Montana Registered Agent: If you wish to start a Montana LLC, you have to appoint a registered agent. According to Montana State Law, it is mandatory to have a Montana Registered Agent if you are conducting business in the state. A registered agent receives all the official and legal documents from the State. They also receive the service of process if there’s any lawsuit in concern.
In the following guide, we have shared all the required information regarding hiring a registered agent, why you need a registered agent in Montana, and who can be a registered agent for your LLC. Read this guide carefully before you hire a Montana Registered Agent.
On this page, you’ll learn about the following:
What is a Montana Registered Agent
A registered agent (or a statutory agent or a resident agent) in Montana is an individual or a business that represents your business in receiving official documents. These official papers include formation documents, business renewal documents, tax filing, and any legal document if the LLC gets sued by other companies. All these documents go straight to the registered agent’s official address in the state. While forming an LLC, it is mandatory to appoint a registered agent.
When you file the Montana LLC formation papers with the Secretary of State, LLCs have to mention their registered agent’s name and address. When you choose a registered agent in Montana, you can go for two options, hiring an in-house registered agent or outsourcing the service.
Hiring a Registered Agent in Montana
You may have several options for hiring a registered agent in Montana. To become a registered agent, one has to meet the basic eligibility criteria. If the minimum requirements are fulfilled, anyone residing in Montana can represent your LLC as your registered agent.
Who Can Be a Registered Agent
- The person must be above 18 years old.
- The person must have a legal and physical address in the state where the LLC will operate.
- The person must be physically present during normal working hours.
- Anyone who fulfills the above requirements can act as a registered agent.
- Recommended – You should use a professional registered agent in Montana always.
Can I Be My Own Registered Agent
Yes, you can be your own registered agent. In fact, any member of the LLC, managers, and the owner can be a registered agent. Besides, someone from the owners’ family, such as a spouse, relatives, or other family members, can also act as a registered agent. As mentioned above, anyone who is representing the business as an agent should fulfill the basic criteria.
Why You Shouldn’t Be Your Own Registered Agent
Many small businesses do not hire a registered agent to save a chunk of money. However, it is not recommended to be your own registered agent. There are a bunch of problems one has to face while being a registered agent of his own LLC. Following are some of the issues you face,
- If you are operating your business from home or you are into web business, then your home address will be shared on the public portal. This address will be used for mailing and other official purposes. This will hamper your privacy.
- A registered agent has to be physically available at the official address during working hours on working days for 52 weeks. Being your own registered agent might restrict your other work due to this.
- The registered agent’s address must be up to date in the Secretary of State portal.
It is recommended to outsource the registered agent service to ease your work as it protects your privacy, especially if you conduct your business from home. It is always wise to outsource the RA service than be your own registered agent.
Recommended: You can get the best registered agent service at a reasonable price with online LLC service providers. We recommend using –
LegalZoom – $299 Per Year
How to Choose a Registered Agent in Montana
You can choose a Montana Registered Agent in two ways, either you can employ an in-house RA or outsource the service. Another option is to be your own registered agent. However, it is recommended to outsource the service as it is less worrisome and hassle-free.
In-house Registered Agent
As far as the in-house registered agent is concerned, it can be anyone from the LLC, including you, or you can employ an individual for this position. In that case, your office or home address will be the Registered Agent’s office address. Every LLC has to share its principal office address, mailing address, and registered agent’s office address to the state public portal. Hiring a registered agent service will make it easier as you can use the RA’s address as a mailing address.
Outsourcing Registered Agent Service
You may also avail yourself of professional registered agent services. Doing so ensures that you will have the best service provider to represent your business. Following are the best Registered Agent services on our list that will provide you with registered agents to ease your worries.
Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. If you are forming your LLC from scratch, then with LegalZoom Registered Agent, you will get the full formation package.
What to Consider While Choosing a Montana Registered Agent
Here are some factors to consider when choosing a registered agent.
- Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent typically costs between $99 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
- Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents. We recommend Registered Agent Services that have been in business for a long time. They are experienced and well capable of handling all your documentation.
- State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers. Check out the best Registered Agent Services to consider for this job.
- Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company. Some of the service providers offer this service. Make sure to choose an RA service that includes this service.
