC?
Yes, a foreign LLC in Montana can be a member of another LLC as long as it follows the operating agreements of both entities.
How can I maintain compliance with state laws for my foreign LLC in Montana?
To maintain compliance, foreign LLCs in Montana must file annual reports, pay necessary fees, and keep accurate records of business activities.
Can I file the annual report for my foreign LLC in Montana online?
Yes, you can file the annual report for your foreign LLC in Montana online through the Secretary of State’s website.
What are the benefits of forming a foreign LLC in Montana?
Forming a foreign LLC in Montana allows a business to expand its operations into the state while protecting its personal assets.
Is it required for my LLC to have a registered agent in Montana?
Yes, all foreign LLCs operating in Montana are required to have a registered agent located in the state.

Also Read

In Conclusion

Having a foreign LLC in Montana is nothing but expanding your business legally beyond the boundary of your domestic or home state. Starting a foreign LLC in Montana does not require a lot of documentation or tasks. However, it is always good to seek help from a professional when it comes to running your business. From getting the Certificate of Good Standing to hiring a registered agent in Montana, a professional or attorney can always be a perfect help. ZenBusiness is one of the most accurate and user-friendly services that offer a bunch of LLC formation services. They offer LLC formation for $0 (excluding the state formation fee).

The cost of registering a foreign LLC in Montana can vary depending on a range of factors. While the initial registration fees and ongoing expenses can be a significant investment, many companies find that the benefits of establishing a presence in the state outweigh the costs. By carefully considering the expenses involved and budgeting accordingly, companies can ensure that their foreign LLC in Montana is a success.

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