How to Reinstate an LLC in Montana – 2024 Guide


Steve Bennett
Steve Bennett
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Get Montana LLC Reinstated

Reinstatement of an LLC in Montana involves a simple process. In general, after dissolving a limited liability company, sometimes LLCs restore their good standing and continue their operations. Depending on the reason for dissolution, the reinstatement occurs. In most cases in Montana, if the dissolution is administrative, the chances of reinstatement are higher.

This article will take you through the process of restoring your business. The editors from LLCBuddy focus mainly on how to reinstate an LLC in Montana, also known as The Treasure State. There might be several reasons for LLC dissolution in Montana. This article will also list the type of dissolution in Montana and which ones are eligible for reinstation.

What is LLC Reinstatement in Montana?

LLC reinstatement simply refers to returning an administratively dissolved or revoked business entity to active status. In case the Limited Liability Company doesn’t comply with the state requirements, such as non-payment for necessary fees and not filing annual reports, it may dissolve by the Montana Secretary of State. When companies have been reinstated, they regain their legal capacity, thereby facilitating continued operations. In some cases, the companies can be dissolved due to legal issues or by members’ choices.

LLC Dissolution in Montana

There can be several reasons why a Limited Liability Company gets dissolved in Montana. Certain types of dissolution can be identified based on the reasons given. In Montana, reinstatement of an LLC depends on how and why the LLC got dissolved in Montana in the first place.

  1. Administrative Dissolution: If the LLC fails to comply with the State rules, like filing proper documents (annual reports, BOI reports in Montana), tax dues, or any other administrative issues, the state can dissolve the LLC in Montana.
  2. Judicial Dissolution: If there is any lawsuit and court orders to dissolve the company, the said LLC has to shut it down.
  3. Dissolution Due to Expiration: In some cases, LLCs were formed for a particular reason or for a specific time. Hence, the LLC was automatically dissolved after the purpose was served or the period was over.
  4. Voluntary Dissolution: When members decide to dissolve the LLC, they file the dissolution form with Montana Secretary of State.

How to Reinstate an LLC in Montana

As mentioned above, reinstatement takes place depending on the type of dissolution. The steps involved in restoring your LLC are moderately simple; however, getting professional help before you start processing LLC reinstatement is recommended. Here are the initial steps to follow before you file for reinstatement in Montana.

Initial Steps Before Filing for Reinstatement

In Montana, most of the businesses are reinstated after administrative dissolution. That is the most common type of reinstatement for any business, such as LLC or Corporation in Montana. There are a few steps before you start the restore process.

Identify Reasons for Dissolution

Before you start reinstating your LLC, you must know why your company was dissolved. Some common reasons are:

  • Missing annual reports.
  • Unpaid state taxes.
  • Non-compliance with specific state regulations.

If need be, contact Montana Department of Revenue to know whether you owe any outstanding tax obligations. Besides, going through the Montana Secretary of State correspondences or checking the Certificate of Good Standing online can help you understand why dissolution was done in your entity.

Gather Necessary Information Regarding the LLC in Montana

To avoid delays in filing, gather all necessary information ahead of time, including:

  • Business Name: You should first check if it is still available and has not been taken by another entity.
  • Document Number: It can often be found on previous filings or notices issued by the Montana Secretary of State.
  • Details of Previous Filings and Compliance Records: These involve past annual reports, tax returns, and other compliance materials.

How to File an LLC Reinstatement Document

Once you are determined to restore your LLC (or business), you must proceed with the filing of a reinstatement application. In Montana, the reinstatement document is called Reinstate a Business. The next task is to get the forms from the official Montana Secretary of State business section. A reinstatement fee might be paid to the Montana SOS.

