Montana Foreign LLC – Qualification and Registration


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If you already have an LLC in another state and want a Montana LLC, then starting an LLC would be somewhat different. You must register as a foreign LLC. We have here a guide on how you can qualify and register for a foreign LLC in Montana

Forming an Montana Foreign LLC

A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. To start a foreign LLC in Montana, you need to register it with the Montana Secretary of State.

Step 1: Choose Montana Foreign LLC Name

Obtain a name reservation certificate and submit it with your foreign qualification requirements at the Montana Secretary of State. Your LLC’s legal name outside of Montana will be listed on the application, along with the name it will use in Montana. Take note of the requirements for naming your LLC

Check name availability at Montana’s business entity names and reserve your LLC name.

Step 2: Select Montana Foreign LLC Registered Agent

You’ll need a registered agent to form a foreign LLC in Montana and take note that a Montana registered agent must have a local address. Here are three of the best LLC services on our list that will provide you with registered agents to ease your worries: 

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Step 3: File Registration of Montana Foreign LLC 

Fill out and submit a Foreign LLC Application for Registration form via email to sosrecords@mt.gov or by mail to LINDA McCULLOCH, Secretary of State, P.O. Box 202801, Helena, MT 59620-2801.

Include the following:

  • LLC’s full legal name. 
  • A fictitious name or a DBA (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.
  • LLC’s principal office and mailing addresses.
  • LLC formation state and date.
  • Registered agent’s name and address in Montana
  • Date when your LLC will start operations in Montana.
  • Credit card information on the last page of the form for the $150 application fee. 

The LLC cost in Montana, even for foreign LLCs will differ between online filing and by mail.

Step 4: Determine How Your Montana Foreign LLC is taxed

Foreign LLCs are also subjected to the Montana Business Privilege Tax, and they must file LLC annual reports each year.

Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.

Steps to Register your Montana Foreign LLC Online

Time needed: 5 minutes.

To set up your Foreign LLC in the State of Montana, you are required to submit your Application for Certificate of Authority of Foreign LLC with the Secretary of State of Montana. The cost of registration is $70. Once approved by the State Authorities, you will receive a Certified Copy of your Registration from the Secretary of State office. We have explained the aspects you need to cover when you apply for the Montana Foreign LLC.

  1. Visit the Official Website of the Secretary of State of Montana

    Go to the Official State Website of Montana.gov. The website offers an ePass Montana portal which is a convenient and secure way to access Montana Government services.

  2. Login to your Account

    If your account already exists on the ePass portal, proceed to log in by clicking on the ‘Login’ tab. On the next page, fill in your ‘username’ and ‘password’ and click on the ‘login’ tab again. In case you do not have an account, read the next step below to know more about it.

  3. Create your Account

    To create your account on the ePass Montana portal, click on the link provided to create an account under the New User heading. On the next page, provide your personal information details such as First and Last name, primary email, and email verification. In the second column, create your username and password. Next, verify your password and create a password hint for future reference. Next, in the 3rd box, answer three different security questions selected as per your choice. Next, click on the ‘save changes’ tab.

  4. Proceed to File your application

    After confirmation of your account, log in to your ePass Montana Portal. Select ‘File Online’ under Foreign Limited Liability Company. Fill in the required details.

  5. Review the information

    Thoroughly review the information provided by you in the form to be correct and accurate. All the information should be filled in in accordance with the State instructions and guidelines.

  6. Make the Payment

    Next, proceed to the payment gateway page and make the payment. The Filing fee for a foreign LLC in the State of Montana is $70.00.

Once you have completed your filing, you will receive a notification confirming your application for Foreign LLC in Montana by the Secretary of State Office. You will receive a response to your application within 7 to 10 business days from the State Office.

After Forming Montana Foreign LLC

Here are added things you need to accomplish after forming your Montana Foreign LLC

  1. Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search.
  2. File LLC annual reports and Business Privilege Tax.
  3. Pay State Taxes like sales tax; you’ll need an EIN for your LLC

It is convenient plus easy to file for the foreign LLC if you are doing it online. The steps are very easy and that’s why it’s possible to go along with the steps and form the foreign LLC in Montana. 

How Much Does It Cost to Register a Foreign LLC in Montana

To register as a foreign LLC in Montana, you can file online by paying a filing fee of $70 to the Montana Secretary of State.

A foreign LLC can operate in multiple states legally, opening more opportunities for greater profits and market share. The registration process takes about 7-10 days. Upon successful filing, the business will receive notification, and a response will be emailed to it within seven to ten business days. During this time, the foreign LLC will also be required to file annual reports, Business Privilege Tax returns, and obtain an EIN.

To register a foreign LLC in Montana, you must first obtain an ePass account with the Secretary of State. You cannot file forms by mail or by fax, so all filings must be completed online through the SOS Enterprise Online Filing Portal. To register a foreign LLC in Montana, you will also need to have an ePass account in order to file annual reports, amend your LLC’s operating agreement, and withdraw from your LLC.

A foreign LLC must also appoint a registered agent to receive important legal documents. You can hire a registered agent, or create an assumed business name. The fee to hire a registered agent can range anywhere from $50 to $300 per year. You can also get a certified copy of your business documents through the Secretary of State for $10. You can also pay a fee for a certified copy of your business documents from the Secretary of State.

A foreign LLC can register in Montana by filing its Certificate of Authority with the Secretary of State and the Corporations Division. The company must attach a copy of its certificate of good standing from the jurisdiction it was formed. The certificate must be dated within six months of the certificate filing. The filing fee for a foreign LLC is $70. If your business does not have a license, it is possible to register a foreign LLC in Montana by filing a business name reservation.

When registering a foreign LLC in Montana, you must also pay a fee of $70 to file articles of organization. The filing of articles of organization requires you to hire a registered agent. The agent should be reliable and have a high level of integrity. It does not cost much to register a foreign LLC in Montana, but it is essential to select a reliable agent who can help you with your business matters.

When filing your Articles of Organization, you must register your business name. If you are not ready to register your business name, you can reserve it for $10. This will ensure exclusive use of the name for 120 days. After that, you can renew it for an additional 120-day period. You can also reserve a business name using the United States Patent and Trademark Office. There are other options to check whether your business name is available.

Before filing articles of organization in Montana, you must fill out the appropriate forms. The articles of organization are the most important part of the process. Without these forms, the state of Montana will not recognize your LLC. You should also create an ePass Montana account. This account will simplify your LLC formation process by giving you access to authorized eGovernment services. You can create your account by providing your name, email address, and zip code. Then, complete the required forms and submit them to the Secretary of State. You will need to pay a fee of $70 to file articles of organization with the Secretary of State of Montana.

F.A.Qs

What is a foreign LLC in Montana?

If your LLC is formed under the laws of another state, it is referred to as a foreign LLC in Montana.

Do I need a foreign LLC?

Businesses incorporated outside of the state where they operate must have “foreign qualifications” issued in the other states.

What is the main difference between domestic and foreign LLC?

A domestic LLC is a company registered in Montana as an LLC. The entity type that has a physical presence in another state is a foreign LLC.

In Conclusion

Starting a foreign LLC in Montana does not require a lot of documentation or tasks. However, it is always good to seek help from a professional when it comes to running your business. Get a professional registered agent and form your foreign LLC anywhere without a hassle.

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