Form a Corporation in Montana
Everything you need to know about forming a Corporation in Montana. Filing fees, requirements, timeline, and step-by-step guidance.
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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.
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
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