Forms

In order to reinstate your LLC, you have to fill out various forms which could include:

  • LLC Reinstatement Form: You can file your LLC reinstatement offline or online (whichever is available and convenient for you).
  • Additional Forms: Depending on what type of dissolution it is, you might need to file additional forms to Montana Tax Department [Montana Department of Revenue] or Insurance Department [Montana State Auditor’s Office, Insurance and Securities Division]. Besides, the Certificate of Good Standing in Montana might be needed.
  • Annual Report Filing: For administrative dissolution, the LLC must file the annual reports and pay the due annual report fees along with the reinstatement form.

Fees

The following fees may be incurred during reinstatement:

  • Reinstatement Fee: In Montana, the LLC reinstatement fee is $35 + annual report fees.
  • Annual Report Fees: Your company could have to pay for each year it didn’t file the annual reports. The annual report fee in Montana is $20.
  • Late Fees and Penalties: There are possible late fees and penalties if you miss the filing deadlines set by Montana.

Accepted methods of payment are as follows:

  • Credit Card – Visa, MasterCard, American Express or Discover.
  • For offline payment – Check with the Montana Secretary of State for details.

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Processing Time and Confirmation

The processing time for reinstatement of your LLC in Montana varies depending on the filing method. For online filing (if available), it takes less time to process than that of offline filing. However, sometimes it takes almost the same time for both methods.

  • Processing time for LLC reinstatement: In Montana, the LLC reinstatement processing time is 1 to 2 weeks. Expedited filings take 1 hour to process the documents.

Updating LLC Information During Reinstatement

Upon reinstatement, you have an opportunity to update your LLC’s information.

  • Update members’ or managers’: Changing Members and Managers: You can add, delete, or change Members and Managers.
  • Update names and addresses as necessary.
  • Update Registered Agent Information: Change the registered agent or office address.

Changing the Registered Agent in Montana

To change the existing Registered Agent for your LLC, you must attach a separate application for the same. Check how to change a registered agent in Montana to know more about the process.

Updating Business Address

Principal Office & Mailing Address changes may also be made in these areas:

  1. Fill out the Address Change Form – where required by Montana Secretary of State.
  2. Submit LLC Amendment Form – to update the business address or other details of your LLC, you might submit the Montana LLC Amendment to the SOS.
  3. Submit with Reinstatement Application – Ensure all information provided is correct.

Post-Reinstatement Requirements

After getting a company back into good standing, more steps are necessary to maintain compliance:

  • Obtain a Copy of the Reinstatement Certificate
  • Updating Business Licenses
  • Make sure that all business licenses are up-to-date:
    • General Business License- Verify with must get.
    • Specific Permits and Licenses- Check for any industry-specific requirements.
  • Verifying Good Standing Status
    • Montana Annual Reports – File on time each year.
    • Tax Payments – Pay all state taxes due.

It might look like the steps are simple to reinstate your LLC. However, it is not as simple as it looks. Considering all the paperwork and legal complexities, it is recommended to hire professionals. You must read the best LLC services in Montana where you can explore the professional services for your consideration.

Additional Considerations

  • Federal Requirements: Reporting Beneficial Ownership Information: Federal requirement for reporting beneficial ownership information since January 1, 2024. Visit the Beneficial Ownership Page on Montana Secretary of State website for more details.
  • Name Availability: Name change is one of the options to consider when an original business name is not available. DBA in Montana can also be filed if the previous name is not available. Fill out the correct amendment form with Montana Secretary of State.
  • Contracts and EIN Reinstatement: Contracts and your EIN might be impacted by reinstating your LLC:
  • Renew Contracts: You will need to talk with vendors, banks, and customers about the revival.
  • Get a New EIN: When this becomes necessary, you should acquire it from the IRS.

Benefits of Reinstatement

There are certain important advantages of restoring your company’s existence:

  • Restores Good Standing: This makes the company become legally recognized again within the state.
  • Maintains Limited Liability Protection: This will protect the business’s owners from being liable for any company’s debts.
  • Ensures Business Continuity: The company can, therefore, continue operating without any legal challenges.
  • Preserve Business Credibility: For instance, a good relationship with clients is necessary for maintaining trust amongst suppliers and financial institutions.

