Montana Registered Agent: If you wish to start a Montana LLC, you have to appoint a registered agent. According to Montana State Law, it is mandatory to have a Montana Registered Agent if you are conducting business in the state. A registered agent receives all the official and legal documents from the State. They also receive the service of process if there’s any lawsuit in concern.
In the following guide, we have shared all the required information regarding hiring a registered agent, why you need a registered agent in Montana, and who can be a registered agent for your LLC. Read this guide carefully before you hire a Montana Registered Agent.
On this page, you’ll learn about the following:
What is a Montana Registered Agent
A registered agent (or a statutory agent or a resident agent) in Montana is an individual or a business that represents your business in receiving official documents. These official papers include formation documents, business renewal documents, tax filing, and any legal document if the LLC gets sued by other companies. All these documents go straight to the registered agent’s official address in the state. While forming an LLC, it is mandatory to appoint a registered agent.
When you file the Montana LLC formation papers with the Secretary of State, LLCs have to mention their registered agent’s name and address. When you choose a registered agent in Montana, you can go for two options, hiring an in-house registered agent or outsourcing the service.
Hiring a Registered Agent in Montana
You may have several options for hiring a registered agent in Montana. To become a registered agent, one has to meet the basic eligibility criteria. If the minimum requirements are fulfilled, anyone residing in Montana can represent your LLC as your registered agent.
Who Can Be a Registered Agent
- The person must be above 18 years old.
- The person must have a legal and physical address in the state where the LLC will operate.
- The person must be physically present during normal working hours.
- Anyone who fulfills the above requirements can act as a registered agent.
- Recommended – You should use a professional registered agent in Montana always.
Can I Be My Own Registered Agent
Yes, you can be your own registered agent. In fact, any member of the LLC, managers, and the owner can be a registered agent. Besides, someone from the owners’ family, such as a spouse, relatives, or other family members, can also act as a registered agent. As mentioned above, anyone who is representing the business as an agent should fulfill the basic criteria.
Why You Shouldn’t Be Your Own Registered Agent
Many small businesses do not hire a registered agent to save a chunk of money. However, it is not recommended to be your own registered agent. There are a bunch of problems one has to face while being a registered agent of his own LLC. Following are some of the issues you face,
- If you are operating your business from home or you are into web business, then your home address will be shared on the public portal. This address will be used for mailing and other official purposes. This will hamper your privacy.
- A registered agent has to be physically available at the official address during working hours on working days for 52 weeks. Being your own registered agent might restrict your other work due to this.
- The registered agent’s address must be up to date in the Secretary of State portal.
It is recommended to outsource the registered agent service to ease your work as it protects your privacy, especially if you conduct your business from home. It is always wise to outsource the RA service than be your own registered agent.
Recommended: You can get the best registered agent service at a reasonable price with online LLC service providers. We recommend using –
ZenBusiness – $99 Per Year
How to Choose a Registered Agent in Montana
You can choose a Montana Registered Agent in two ways, either you can employ an in-house RA or outsource the service. Another option is to be your own registered agent. However, it is recommended to outsource the service as it is less worrisome and hassle-free.
In-house Registered Agent
As far as the in-house registered agent is concerned, it can be anyone from the LLC, including you, or you can employ an individual for this position. In that case, your office or home address will be the Registered Agent’s office address. Every LLC has to share its principal office address, mailing address, and registered agent’s office address to the state public portal. Hiring a registered agent service will make it easier as you can use the RA’s address as a mailing address.
Outsourcing Registered Agent Service
You may also avail yourself of professional registered agent services. Doing so ensures that you will have the best service provider to represent your business. Following are the best Registered Agent services on our list that will provide you with registered agents to ease your worries.
Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. If you are forming your LLC from scratch, then with Northwest Registered Agent, you will get the full formation package, including 1-year FREE registered agent service.
What to Consider While Choosing a Montana Registered Agent
Here are some factors to consider when choosing a registered agent.
- Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent typically costs between $99 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
- Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents. We recommend Registered Agent Services that have been in business for a long time. They are experienced and well capable of handling all your documentation.
- State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers. Check out the best Registered Agent Services to consider for this job.
- Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company. Some of the service providers offer this service. Make sure to choose an RA service that includes this service.
How to Appoint a Registered Agent in Montana
At the time of submitting the Montana Articles of Organization, the registered agent can be appointed by the LLC. It can be done online or by mail. No additional fee is charged for appointing a Registered Agent. Only the state filing fee should be paid.
Appoint Registered Agent Online
To appoint a registered agent online, you have to go to the Montana LLC Online Filing page and provide the information of your Registered Agent accordingly. For more information, read on Montana Articles of Organization.
Cost of a Montana Registered Agent
The cost of having a registered agent can be variable. It depends on whether you are employing an in-house registered agent, being your own agent, or outsourcing the service. The cost of having a registered agent can start from $99 and go up to $300 per year. It will be cost-effective if you outsource the registered agent service in Montana.
Registered Agent services that also provide LLC formation packages can provide the same service at a lower price. For example, Northwest Registered Agent offers standalone registered agent service at $125 per year, but if you buy their LLC formation package at $39 + state fees, you will get registered agent service free for 1 year.
How to Change a Registered Agent in Montana
To change the Montana registered agent, you must file a Change of registered agent or office by entity form. This form can be submitted to the Montana Secretary of State via online filing.
For online filing, you need to get the online form, which is available on the Montana Secretary of State portal. Fill in all the necessary information of LLC as well as current and old registered agents. This form must be completed and signed by the newly appointed registered agent and any authorized member of the LLC. The signature of the new registered agent acts like the consent to be appointed as one. Submit it online.
Fee: There is no filing fee.
Why Do LLCs in Montana Need a Registered Agent Service
There are several reasons why a business should appoint a registered agent in Montana. Some of the most important reasons are listed below,
- Confidentiality: Having a registered agent service in Montana ensures the complete privacy of your business and related documentation. Appointing a registered agent company instead of an individual gets you privacy and confidentiality contracts beforehand.
- Up-to-date Compliance: LLCs and corporates have plenty of paperwork and compliances that are to be updated on time. With a registered agent service, you don’t have to worry about those compliances as your registered agent will maintain a compliance calendar.
- Privacy: It is mandatory for businesses in Montana to publicly upload their address to the Montana Secretary of State. If you are using the home address for your business, then it would not be safe to make your private address public. On the other side, appointing a registered agent service will cover you up here as they have to provide their address to the Montana SOS and not yours.
- Availability: Every registered agent has to be available during office hours of work on business days. If you hire a registered agent service, then they can be available at the required time without harming other tasks at the company.
- Online Safe Backup: Every registered agent in Montana or any other state usually takes an online backup of all the documents and paperwork. This ensures the LLC papers are securely saved in a central system.
- Lawsuits or Summons: Getting summoned or involved in a lawsuit does not leave a good impression on the employees. With a registered agent, all the related papers will be delivered to the Registered Agent’s official address. Hence, owners do not have to receive any such papers in their office in front of their employees.
Montana Registered Agent and Business Laws
Registered agents in Montana are responsible for all legal aspects and LLC business law. Each state has its own set of business laws. Montana is no different. Each state has its own set of business laws. These are the most important business laws every business must adhere to.
Every state has a business interest law. The guidelines for interest rates are generally lower than what is required by law. Most businesses will agree to higher rates of interest. Montana charges a 15% annual rate if written and 10% on judgment. The state has a 6% interest rate above the prime rate if not written. Montana has Usury Law. Penalty for the Usury Law can lead to forfeiture of double the interest rates received. Montana’s interest rate is 15%. Transactions between the national banks and merchants are exempted from this law.
Antitrust law can be used to detect cartels being formed on any market. If competitors join together and exert an illegal influence over the supply or price of the market, it is called a cartel. Cartels are illegal in all markets. Montana has an Antitrust Law like other states.
Montana’s statute allows you to file a claim under this law, though no time limit has been set. The law also permits a plaintiff to recover attorney fees and damages.
Trade Practice Law: Deceptive Trade Practices
Montana has a Deceptive Trade Practice Law. There are penalties for trade theft and other deceptive acts. Any attorney general may bring this case. The maximum penalty for this offense is $5,000 and imprisonment of up to 10 years. The plaintiff can recover the actual damage or $500 or out-of-pocket damage, whatever is more. Also, can recover the attorney fees.
