How to Register an LLC in Montana (2026 Filing Guide)
To register an LLC in Montana, you file Articles of Organization with the Montana Secretary of State through the state’s online filing system. The state filing fee is $35, one of the lowest in the country. Standard processing takes about 7 to 10 business days, with 24-hour processing available for $20 or 1-hour processing for $100. Once approved, you will still need an EIN from the IRS and a registered agent with a physical Montana address, plus an annual report due every year by April 15. Montana has waived its annual report filing fee since 2024, making it one of the cheapest states to maintain an LLC long-term.
AnyWhereFormations handles this filing end to end for founders who would rather not manage state portals and deadlines themselves. Below is the full process if you want to understand each step, or to file it yourself.
What You Need Before You File
- A business name that is distinguishable from every other entity on record with the Montana Secretary of State and includes “limited liability company,” “LLC,” or an approved abbreviation
- A registered agent with a physical Montana street address, not a P.O. box
- A principal mailing address for the LLC (a street address, not a P.O. box, for the principal office)
- The name and address of at least one member or manager
- A payment method for the $35 state fee
Steps to Register a Montana LLC
1. Check name availability
Search the Montana Secretary of State’s Business Database to confirm your desired name is distinguishable from existing businesses on record under Montana Code Annotated Section 35-8-103. The name must include “limited liability company” or an accepted abbreviation and cannot imply a different business structure, such as “Corporation.” You can reserve a name for 120 days for $10 if you are not ready to file yet.
2. Appoint a registered agent
Montana requires every LLC to maintain a registered agent with a physical street address in the state, available during normal business hours to accept legal documents. This can be yourself, another Montana resident, or a commercial registered agent service, which keeps your personal address off the public record and matters most for founders who do not have a Montana address, including international founders.
3. File the Articles of Organization
Create a Montana ePass account and submit your Articles of Organization online through the Secretary of State’s business portal. You will list the LLC name, duration, principal and mailing address, registered agent information, management structure, and the name and address of at least one member or manager, along with the filer’s signature. The filing fee is $35. Standard processing takes 7 to 10 business days; 24-hour processing costs an added $20, and 1-hour processing costs an added $100.
4. Draft an operating agreement
Montana does not legally require an operating agreement, so without one your LLC is governed by the state’s default statutory rules, which give you less control over how your company actually runs. A written agreement sets your own terms for ownership, profit allocation, and decision-making, and banks frequently ask for one before opening an account, even for single-member LLCs.
5. Get a federal EIN
Apply for an Employer Identification Number directly from the IRS at no cost. Multi-member LLCs and any LLC with employees need one; using an EIN instead of your personal Social Security number on business forms is also more secure. Founders without a US Social Security Number can still get an EIN by submitting Form SS-4 by fax rather than through the online IRS system.
6. Set up business and tax accounts if applicable
Montana has no general state sales tax, which simplifies retail operations compared to most states. If your LLC has employees, register for a Montana withholding account with the Department of Revenue, and set up workers’ compensation and unemployment insurance accounts as needed. LLCs taxed as pass-through entities owe no separate state-level income tax; LLCs electing corporate tax treatment pay Montana’s 6.75 percent corporate rate on net income.
7. Open a business bank account
Keep business funds separate from personal funds to preserve your LLC’s liability protection. Banks typically ask for your operating agreement, EIN confirmation, and an LLC resolution authorizing the account.
8. File your annual report
Montana requires an annual report every year by April 15, filed online through the Secretary of State’s business portal. Montana has waived the annual report filing fee since 2024, so most LLCs currently file for free, though filing late still triggers penalties, and the state can dissolve an LLC that goes 140 days past due without filing.
How Long Does Montana LLC Approval Take?
Standard online processing typically takes 7 to 10 business days. Montana offers two expedited tiers: 24-hour processing for an added $20, or 1-hour processing for an added $100, both worth considering if you have a bank account, contract, or vehicle titling deadline driving your timeline.
Foreign Founders and International Applicants
Montana does not require an LLC owner, member, or manager to be a US citizen or Montana resident. International founders commonly use a commercial registered agent for the required in-state address and apply for an EIN by fax using Form SS-4 rather than the SSN-gated online IRS application. Montana also has no general state sales tax, which is part of why the state draws LLC formations from outside its borders, though it does not offer anonymous LLC formation the way Delaware, Nevada, New Mexico, or Wyoming do; member and manager names are part of the public Articles of Organization. AnyWhereFormations manages the registered agent and EIN setup directly for non-resident founders.
How much does it cost to register an LLC in Montana?
The state filing fee for Articles of Organization is $35. Montana has waived its annual report filing fee since 2024, making ongoing compliance largely cost-free at the state level beyond optional services.
Do I need a registered agent in Montana?
Yes. Every Montana LLC must maintain a registered agent with a physical Montana street address, available during normal business hours to accept legal documents on the LLC’s behalf.
Can a non-US resident form a Montana LLC?
Yes. Montana does not require LLC owners, members, or managers to be US citizens or Montana residents. Non-residents need a registered agent with a physical Montana address and typically apply for an EIN by fax if they do not hold a Social Security Number.
Is an operating agreement required in Montana?
No, but without one your LLC is governed by Montana’s default statutory rules rather than terms you and your members actually agreed to. Most owners draft one regardless, and banks often request it.
When is the Montana LLC annual report due, and does it cost anything?
It is due every year by April 15. Montana has waived the filing fee since 2024, so most LLCs file for free, though filing late still triggers penalties and an LLC that goes 140 days past due can be dissolved by the state.
Does Montana allow anonymous LLCs?
No. Member and manager names are part of the public Articles of Organization in Montana. Only Delaware, Nevada, New Mexico, and Wyoming currently offer anonymous LLC formation.
How long does it take to form an LLC in Montana?
Standard processing takes about 7 to 10 business days, with 24-hour processing available for an added $20 or 1-hour processing for an added $100.
File Your Montana LLC With AnyWhereFormations
AnyWhereFormations prepares and files your Articles of Organization, sets up your registered agent, secures your EIN, and keeps your annual report on schedule so your LLC stays in good standing. This is built for founders, including those outside the US, who want the entity formed correctly the first time without learning Montana’s filing system themselves.