Common Reasons for Administrative Dissolution

  • Failure to File Annual Reports: Filing annual reports that many states like Montana require companies such as Limited Liability Companies (LLCs) is a must; otherwise, it may lead to dissolution.
  • Unpaid Taxes: An LLC could be dissolved until taxes are paid if any franchise taxes are pending or some state tax has not been settled.
  • Non-Compliance with Other State Requirements: For instance, where there isn’t a registered agent maintained within a specified period while being subjected to several business regulations set by the state.

Reinstatement After Dissolution in Montana

  • Depending on the type of dissolution, reinstatement takes place. For Administrative Dissolution, reinstatement is very common and possible in Montana.
  • For voluntary dissolution, reinstatement is not common. Because the LLC dissolution in Montana is voluntary by members, it is not common for them to restore the LLC in Montana.
  • For Judiciary Dissolution, it is very uncommon to reinstate in Montana. Most of the time, court orders do not allow the LLCs to restore their business in the state they are located in. In very exclusive cases, they can be reinstated if the court passes such an order.

FAQs

What is the process for reinstating an LLC in Montana?
In Montana, the process for reinstating an LLC involves filing a Statement of Reinstatement with the Secretary of State’s office.
How long does it take to reinstate an LLC in Montana?
The processing time for reinstating an LLC in Montana can vary, but it typically takes a few weeks to complete.
What are the reasons why an LLC in Montana may be administratively dissolved?
An LLC in Montana may be administratively dissolved due to failure to file an annual report, failure to maintain a registered agent, or failure to pay required fees.
Can I reinstate my Montana LLC if it has been administratively dissolved?
Yes, you can reinstate your Montana LLC if it has been administratively dissolved by filing a Statement of Reinstatement with the Secretary of State’s office.
Is there a deadline for reinstating an LLC in Montana after it has been administratively dissolved?
While there is no strict deadline for reinstating an LLC in Montana after it has been administratively dissolved, it is recommended to take action as soon as possible to avoid further complications.
What are the fees associated with reinstating an LLC in Montana?
The fees for reinstating an LLC in Montana include a reinstatement fee, late fees for missed annual reports, and any outstanding taxes or penalties.
Can I reinstate my Montana LLC online?
Yes, you can reinstate your Montana LLC online by submitting the necessary forms and payment through the Secretary of State’s website.
Do I need to obtain a new EIN when reinstating my LLC in Montana?
If your LLC in Montana is being reinstated and there have been no changes to the ownership or structure, you do not need to obtain a new Employer Identification Number (EIN).
What information do I need to provide when reinstating my Montana LLC?
When reinstating your Montana LLC, you will need to provide the LLC name, the entity ID number, the reason for dissolution, and any updated information on members or managers.
Can I change the name of my LLC when reinstating it in Montana?
If you wish to change the name of your LLC when reinstating it in Montana, you will need to file an amendment to the Articles of Organization along with the reinstatement paperwork.
What happens if I fail to reinstate my Montana LLC after it has been administratively dissolved?
If you fail to reinstate your Montana LLC after it has been administratively dissolved, the LLC will no longer be able to conduct business legally, and its assets may be at risk.
Can I operate my Montana LLC while the reinstatement process is ongoing?
In Montana, you are not allowed to operate your LLC while the reinstatement process is ongoing. It is important to wait until the LLC is officially reinstated to resume business activities.
Are there any consequences for not reinstating an LLC in Montana?
If you do not reinstate your LLC in Montana, the entity will cease to exist legally, and you may lose the limited liability protection that comes with it.
Can I reinstate my Montana LLC if it has been dissolved voluntarily?
If your LLC in Montana has been dissolved voluntarily, you may still be able to reinstate it by following the necessary steps outlined by the Secretary of State.
What documents do I need to submit with the reinstatement paperwork for my LLC in Montana?
When reinstating your LLC in Montana, you will need to submit a Statement of Reinstatement and any other required forms as specified by the Secretary of State.
How can I check the status of my LLC in Montana to see if it has been administratively dissolved?