Civil Statute of Limitation Laws
Montana has the same Civil Statute of Limitations Laws as other states. This law allows up to 10 years in prison. A time limit is set for when you can file a suit. Failure to file a suit within the prescribed time can lead to penalties and fines. A minimum of 2 years will be given to bring the case.
Hours and Wage Laws
Montana’s minimum wage for employees over 18 years is $4.00/hour to $8.30/hour. Anyone working above 40 hours a week should be paid for overtime. An employee can bring a case against an employer for violating the law.
Pyramid and Ponzi Schemes Laws
Montana has a maximum of five years in prison for investment fraud. A $5,000 fine can be added. Anyone who attempts to invest in fraud by paying existing investors or taking money from new investors could be sent to prison. A minimum of one-year imprisonment and a $1000 fine might be paid under this law.
Registered agents handle these legal cases. Montana’s registered agent can help you to manage and comply with all business laws.
How to Remove a Registered Agent for LLC in Montana
A registered agent for LLC in Montana can be removed by filing a Change Form with the Montana Secretary of State without any filing amount.
If you’ve started an LLC in Montana and haven’t gotten around to changing your registered agent, here’s what you should know. As a registered agent, your business receives all kinds of business correspondence, government correspondence, and compliance-related documents. Ideally, you should be located in Montana, so that you’ll be able to receive legal mail during normal business hours. To remove your registered agent, you’ll need to submit the necessary documents to the state of Montana.
If you’ve registered your LLC in Montana, you’ll need to identify the registered agent, which is typically your business’s registered agent. An LLC must be registered in Montana in order to conduct business legally in the state. To do so, you must select a name that’s unique and distinguishable from any other business in the state. Check whether the name you’ve chosen is available in your desired state and contact the Secretary of State to change it.
If you don’t want to hire a registered agent, you can choose to be the registered agent yourself. In Montana, this is required by law. However, acting as the registered agent can be time-consuming and can be problematic for newly-formed businesses. Therefore, if you want to serve as the registered agent, you must register your business in a state that allows registered agents. You can learn more about the requirements for a registered agent by visiting the Sims Help Center.
When registering an LLC in Montana, you will need to appoint a registered agent. This person will receive legal documents on your behalf, and must reside in Montana. A registered agent can be a member of the company or a business entity that has a main office in Montana. There’s no separate fee for appointing a registered agent in Montana, and changing it will not cost you extra money.
Another great option for a registered agent is LegalZoom. They offer a number of services and a reputable name. However, you may find it difficult to get answers to specific LLC-related questions. If you have an unlimited budget, LegalZoom is a great option. Despite its large size, it’s still in the beta phase, so it’s best to find a registered agent before paying it for an LLC in Montana.
Lastly, you should select a name for your LLC. You should be able to select a name that’s unique and does not indicate another type of business structure. You can search for a name by going to the Secretary of State’s website and finding a few names that fit the bill. If you find a name you like, you should make the change and add your LLC designator. You should make sure that your business name is available and unique, as it will be required when you file for your LLC.
Once you’ve selected the name, you’ll need to fill out the application form and pay a fee. In order to use this form, you should provide your Montana registered agent with the business name. This will guarantee that your LLC’s name is available and won’t be taken by another business. After completing the form, you must wait at least 120 days before removing the registered agent from your business name.
All corporations and limited liability companies doing business in Montana are required by state law to appoint a Montana registered agent. Montana registered agents provide a reliable way for the Secretary of State and state courts to contact a corporation or LLC.
A registered agent is simply a person or entity appointed to accept service of process and official mail on your company’s behalf who lives in the state of service and is over 18.
If you intend to be your own registered agent, you may be forced to use your home address (especially if you run a home-based or web-based business), making the address public for mailing and other official purposes. This might harm your privacy. Hence, it is recommended to outsource the RA service. Also, if you outsource it to professionals, it will be hassle-free.
Before you choose a registered agent for your Montana LLC, compare their price and services from the table. They will be responsible for all your documentation, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.