How to Appoint a Registered Agent in Montana
At the time of submitting the Montana Articles of Organization, the registered agent can be appointed by the LLC. It can be done online or by mail. No additional fee is charged for appointing a Registered Agent. Only the state filing fee should be paid.
Appoint Registered Agent Online
To appoint a registered agent online, you have to go to the Montana LLC Online Filing page and provide the information of your Registered Agent accordingly. For more information, read on Montana Articles of Organization.
Cost of a Montana Registered Agent
The cost of having a registered agent can be variable. It depends on whether you are employing an in-house registered agent, being your own agent, or outsourcing the service. The cost of having a registered agent can start from $99 and go up to $300 per year. It will be cost-effective if you outsource the registered agent service in Montana.
Registered Agent services that also provide LLC formation packages can provide the same service at a lower price. For example, LegalZoom Registered Agent offers standalone registered agent service at $299 per year, but if you buy their LLC formation package at $0 + state fees, you might get a registered agent at a low cost.
How to Change a Registered Agent in Montana
To change the Montana registered agent, you must file a Change of registered agent or office by entity form. This form can be submitted to the Montana Secretary of State via online filing.
For online filing, you need to get the online form, which is available on the Montana Secretary of State portal. Fill in all the necessary information of LLC as well as current and old registered agents. This form must be completed and signed by the newly appointed registered agent and any authorized member of the LLC. The signature of the new registered agent acts like the consent to be appointed as one. Submit it online.
Fee: There is no filing fee.
Why Do LLCs in Montana Need a Registered Agent Service
There are several reasons why a business should appoint a registered agent in Montana. Some of the most important reasons are listed below,
- Confidentiality: Having a registered agent service in Montana ensures the complete privacy of your business and related documentation. Appointing a registered agent company instead of an individual gets you privacy and confidentiality contracts beforehand.
- Up-to-date Compliance: LLCs and corporates have plenty of paperwork and compliances that are to be updated on time. With a registered agent service, you don’t have to worry about those compliances as your registered agent will maintain a compliance calendar.
- Privacy: It is mandatory for businesses in Montana to publicly upload their address to the Montana Secretary of State. If you are using the home address for your business, then it would not be safe to make your private address public. On the other side, appointing a registered agent service will cover you up here as they have to provide their address to the Montana SOS and not yours.
- Availability: Every registered agent has to be available during office hours of work on business days. If you hire a registered agent service, then they can be available at the required time without harming other tasks at the company.
- Online Safe Backup: Every registered agent in Montana or any other state usually takes an online backup of all the documents and paperwork. This ensures the LLC papers are securely saved in a central system.
- Lawsuits or Summons: Getting summoned or involved in a lawsuit does not leave a good impression on the employees. With a registered agent, all the related papers will be delivered to the Registered Agent’s official address. Hence, owners do not have to receive any such papers in their office in front of their employees.
Montana Registered Agent and Business Laws
Registered agents in Montana are responsible for all legal aspects and LLC business law. Each state has its own set of business laws. Montana is no different. Each state has its own set of business laws. These are the most important business laws every business must adhere to.
Every state has a business interest law. The guidelines for interest rates are generally lower than what is required by law. Most businesses will agree to higher rates of interest. Montana charges a 15% annual rate if written and 10% on judgment. The state has a 6% interest rate above the prime rate if not written. Montana has Usury Law. Penalty for the Usury Law can lead to forfeiture of double the interest rates received. Montana’s interest rate is 15%. Transactions between the national banks and merchants are exempted from this law.
Antitrust law can be used to detect cartels being formed on any market. If competitors join together and exert an illegal influence over the supply or price of the market, it is called a cartel. Cartels are illegal in all markets. Montana has an Antitrust Law like other states.
Montana’s statute allows you to file a claim under this law, though no time limit has been set. The law also permits a plaintiff to recover attorney fees and damages.
Trade Practice Law: Deceptive Trade Practices
Montana has a Deceptive Trade Practice Law. There are penalties for trade theft and other deceptive acts. Any attorney general may bring this case. The maximum penalty for this offense is $5,000 and imprisonment of up to 10 years. The plaintiff can recover the actual damage or $500 or out-of-pocket damage, whatever is more. Also, can recover the attorney fees.
Civil Statute of Limitation Laws
Montana has the same Civil Statute of Limitations Laws as other states. This law allows up to 10 years in prison. A time limit is set for when you can file a suit. Failure to file a suit within the prescribed time can lead to penalties and fines. A minimum of 2 years will be given to bring the case.
