Fill out the Montana Articles of Organization online or download them from mtlcso.mt.gov/articles_of_organization.html. Choose whether you want to fill out the articles yourself or hire an attorney to do it for you. If you choose to use a lawyer, pay the $25 filing fee. You’ll find the information about how to file the documents here.
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Articles of Organization: Filing in Montana
The filing fee for articles of incorporation is $50 and you don’t have to do anything else to start your business. All you have to do is fill out the form, pay the fee, and send it off to the Secretary of State.
You’ll receive confirmation within 10 days of submitting the application. If everything goes well, you’ll officially become a legal corporation.
Step 1: Get Your Articles of Organization Forms
Montana residents must file articles of organization forms with the state secretary of state’s office. You can do it online. If you are starting a nonprofit corporation, you must file Articles of Incorporation within 30 days of forming your nonprofit. Once you have filed those documents, you can start doing business in Montana.
Step 2: Fill Out the Articles of Organization in Montana
The legal name of your LLC/Corp. is called the “entity name.” This is the name you’ll use when filing your articles of organization. You can choose whatever makes sense for your business. For example, if you’re starting a clothing store, it might make sense to call it “Clothing Store Inc.” If you’re creating a software development firm, it could be named something like “Software Development LLC.”
Governing Authority Type:
Your governing authority type determines how much power you have over your business. There are three types of governing authorities: domestic, foreign, and hybrid. One person owns a domestic entity. A foreign entity is owned by one individual and has some form of tax residency outside of the United States. A hybrid entity is owned by multiple people and has domestic and foreign tax residency.
What do you want your business to accomplish? What problem are you trying to solve? Your business purpose should describe why your company exists and what value you bring to customers.
Step 3: File the Articles of Organization
To register an LLC in Montana, you must file articles of incorporation with the Secretary of State. If you are doing it online, there is no charge to do so. However, you must pay $100 to file the documents. This is because the Secretary of State requires a filing fee. In addition, the state charges a $25 annual renewal fee. So, even though you don’t have to pay anything upfront, you’ll still end up paying fees each year.
The process is fairly straightforward. First, you’ll need to fill out the form found here. Then, you’ll need to print it off and take it to your local county clerk’s office. They will collect the filing fee and issue you a receipt. Once you receive this, you’ll need to mail the papers to the Secretary of State.
Once you’ve done that, you’re officially registered as an LLC in Montana.
Steps After Your Montana LLC Is Officially Formed
The process of forming a Montana LLC is fairly straightforward. You just need to follow some basic steps. Here are the steps you need to take after your LLC is officially formed.
1. Get a Business License
You must obtain a business license if you plan to do business in Montana. This includes obtaining a federal tax ID number. If you do not already have one, you can apply online here.
2. File Articles Of Organization With The Secretary Of State
After you file articles of organization, you will receive a certificate of filing. At this stage, keeping a copy of the document filed with the secretary of state is important.
3. Register As A Foreign Corporation In Montana
You will need to register as a foreign corporation in Montana. To do so, you will need to complete and submit a form to the secretary of state. Once completed, the secretary of state will issue a Certificate of Registration.
Create an Operating Agreement
An operating agreement is a legal document used to define how a company operates. This includes defining roles and responsibilities, determining ownership, and setting up procedures for making decisions. You’ll want to make sure you include everything covered in this list so everyone knows what to do if something goes wrong. If you’re having trouble figuring out where to start, here are some things to consider:
1. Define Each Member’s Role
Who does what? Is there one person who handles sales, another who manages finances, and still another who takes care of marketing? Make sure everyone understands his or her role, including the duties and responsibilities involved.
2. Decide How Decisions Are Made
How will decisions be made? Will it be a democratic, consensus, or majority vote? Do you want to keep it simple, or go into great detail about how you’ll handle disagreements?
3. Describe Assets Owned By Each Member
What items belong to whom? Does every employee own stock in the company? What about intellectual property, such as copyrights, patents, trademarks, and domain names?
Get an EIN in Montana
An EIN is like a social security number for your LLC. It’s how you identify yourself legally, and it’s required for doing business in the United States. But getting one isn’t easy. There are many different types of businesses, each with their own set of rules. And while some states require an EIN, others don’t. So what do you do if you want to start a business, but don’t know where to begin? We asked our friends at LegalZoom to help us out. Here’s everything you need to know about starting a business without an EIN.
Open a Business Bank Account
If you are starting a small business, it makes sense to open a dedicated business bank account. This way, you can protect yourself from legal issues and other potential liabilities. You don’t want to put your personal assets into a business account because there is no guarantee that you’ll be able to take out those funds later. If you do end up needing money from your business account, you could find yourself having to pay taxes on the interest earned.
You might think that you can just use your personal checking account for your business, but doing so puts your personal assets at risk. If anything goes wrong with your business, you won’t be able to access your personal savings without paying hefty fees.
A business bank account should be established before you register your business. In most states, you must file articles of organization within 30 days of registering your business. Once you’ve filed, you can start setting up your business bank account.
Your business bank account should be linked to your business credit card. When you make purchases on your business credit card, you can deduct those expenses from your tax return. However, you cannot deduct the charges on your personal credit cards.
Get Licenses and Permits
Businesses are required to obtain licenses and permits to conduct business activities legally. These include everything from obtaining food and beverage licenses to getting construction permits. Some states require specific types of licenses; others do not. In addition, some licenses are required by local governments, while state agencies regulate others.
The federal government regulates interstate commerce, which includes trade across state lines. This means that when you ship goods across state lines, you must comply with both federal and state rules. States generally enforce their own consumer protection laws, such as those related to product safety, employment practices, and unfair competition. However, it is important to note that the federal government has jurisdiction over interstate commerce.
Local ordinances cover zoning, land use, building codes, and sanitation issues. Zoning laws determine how much space buildings can occupy within certain areas. Land use laws dictate whether a particular area can be used for residential, commercial, industrial, or agricultural purposes. Building codes specify the materials that must be used to build structures. Sanitation laws mandate what kinds of waste can be disposed of in different ways.
State and local governments have authority over local matters, such as licensing requirements, taxes, and public health. They cannot interfere with interstate commerce unless Congress passes legislation specifically regulating that activity.
Frequently Asked Questions
What Is an EIN (Employer Identification Number)?
The acronym stands for Employer Identification Number. A federal government agency called the IRS issues EINs, which are used to track income taxes. Businesses use EINs to identify themselves to customers and vendors. They’re also necessary for opening bank accounts and obtaining loans. If you run a small business, chances are you already have an EIN. If you operate as a sole proprietorship, you probably already have an EIN — just check your tax returns. However, you’ll need to obtain an EIN if you operate as an S corporation, partnership, limited liability company, or another type of entity.
How Do I Get My EIN?
If you’d prefer to skip the hassle of applying for an EIN, there are several ways to get one. One option is to apply directly to the IRS. This process typically takes around three weeks and costs $115. Another way is to hire a professional service provider such as LegalZoom. For less than $100, you can get an EIN within 24 hours. And finally, you can file for an EIN online. To learn more about filing for an EIN online, read our guide here.
Why Should I Obtain an EIN?
You might think having an EIN doesn’t matter much, but it does. Here are five reasons why you should consider getting an EIN.
James Rourke is a business and legal writer. He has written extensively on subjects such as contract law, company law, and intellectual property. His work has been featured in publications such as The Times, The Guardian, and Forbes. When he’s not writing, James enjoys spending time with his family and playing golf.