Montana Registered Agents for LLCs
Every business entity formed in Montana needs to formally appoint a person or business to act as a Registered Agent. Your Montana Registered Agent provides various services to LLCs, including the acceptance of formal documents and correspondence from the Montana Secretary of State.
Your LLC must have a Registered Agent at all times. You can appoint a Registered Agent when you first start your business. You can also replace your existing Registered Agent at a later date, provided there is a smooth transition between the old and new Registered Agent service.
Information on the Montana Secretary of State and Registered Agent Services
Here’s some important information from the Montana Secretary of State on Registered Agent services.
“A registered agent’s primary purpose is to accept service of process on behalf of the entities it represents. Over time, it has become common for business entities to use as their registered agents businesses whose principal activity is the provision of registered agent services. An entity registered with the Secretary of State as a registered agent must maintain an active good standing status and an address within the State of Montana whether as a Commercial or Noncommercial Registered Agent. A business entity cannot serve as its own registered agent.”
Rules for Montana Registered Agents
There are certain rules that you must follow when you’re appointing a Montana Registered Agent service for your business. They are:
- If the Registered Agent is a person, they must reside in Montana.
- If the Registered Agent is a business, they must be able to conduct business in Montana.
- The Registered Agent must have a physical street address in Montana, not a P.O. Box.
- The Registered Agent must be available in person during normal business hours to sign for any correspondence.
Note that the Registered Agent address does not need to be the same as your Montana LLC business address.
Services Provided by a Montana Registered Agent
Your Montana Registered Agent carries out several valuable services for your business. They accept official communications and documents from the MT Secretary of State on your behalf. This may include:
- Correspondence from the Montana Secretary of State, like a notice to file reports and other forms
- Service of process documents (for example, if your LLC has legal proceedings issued against it)
- Official Montana and federal government documents, form filings and requests for information (including taxes, permits and company filings)
Incfile Provides a Free Montana Registered Agent Service for the First Year
If you have an LLC that’s incorporated in Montana and you need a Registered Agent, we can help. Incfile provides a complete Registered Agent service for any Montana business. We’ll even act as your Registered Agent free for your first year (normally a $119 annual cost).
We are authorized to conduct business in Montana and can legally act as your Registered Agent.
Here’s what the Incfile Montana Registered Agent service provides for your LLC:
- An always-available Montana Registered Agent who can receive correspondence, documents and legal proceedings on your LLC’s behalf
- A digital dashboard where you can access, store and retrieve any information we’ve received for your Montana business
- Email notification whenever we receive documents for your business
- Automatic forwarding of all legal correspondence, documentation and information directly to you
- Your first year free ($119 a year after), whether you incorporate with Incfile or not
Order Incfile’s Montana Registered Agent service
How to Appoint a Montana Registered Agent for Your LLC
You can appoint a Registered Agent when you first incorporate your Montana LLC or at any point after that. Here’s how to go about it.
Assign Your Montana Registered Agent When You Form Your LLC
Your business needs to have a Montana Registered Agent Service as soon as it’s formed. You can achieve this through one of the following methods.
File Certificate of Formation with the Montana Secretary of State
You will need to include details of your Registered Agent in your Certificate of Formation. This is the form that you file with the MT Secretary of State to formally create your business.
Incorporate Through Incfile and Get a Free Montana Registered Agent
When you incorporate through us, we complete and file your Certificate of Formation based on the information you’ve provided. Additionally, we give you a free Montana Registered Agent service for the first year, and we’ll include details of your Registered Agent in the form that we file.
Incorporate your business through Incfile
Assign a Different Montana Registered Agent Service After Incorporation
You can also change your Registered Agent service after you’ve formed your LLC. There are a couple of ways to achieve this.
Choose a Registered Agent Service and File Form Statement of Change of Registered Office or Registered Agent, or Both with the Montana Secretary of State
Once you’ve chosen a new Registered Agent, you can complete a form that’s available on the MT Secretary of State website. Once you’ve filled it out, send it to the Secretary of State so they can update your records.
Sign Up for Incfile’s Montana Registered Agent Service and We’ll File the Change on Your Behalf
When you choose to use our MT 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 send it to the Montana Secretary of State. We’ll let you know once we officially become your Registered Agent.
Order Incfile’s Montana Registered Agent service
Searching for MT Registered Agents for Other LLCs
In some situations, you might want to know the name of the Registered Agent that represents another Montana LLC. If you do, you can search the business database of the Montana Secretary of State, which will often provide details of a specific business’s Registered Agent.
If the Registered Agent isn’t available from the searchable business registry, contact the Montana Secretary of State requesting the information.
Possible Outcomes of Not Assigning a Registered Agent for Your Montana LLC
What happens if you choose not to assign or provide details of a Registered Agent to the Montana Secretary of State? There are several possible ramifications, including:
- Getting served or sued and not finding out about it: If your LLC is sued and you don’t know about it, you could lose to a default judgment in your absence.
- Falling out of good standing with the Montana Secretary of State: If you don’t respond to certain correspondence (like the request for your annual report), certain states may revoke your right to do business.
- Losing your status as a Montana LLC: A Registered Agent “proves” to the state that your business exists. Without it, you could lose your business entity protections and your LLC may be dissolved.
Assigning Yourself as the Montana Registered Agent for Your LLC
If you have an address in Montana, you can choose to be the Registered Agent for your LLC. We don’t recommend this approach as there can be some drawbacks:
- The Registered Agent must have a physical street address in Montana. If you’re forming an LLC outside MT, you will need to use an in-state Registered Agent.
- You always need to have someone on hand during business hours at the Montana address to sign for important documents.
- The Registered Agent’s name and address are part of the public record and available through the Montana Secretary of State's website. If you prefer your name and address aren’t published, you should choose a Registered Agent service.
- If you change your Montana business address or move out of state, you need to file additional documentation with the MT Secretary of State for the new address if you act as your own Registered Agent. This would not be the case if you use a Registered Agent service, making a move or address change much simpler.
FAQs About Montana Registered Agents
Do I Need to Appoint a Montana Registered Agent?
Yes. All MT LLCs are required to have a Registered Agent. This is mandated by the Montana Secretary of State.
When Can I Assign a Montana Registered Agent Service?
You can either do it when you incorporate your Montana business through paperwork filed with the Secretary of State or afterward by filing the correct form. If you form your business through Incfile, we will file all necessary forms on your behalf.
Can I Be My Own Registered Agent in Montana?
Yes, but we don’t recommend it for the reasons listed above. If you still want to be your own Registered Agent, you need to fill in the correct forms and pay a fee to the Montana Secretary of State.
Does My Registered Agent Need to Have an Address in Montana?
Yes. Additionally, if they are a business providing Registered Agent services, they must be legally able to conduct business in your state.
Useful Resources for Montana Registered Agent Services
You might find these resources helpful: