Montana Articles of Incorporation
Montana articles of incorporation form a corporation by filing with the Secretary of State for $35, setting the name, registered agent, and shares. Attorney review available.
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Introduction
Montana files its formation paperwork entirely online and taxes corporate income at a single flat rate instead of levying a franchise tax, but the founding step is still the Articles of Incorporation, filed with the Montana Secretary of State to create a domestic for-profit corporation as a separate legal entity. Filing brings the corporation into existence so it can own property, sign contracts, and give its owners limited liability for the corporation's debts. Montana law requires the articles to set forth the corporation's name, the number of shares it is authorized to issue, the street and mailing addresses of its initial registered office and the name of its initial registered agent at that office, and the name and address of each incorporator (Mont. Code Ann. 35-14-202). The filing fee is $35. After the corporation is formed, Montana does not charge a franchise tax for the privilege of doing business; instead the state levies a corporate income tax at a flat 6.75% of income earned in Montana, with a $50 minimum tax. Every Montana corporation must file an annual report with the Secretary of State between January 1 and April 15 each year (Mont. Code Ann. 35-14-1621), and the fee is $20. DocDraft builds your Montana articles of incorporation from your facts, with attorney review available before you file.
Key Things to Know
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Filed online with the Montana Secretary of State, the articles of incorporation create a domestic for-profit corporation as a separate legal entity.
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You file the articles online with the Montana Secretary of State and pay a $35 filing fee. The Secretary of State is the filing office for forming a Montana corporation.
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Montana requires the articles to set forth the corporation's name, the number of shares it is authorized to issue, the street and mailing addresses of its initial registered office and the name of its initial registered agent, and the name and address of each incorporator (Mont. Code Ann. 35-14-202).
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The articles must name an initial registered agent with a Montana street address and give the registered office address; the corporation must continuously maintain a registered agent in the state to receive legal papers.
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Montana does not charge a franchise tax for the privilege of doing business. The state levies a corporate income tax at a flat 6.75% of income earned in Montana, with a $50 minimum tax, so there is no franchise-tax minimum like California's $800.
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Every Montana corporation must file an annual report with the Secretary of State between January 1 and April 15 each year (Mont. Code Ann. 35-14-1621), and the fee is $20. Late filing incurs a penalty.
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Articles of incorporation form a corporation. To form a Montana limited liability company you file articles of organization instead, and corporate bylaws are a separate internal document the corporation keeps rather than files.
Key decisions before you file
Before you file a Articles of Incorporation in Montana, a few decisions shape the document: which option to choose and what each one means. The Articles of Incorporation guide walks through them.
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Montana Requirements for Articles of Incorporation
A Montana domestic for-profit corporation is formed by filing Articles of Incorporation online with the Montana Secretary of State. The filing fee is $35. The corporation legally exists once the Secretary of State files the articles.
The corporation name in the articles must satisfy Montana naming rules, include a word such as Corporation, Incorporated, Company, or Limited, or an abbreviation, and be distinguishable from other entities on file with the Montana Secretary of State (Mont. Code Ann. 35-14-202, 35-14-401).
The articles must set forth the street and mailing addresses of the initial registered office in Montana and the name of the initial registered agent at that office. The agent must have a Montana street address and be available during business hours (Mont. Code Ann. 35-14-202).
The articles must set forth the name and address of each incorporator. An incorporator signs the articles and does not have to be an owner, director, or officer of the corporation (Mont. Code Ann. 35-14-202).
The articles must state the number of shares the corporation is authorized to issue. If more than one class or series is authorized, the articles must provide a distinguishing designation and describe the terms of each class or series before issuance (Mont. Code Ann. 35-14-202, 35-14-601).
Every Montana corporation must file an annual report with the Secretary of State between January 1 and April 15 each year (Mont. Code Ann. 35-14-1621), and the fee is $20. Late filing incurs a penalty. The report states the agent, offices, directors, officers, and shares.
Montana does not charge a franchise tax for the privilege of doing business, so there is no franchise-tax minimum like California $800. The state levies a corporate income tax at a flat 6.75% of Montana income, with a $50 minimum tax. Confirm how it applies with the Department of Revenue or a tax professional.
Articles of incorporation form a corporation. To form a Montana limited liability company you file articles of organization instead. Corporate bylaws are a separate internal document the corporation keeps rather than files with the state.
Frequently Asked Questions
In Montana, articles of incorporation are the founding document you file with the Secretary of State to create a corporation. Filing them makes the corporation a separate legal entity that can own property, sign contracts, and shield its owners from personal liability for the corporation's debts. A domestic for-profit corporation is formed by filing Articles of Incorporation, which set out the corporation's name, its authorized shares, its registered office and agent, and each incorporator (Mont. Code Ann. 35-14-202).
In Montana, articles of incorporation create a corporation, which has shareholders, directors, and shares of stock. Articles of organization create a limited liability company (LLC), which has members instead of shareholders and issues no stock. Both are filed with the Montana Secretary of State and both form a separate legal entity, but they create different kinds of entities under different parts of Montana law. Choose the one that matches the entity you want.
You file the Articles of Incorporation with the Montana Secretary of State, and the filing is done online through the Secretary of State's business portal. The filing fee is $35. Once the Secretary of State accepts and files the articles, the corporation legally exists in Montana. Re-confirm the current fee on the Secretary of State's fee schedule before you file, because Montana sets its filing fees by rule.
Montana requires the articles to set forth the corporation's name, which must satisfy state naming rules; the number of shares the corporation is authorized to issue; the street and mailing addresses of the corporation's initial registered office and the name of its initial registered agent at that office; and the name and address of each incorporator (Mont. Code Ann. 35-14-202). The articles may also add optional provisions, such as the initial directors or a statement of purpose. The incorporator signs the articles.
The registered agent named in Montana articles of incorporation must have a street address in Montana and agree to accept legal papers for the corporation, and the agent must be available during normal business hours. The agent can be an individual who resides in Montana or a business entity authorized to do business in the state. A Montana corporation must continuously maintain a registered agent in the state so the public and the government can serve documents on it.
No. Montana does not charge a franchise tax for the privilege of doing business in the state, so there is no flat franchise-tax minimum like California's $800. Instead, Montana levies a corporate income tax at a flat 6.75% of income earned in Montana, with a $50 minimum tax. This is a tax rule, not tax advice, so confirm how the Montana corporate income tax applies to your corporation with the Department of Revenue or a tax professional.
Every Montana corporation must file an annual report with the Secretary of State between January 1 and April 15 each year (Mont. Code Ann. 35-14-1621). The fee is $20. The report states the corporation's registered agent, registered office, principal office, directors, officers, and share information. Filing on time keeps the corporation in good standing; filing late incurs a penalty and continued failure can lead to administrative dissolution.
In Montana, articles of incorporation are the short public document you file with the Secretary of State to create the corporation. Bylaws are a longer internal document the corporation adopts and keeps in its own records, not filed with the state, setting the rules for how the corporation is run, such as how directors are elected and how meetings are held. You need the Montana articles to exist as a corporation and the bylaws to govern it day to day.