Hours and Wage Laws
Montana’s minimum wage for employees over 18 years is $4.00/hour to $8.30/hour. Anyone working above 40 hours a week should be paid for overtime. An employee can bring a case against an employer for violating the law.
Pyramid and Ponzi Schemes Laws
Montana has a maximum of five years in prison for investment fraud. A $5,000 fine can be added. Anyone who attempts to invest in fraud by paying existing investors or taking money from new investors could be sent to prison. A minimum of one-year imprisonment and a $1000 fine might be paid under this law.
Registered agents handle these legal cases. Montana’s registered agent can help you to manage and comply with all business laws.
How to Remove a Registered Agent for LLC in Montana
A registered agent for LLC in Montana can be removed by filing a Change Form with the Montana Secretary of State without any filing amount.
As a business owner operating a Limited Liability Company (LLC) in Montana, you may find yourself in a situation where you need to remove your registered agent for the company. Regardless of the reasons why you may need to do this, one thing remains clear: it is not a decision to be taken lightly. The process of removing a registered agent varies from state to state, and Montana is no exception. Thankfully, there are several steps you can take to ensure the process is as smooth and hassle-free as possible.
The first step in removing a registered agent for an LLC in Montana is to review the company’s articles of organization. These documents typically outline the procedures for removing a registered agent and also identify specific grounds for removal, if such provisions exist. If your articles of organization do not include this information, you will need to consult Montana’s State statue MCA 35-2-717 for guidance on the processes and allowable reasons for removing the agent.
It is worth noting that your registered agent can be removed with or without cause, depending on your articles of organization and the State Statute. If you are within the stated grounds for removal within the Articles of Organization or the State statute, you may still remove a registered agent without notice or any other formal action required. However, where there are no clear provisions regarding removing a registered agent, or where there is no cause for removal, action must proceed according to requisite statutory processes.
The next step following an internal review should be to inform the current registered agent that the LLC plans to remove them from that position. This is commonly done either in a letter sent to the registered agent, explicitly detailing that their services are no longer needed, or through a consent document where both parties acknowledge the notice mutually. There is no specific way for this, but it is important to document communication for documentation purposes. Ensure that you take reasonable steps to involve the registered agent in the process for reasons of due diligence in case of future legal disputes regarding the same.
Once you have confirmed your reasons for removal and provided notice of your intent, the next step is to select a new registered agent to replace the current one. Care should be taken to evaluate your candidate’s credentials, skills, experience, and reliability. This step is crucial to avoid entirely repeating the circle on administrative mishaps experienced with the withdrawn agent. There are various options for selecting a registered agent in Montana, ranging from having a non-US citizen do paperwork to hiring a registered agency service. Consider their availability, fee schedules, processes of service of a new agent, and their similar policy appearance before settling for one specific option.
After signing a registered agent’s services, confirm all details with them and set out their exact duties, including their necessary timelines to guarantee satisfactory performance for communication regarding all processes that revolve around service of process. Finally, confirm that an updated records filing should be done with the Montana Secretary of State office with a deposition declaration regarding an LN-2 document declaration of the change of agent administration.
In conclusion, removing a registered agent in Montana might seem like a complex and strenuous process, but follows the mentioned steps as outlines to achieve a working, legal switch for the LLC’s service of process needs. In light of this article’s width of coverage among types of businesses, due legal representation prior to taking drastic action to safeguard you from liabilities and legal penalties.Disclaimer: the above piece does not constitute legal advice and is simple opinionducation.
The registered agent may be changed in Montana. You must download, complete, and submit the online RA change application form to the Secretary of State with all necessary information. In Montana, there is no fee associated with replacing the registered agent.
You must fulfill certain conditions in order to register as an agent in Montana. The need to be a legal adult(18+) is among the most crucial requirements. You must also live in Montana. You may apply to be a registered agent if you match the requirements.
A registered agent in Montana might be your spouse, any other LLC members, close family or friends, or even you. Being a legal adult (18+) and a resident of the state are the two primary requirements. You may become a registered agent with ease if you are able to meet the prerequisites.
In Montana, you must submit the RA Change Form with the new address listed in order to change a registered agent’s address. By entering all the necessary information, the form may be submitted online. The Montana SOS should get this form.
