State Information

Montana

Selecting the Montana Corporation or LLC Name

When you start the name selection process for your Montana corporation, you may want to remember that the name will need to be unique and will identify you as a separate entity transacting business in the state you register it. The name of a corporation must end with “Incorporated,” “Corporation,” “Corp” or “Inc.”. When developing a name for a limited liability company it must end with “Limited Liability Company” or “LLC”.

Since the name you choose will be identifying your corporation or limited liability company as a unique business entity, the name will not be accepted by the state if it is likely to mislead the public or if it too closely resembles the name of another corporation or LLC formed in Montana.

Do not use any type of punctuation such as dashes, periods, slashes or commas in name selection. It may be advantageous to try to make the name of your corporation or LLC so that it identifies with the goods or services you provide, but this is not required.

Selecting a Board of Directors

A corporation formed under Montana law can have several members serve as director but is only required to have one. Since the board is responsible for managing the corporation, it is usually suggested that the board be made up of individuals that are officers or shareholders who have some type of day to day involvement with the corporation. Montana has no minimum age requirements for a director.

Montana Taxes

Montana formed corporations are expected to file the Montana Corporation Tax return, Form MO 1120 or MO 1120S annually. whether a “C” or “S” corporation. The amount of tax is dependent on a number of factors and there is no minimum tax. A Corporation is also required to file a Corporation License Tax return annually with a minimum tax due of $50.00.

A Limited Liability Company within Montana is required to file as either a corporation or a partnership dependent on the election made on the SS-4. Montana maintains an individual income tax so employers are expected to withhold state income tax. Montana does not maintain a general sales and use tax.

Registered Agent

The registered agent must have a physical street address within Montana state. PO boxes are not acceptable, within Montana.

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