You can check the status of your LLC in Montana by searching the business entity database on the Secretary of State’s website or contacting their office directly.
Can I reinstate my Montana LLC if it has been inactive for a long time?
Yes, you can reinstate your Montana LLC even if it has been inactive for a long time. However, you may be required to pay additional fees for missed filings or late reports.
What is the deadline for filing an annual report for my LLC in Montana?
The deadline for filing an annual report for your LLC in Montana is April 15th of each year. Failure to file by this deadline can result in administrative dissolution.
Can I reinstate my Montana LLC if I have outstanding tax debts?
To reinstate your Montana LLC if you have outstanding tax debts, you will need to settle these debts with the Montana Department of Revenue before filing for reinstatement with the Secretary of State.
Do I need to notify my LLC’s members or managers when reinstating it in Montana?
It is advisable to notify your LLC’s members or managers when reinstating it in Montana, especially if there are any changes to the ownership or structure of the company.
Do I need to publish a notice of the LLC’s reinstatement in Montana?
In Montana, you are not required to publish a notice of your LLC’s reinstatement. However, it may be a good practice to notify business partners, creditors, and other relevant parties.
Can I reinstate my Montana LLC if it was dissolved for non-payment of fees?
Yes, you can reinstate your Montana LLC if it was dissolved for non-payment of fees by settling the outstanding fees and filing a Statement of Reinstatement with the Secretary of State.
Is there a grace period for reinstating an LLC in Montana after it has been administratively dissolved?
While there is no specific grace period for reinstating an LLC in Montana after it has been administratively dissolved, it is essential to act promptly to avoid additional complications.
Can I dispute the dissolution of my LLC in Montana?
If you believe that the dissolution of your LLC in Montana was done in error or due to extenuating circumstances, you may be able to dispute it by appealing to the Secretary of State’s office.
Can I reinstate my Montana LLC if it was dissolved for not having a registered agent?
If your Montana LLC was dissolved for not having a registered agent, you can reinstate it by appointing a new registered agent and filing the necessary reinstatement paperwork with the Secretary of State.
Can I reinstate my Montana LLC if it was dissolved for failure to file annual reports?
Yes, you can reinstate your Montana LLC if it was dissolved for failure to file annual reports. You will need to submit all past due reports and a Statement of Reinstatement to the Secretary of State.
What is the difference between reinstatement and a new registration for an LLC in Montana?
Reinstatement is the process of restoring a dissolved LLC’s status to active, while a new registration involves forming a brand new LLC entity in Montana with a new name and structure.
Can I reinstate my Montana LLC if it was involuntarily dissolved by the Secretary of State?
If your Montana LLC was involuntarily dissolved by the Secretary of State, you can still reinstate it by correcting any issues that led to the dissolution and following the reinstatement process.
Can I transfer assets or contracts from my dissolved Montana LLC to a new entity upon reinstatement?
Transferring assets or contracts from a dissolved Montana LLC to a new entity upon reinstatement may require legal advice to ensure compliance with state laws and regulations.
How do I reinstate my LLC in Montana?
To reinstate your LLC in Montana, you need to file an Application for Reinstatement with the Montana Secretary of State.

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In Conclusion

LLC reinstatement or restoration in Montana mostly depends on the type of dissolution. If it is a voluntary dissolution by the members or managers, then probably the reinstatement won’t occur. However, the LLC reinstatement will be done for other types of involuntary dissolutions in Montana. As mentioned, you must submit the Certificate of Good Standing and updated Annual Report to the SOS to restore the LLC.

Besides, every LLC gets a certain time limit after dissolution. Within that period, reinstatement can be registered. In some states, there is no such time limit. Hence, they can file for restoration of their business any time after the dissolution process is completed. Though this article explains the DIY methods of filing your LLC reinstatement, it is highly recommended that you get professional help.

Always remember to meet state requirements consistently, which will prevent further involuntary dissolutions in the future and maintain the reputation of your company while at the same time preserving its basic features.

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