On the website of the Montana SOS, you may locate a company’s registered agent. If you know the firm name, use that to do a search. If you find the firm you’re searching for, use that information to find the registered agent.
It is required by law in Montana for your business to have a registered agent. Any papers, licenses, and notifications will be sent by your registered agent, who will also be in charge of receiving any legal actions brought against the business at his registered address. During business hours, he or she must be accessible at their office.
Companies must provide their name, address, and contact information at the time of company registration in order to formally designate a registered agent in Montana. The registered agent is included in a distinct part of the articles of incorporation. This is how one names a registered agent in Montana.
You must go to the official website of the Montana Secretary of State to look for a registered agent’s address there. Seek for the following procedures to look for the registered agent’s address:
1. Visit Montana SOS’s website.
2. Use the business name to search for information about the firm
3. Look for the registered agent address list.
This makes it simpler to locate the registered agent’s address.
You may do a company search in Montana using the name of the registered agent. Visit the official website for the Montana Secretary of State. Find the “Business Search” option. You may “Search by the registered agent” in the search area. Choose the option and type the registered agent’s name. You will get the company name.
The major prerequisites in Montana for a registered agent are that they are at least 18 years old and have a physical residence there. It is possible for someone or anything to serve as the registered agent if they are a state resident and are at least 18 years old.
If you want to seek a registered agent for a company in Montana, you must go to the Montana SOS. You must choose Business Search from the homepage. Enter the name of the corporation if you know it to search for the company. To get information, choose the registered agent option.
The business that the registered agent was representing requires a written resignation letter. An official resignation letter must be sent to the Montana Secretary of State through the mail, fax, or online once the firm accepts it. The notification must be sent within the allotted period.
By entering the website of the Montana Secretary of State, you may edit a registered agent in that state online. Make sure the online method is accessible for you, however, before you continue with it. If not, submit the RA Change Form.
A free registered agent is available in Montana. You won’t need to physically pay anything to yourself if you act as your own registered agent. You could save money if your partner or a close acquaintance joins an agency. Finally, you may use a free registered agent service in Montana.
You must go to the Montana Secretary of State to learn more about the registered agent there. The “Search Business” option will be shown to you. You may search for your company using its name. You may receive the registered agent’s information from the list while you wait for the results.
There is no distinct form for the registered agent in Montana. When establishing their firm, companies must choose a registered agent and send their information via the formation paperwork. The formation papers must be sent Online.
You must notify the Montana SOS if your firm does not have a registered agent in Montana. Since every firm in Montana has to have a registered agent, there can be a legal problems. You may need to act as the registered agent in Montana if there isn’t one.
If a registered agent passes away in Montana, all of their authority is terminated. In Montana, it is necessary to have a registered agent. Therefore, the business has to choose or replace a new registered agent. A manager, an official of the business, or even the owner, might act as the registered agent in the interim.
There are several requirements in Montana to register your company. You might find out whether you can prevent the name of your registered agent from appearing on the public platform by visiting the Montana Secretary of State. You may keep a member’s name hidden if you have an Anonymous LLC.
Call the Secretary of State’s office in Montana to get the registered agent information. The official hours are 8 am to 5 pm. To reach the executive, dial 406-444-2034. To receive the information, adhere to the caller’s instructions.
A registered agent’s permission is a declaration in writing that the agent is prepared to represent the business. If you replace or appoint a new registered agent in Montana, the new agent must get the SOS’s approval beforehand.
In Montana, a resident agent and a registered agent are the same titles. While a registered agent is utilized in the majority of states, the resident agent is used in other states. Every state has the same designation, appointment process, and registration procedure.
In Montana, if the registered agent refuses, the business risks facing legal repercussions for making a false declaration. The registered agent, on the other hand, has the right to refuse any obligation imposed on them as such.
The firm may still be sued even though it has no registered agent in Montana. Simply put, the lack of an agent preventing the corporation from receiving legal notices is the issue. However, the lawsuit will proceed, and an alternative method of sending the notice will be used.
In order to reject the designation, a registered agent in Montana must file an application for rejection. They just need to sign the rejection letter and mail it to the Secretary of State of Montana. It is comparable to accepting the designation.
Before you choose a registered agent for your Montana LLC, compare their price and services from the table. They will be responsible for all your documentation, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.