Your Montana Registered Agent provides various services, including the acceptance of formal documents and continued correspondence with the Montana Secretary of State.

Your LLC must have a Registered Agent at all times. You’ll appoint one when you first formally register and form your business. You can also replace your existing Montana Registered Agent at a later date, provided there is a smooth transition between the old and new agents.

 

Montana Registered Agent Requirements

  • Every LLC, both foreign and domestic, must have a Registered Agent with a registered office within the State of Montana at all times
  • The Registered Agent can be a domestic or foreign (licensed to transact business in the state) artificial legal entity (Corporation, LLC, LP or LLP) or a natural person.
  • The Registered Office must be in the state of Montana and located at a street address (a P.O. Box only is not acceptable)>
  • If the Registered Agent is a person, they must live in Montana.
  • If the Registered Agent is a company, they must be authorized to conduct business in Montana.
  • The Registered Agent must be available in person to sign for any correspondence during normal business hours.

Note that the address for your Montana Registered Agent does not need to be the same as your Montana LLC business address.

What a Montana Registered Agent Does

A Registered Agent’s main function in Montana is to accept official documentation and communications.

This includes:

  • Correspondence from the Montana Secretary of State (SOS)
  • Service of process notices (e.g., if your LLC is sued or required to appear in court)
  • Tax forms and requests to complete permits, company filings and reports
  • Official state and federal government correspondence and notices

Having a Registered Agent also provides proof to the state that your business exists.

Incfile Provides Free Montana Registered Agent Service for the First Year

Incfile provides complete Montana Registered Agent service for any LLC that’s formed in the state. Even better, if you’ve formed your business through Incfile, your Registered Agent is completely free for the first year and only $119 a year after that.

Incfile is authorized to conduct business in Montana and can legally act as your Registered Agent. Here’s what our Registered Agent service provides:

An always-available Montana Registered Agent who can receive correspondence, documents and legal proceedings on your LLC’s behalf

Automatic forwarding of all legal correspondence, documentation and information directly to you

Email notification whenever we receive documents for your business

A digital dashboard where you can access, store and retrieve any information we’ve received for your business

 

Appointing a Registered Agent for Your LLC

When you first register and form your LLC, you must appoint a Registered Agent. You can change it at any point after that. Here’s how to go about it.

Assign a Registered Agent When You Form Your LLC

Your business needs to have a Registered Agent as soon as it’s formed. You can do this two ways:

1
File Articles of Organization with the Montana Secretary of State

When you formally create your business, you’re required to include details of your Registered Agent in your Articles of Organization.

2
Get a Free Registered Agent When You Form Your LLC with Incfile

Establish your business through us, and you’ll get a free year of our Registered Agent Service. We’ll also complete and file your Articles of Organization for you with the information that you provide.

Assign a New Registered Agent After Formation

After you’ve formed your LLC, you can still assign someone else to be your Montana Registered Agent. There are a couple of ways to achieve this.

1
Choose a new Registered Agent Service and let the Montana Secretary of State (SOS) know

Once you’ve chosen a new Registered Agent, file a Statement of Change with the Montana Secretary of State. The MT Secretary of State provides the service at no cost.

2
We’ll file the change on your behalf when you sign up for Incfile’s Registered Agent service

When you use our Registered Agent service, we take care of all the form filling and filing for you. We’ll collect important information about your business, complete the form on your behalf and file it with the Montana Secretary of State. We’ll let you know when we officially become your Registered Agent.

Montana Registered Agent Search

In certain situations, it may be useful to know the name of the Registered Agent that represents another LLC in Montana. You can download and browse a corporate registered agent list provided by the Montana SOS to discover this information.

If you can’t find the Registered Agent information there, you can request it from the Secretary of State.

What Happens if You Don’t Have a Registered Agent?

If you don’t assign or provide details of a Registered Agent to the Montana Secretary of State there are several possible ramifications, including:

  • Losing your status as an LLC in Montana. A Registered Agent is evidence to the state that your business exists. Without it, you could lose your business entity protections and your LLC may be dissolved.
  • Getting sued or served and not knowing about it. You could lose to a default judgment in your absence if your LLC is sued and you don’t respond.
  • Falling out of good standing with the Montana SOS. The state may revoke your right to do business if you don’t respond to certain correspondence (such as a request for your annual report).
 

Acting as Your Own Registered Agent

You can choose to be the Registered Agent for your LLC if you have a physical address in Montana, although there may be some drawbacks to this approach:

  • The Registered Agent’s name and address are part of the public record and available through the Montana Secretary of State website. You should use a Registered Agent service if you prefer that these personal details remain private.
  • Someone must always be available during business hours at the Montana address to receive and sign for important documents and correspondence.
  • The Registered Agent must have a physical street address in Montana. If you’re forming an LLC outside the state, you’ll need to use an in-state Registered Agent.
  • If you change your business address or move out of state, you need to file additional documentation with the MT Secretary of State for the new address. This isn’t necessary if you use a Registered Agent service, making a move or address change much more smooth.

Other Useful Resources

FAQs About Montana Registered Agents

Do I Need to Appoint a Montana Registered Agent?

Yes. Most business entities (including LLCs) in the state are required to have a Registered Agent. This is mandated by the Montana Secretary of State (SOS). Find more information above.

When Should I Assign a Registered Agent?

You must assign a Registered Agent when you first register and formally form your Montana business with the SOS. You can change your agent afterward by filing the correct form. If you form your business through Incfile, we’ll file all the necessary forms on your behalf. You'll find more information above.

Can I Be My Own Registered Agent?

Yes, but we don’t recommend it for the reasons listed above.

Does the Registered Agent for my Montana-Based LLC Need to have an Address in Montana?

Yes. And if you use a company as your Registered Agent, that company must be legally able to conduct business in your state. You'll find more information above.

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