In Montana, your LLC name is required to have the suffix "Limited Liability
Company" or "Limited Company," or a suffix such as "LLC," "LC," "L.L.C.," or
"L.C."
Before we file your LLC, we will search for your LLC name availability.
You may want to file for a name that you like to be reserved but that may cost
more and in most cases you will not have to.
2. Obtain the LLC Articles of Organization
That is exactly how an LLC is created at the state level. You will need to
register your Articles of Organization. In Montana, the articles of
organization which are normally a couple of pages long, require that a
registered agent is assigned.
3. Assign or be the Montana Registered Agent
A registered agent, in Montana, may be yourself if you are an one member LLC.
The function of the agent is to receive service of process for any suit that
might be filed vs your LLC.
4. An Operating Agreement is Required in addition to the Articles of
Organization
The operating agreement is required in every state because you need it to open a
bank account and also need to notarize it and keep it to prove that you are the
owner of the LLC. As discussed, the articles of organization, i.e., the
LLC certificate does not have the
5.
Register for Other Licensing and Tax Registrations
EIN: All Montana LLCs must have an EIN. You may have heard that if you are the
sole member and you treat your LLC as a disregarded entity, you may not need it.
However, you cannot open an LLC business bank account without an EIN, so you do
need it. In addition, If your LLC has more than one member, you must
obtain the Federal Tax ID also called an Employer Identification Number (EIN).
Of course, you also need an EIN if your LLC will be an employer, treated as a
corporation or if it has more than one member.
Business License: A business license is a business tax registration separate
from other tax or licesning registrations. An LLC needs a business
license.
State Tax Registration: In some states, the department of revenue
may want you to register and obtain a tax number as a general number to identify
you for taxes. Otherwise, there are 2 State Tax IDs: an State Employer Tax
ID SEIN and a Sales Tax ID also called
a seller's permit.
State Income Taxes: Most states, as well as the State of MT, require
you to file a income tax return for your LLC. You do that as you file the
federal tax return. Each member must pay his share of taxes if the LLC is
treated as a partnership even in the case that an owner resides in another
state.
6. Registering as a Foreign LLC
In all states, if you are an LLC from another state, you will either
have to register a new LLC in MT or register as a foreign LLC. In both
cases the fees are about the same and the same effect is effected.
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