Form a Corporation in Montana
Forming a Corporation in Montana costs $70 in state filing fees and typically takes 5-7 business days to process. After that, plan for a $15 annual report fee.
Last verified July 2026 against official Montana sources · see sources
Want this turned into your personalized Corporation roadmap for Montana?
See it free, no account needed. Save it later to track every step, deadline, and what comes after forming a Corporation.
How to File
Choose a Corporate Name
Select a unique corporate name that includes a required designator such as 'Corporation,' 'Incorporated,' 'Company,' or an abbreviation (Corp., Inc., Co.). Use the Montana Secretary of State's business name search tool to confirm availability before filing.
30 minutes
Appoint a Registered Agent
Designate a registered agent with a physical street address in Montana who is authorized to receive legal and official documents on behalf of the corporation. The registered agent can be an individual Montana resident or a qualified commercial registered agent service.
1-2 hours
File Articles of Incorporation
Prepare and file the Articles of Incorporation with the Montana Secretary of State's office, either online through the Montana Business Services portal or by mail. The document must include the corporate name, registered agent information, number of authorized shares, and incorporator details.
1-2 hours
Pay Filing Fee
Submit the $70 state filing fee along with your Articles of Incorporation. If you require expedited 24-hour processing, an additional $100 fee applies. Online filings can be paid by credit card; mail filings require a check payable to the Montana Secretary of State.
15 minutes
What's Next After Filing
Once your Corporation is officially formed, you'll want to complete these important steps:
- •Create Corporate Bylaws — Draft corporate bylaws that establish the internal governance rules for the corporation, including procedures for shareholder meetings, board of director elections, officer roles, and voting rights. While not filed with the state, bylaws are legally required and should be maintained at the principal office.
- •Hold Organizational Meeting and Issue Stock — Conduct an initial organizational meeting of the board of directors to adopt bylaws, appoint officers, authorize issuance of stock, and address other initial corporate matters. Issue stock certificates to initial shareholders and record ownership in the corporate stock ledger.
- •Obtain EIN and Register for State Taxes — Obtain a Federal Employer Identification Number (EIN) from the IRS, which is required for banking, hiring employees, and filing taxes. Register with the Montana Department of Revenue for applicable state taxes, including corporate income tax and any required business licenses or permits.
Fees and Processing Time
- State filing fee:
- $70
- Expedite fee:
- $100
- Standard processing:
- 5-7 business days
- Expedited processing:
- 24 hours
The base filing fee for Articles of Incorporation in Montana is $70. Expedited 24-hour processing is available for an additional $100 fee. Fees are payable to the Montana Secretary of State and are non-refundable.
Corporation in Montana: Quick Answers
How much does it cost to form a Corporation in Montana?
The state filing fee is $70, plus $100 if you choose expedited processing. Optional costs such as a paid registered agent are on top of that.
How long does it take to form a Corporation in Montana?
Standard processing is 5-7 business days; expedited processing is 24 hours.
Does a Corporation in Montana need a registered agent?
Yes. You must name a registered agent with a physical Montana address. You can serve as your own agent if you have a Montana street address and are available during business hours.
Does Montana require a Corporation to publish a notice?
No. Montana has no newspaper publication requirement for this entity type.
What are the annual fees and filings for a Corporation in Montana?
The annual report fee is $15. Due: April 15. See Annual Obligations below for other required filings.
Advantages
- ✓Limited liability protection shields shareholders' personal assets from corporate debts and legal judgments
- ✓Ability to raise capital by issuing multiple classes of stock and attracting investors more easily than other entity types
- ✓Perpetual existence — the corporation continues to exist regardless of changes in ownership or the death of shareholders
- ✓Potential tax advantages through S-Corp election, deductible employee benefits, and income splitting strategies
- ✓Enhanced credibility with customers, lenders, and vendors due to the formal corporate structure
Considerations
- •Potential for double taxation as a C-Corporation — profits taxed at the corporate level and again when distributed as dividends to shareholders
- •More complex and costly to form and maintain than an LLC or sole proprietorship, with stricter recordkeeping and governance requirements
- •Greater administrative burden including mandatory bylaws, board meetings, meeting minutes, and annual reporting obligations
Annual Obligations
How a Corporation Compares in Montana
Corporation vs. LLC
A Montana LLC offers more flexible management and pass-through taxation by default with fewer formalities, while a corporation has a rigid management structure with a board of directors but provides easier access to investment capital through stock issuance.
Corporation vs. S-Corp
An S-Corp is a tax election made with the IRS that allows a corporation to pass income through to shareholders' personal returns to avoid double taxation, whereas a standard C-Corporation is taxed separately at the corporate level; Montana corporations may elect S-Corp status if they meet IRS eligibility requirements.
Corporation vs. Partnership
A corporation provides full limited liability protection for all owners, whereas general partners in a partnership face personal liability for business debts; a corporation also has a more formal structure and greater ability to raise capital than a partnership.
Corporation vs. Nonprofit
A for-profit Montana corporation is formed to generate profit for shareholders, while a nonprofit corporation is organized for charitable, educational, or public benefit purposes and may qualify for state and federal tax exemptions but cannot distribute profits to members or directors.
Sources
Fees, steps and deadlines on this page come from Montana's official filing office and tax agency pages listed below and were last verified in July 2026. Fees change — confirm on the official site before you file.
What OpenChamber Does
We don't file paperwork for you — we guide you through doing it yourself, which saves money and helps you understand your business from day one.
Personalized Checklist
Every task you need, organized by priority and tailored to Montana.
Vetted Professionals
When you need help, we connect you with professionals we trust.
Progress Tracking
Never lose track of where you are or what's next.
Track Your Progress
Get a personalized checklist for forming your Corporation in Montana — and everything that comes after.
Get Your Free Checklist