How to File a DBA in Montana
In Montana a DBA is an assumed business name filed online with the Secretary of State for $20, with no newspaper publication. Attorney review available.
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Introduction
Montana registers a DBA online through the Secretary of State's business portal, calling it an assumed business name: the public filing that lets a person or business use a name different from the owner's legal name, and it creates no separate legal entity. Montana law defines an assumed business name as any business name other than the full, true, and correct name of a person, and you register it statewide and online with the Montana Secretary of State through the business filing portal, not with a county (Montana Code Annotated 30-13-201 and 30-13-202). The filing fee is twenty dollars. Unlike some states, Montana requires no newspaper publication of the name. Registering an assumed business name does not create a corporation or an LLC, does not shield the owner from liability, and gives no trademark or exclusive right to the name. A Montana registration is effective for a term of five years from the date of registration, and you file a renewal application within the 90-day period before the expiration date or the Secretary of State cancels the registration; the renewal fee is also twenty dollars (Montana Code Annotated 30-13-206). DocDraft builds your Montana assumed business name registration from your facts, with attorney review available before you file.
Key Things to Know
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Filed with the Montana Secretary of State for a twenty dollar fee, a DBA here is called an assumed business name: a public registration that lets you use a business name different from the owner's legal name, and it creates no separate legal entity.
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Montana law defines an assumed business name as any business name other than the full, true, and correct name of a person (Montana Code Annotated 30-13-201). You register it under 30-13-202.
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You register the assumed business name online and statewide with the Montana Secretary of State through the business filing portal, not with a county. Montana uses one central online filing office.
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The filing fee is twenty dollars to register an assumed business name with the Montana Secretary of State, and the renewal fee is also twenty dollars (Montana Secretary of State business fee schedule).
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Montana requires no newspaper publication of an assumed business name. There is no publish step and no proof-of-publication filing once the Secretary of State accepts the registration, unlike some other states.
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A Montana assumed business name registration is effective for a term of five years from the date of registration, and you file a renewal within the 90-day period before it expires or the Secretary of State cancels it (Montana Code Annotated 30-13-206).
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A DBA does not limit your liability and gives no trademark or exclusive right to the name, so a sole proprietor with an assumed business name is still personally responsible for the business.
Key decisions before you file
Before you file a DBA (Doing Business As) in Montana, a few decisions shape the document: which option to choose and what each one means. The DBA (Doing Business As) guide walks through them.
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Montana Requirements for DBA (Doing Business As)
In Montana a DBA is an assumed business name registered online and statewide with the Montana Secretary of State through the business filing portal, not with a county (Montana Code Annotated 30-13-202). Montana uses one central online filing office.
The fee is twenty dollars to register an assumed business name with the Montana Secretary of State, and a renewal is also twenty dollars. Montana sets one statewide fee, so you file and pay online (Montana Secretary of State business fee schedule).
The exact assumed business name to register. Montana defines it as any business name other than the full, true, and correct name of a person, and the name must not include a word such as Corporation, Incorporated, LLC, or Limited unless the registrant is that type of entity.
The full legal name and address of the registrant, the type of registrant, and the name and address of each additional owner. An individual registers under the individual legal name and an entity registers under its true entity name.
The street address and county of the principal place of business in Montana. This is recorded on the assumed business name registration filed online with the Montana Secretary of State.
Montana requires no newspaper publication of an assumed business name. There is no publish step and no proof-of-publication filing once the Montana Secretary of State accepts the registration.
A Montana assumed business name registration is effective for a term of five years from the date of registration. You file a renewal within the 90-day period before it expires or the Secretary of State cancels it, and the renewal fee is twenty dollars (Montana Code Annotated 30-13-206).
A Montana DBA is only a name registration. It creates no separate legal entity, does not limit the personal liability of a sole proprietor or general partner, and gives no trademark or exclusive right to the name.
Frequently Asked Questions
In Montana a DBA is an assumed business name, a public filing that lets a person or company do business under a name different from the owner's legal name. Montana law defines it as any business name other than the full, true, and correct name of a person, and you register it online with the Montana Secretary of State (Montana Code Annotated 30-13-201 and 30-13-202). It connects the name to you on the public record. It does not create a separate legal entity, protect the name, or limit your liability.
In Montana a DBA (assumed business name) is only a name registration you file with the Secretary of State; it creates no new entity and gives no liability protection. A Montana LLC is a separate legal entity you form by filing Articles of Organization with the Secretary of State, and it shields the owners' personal assets. You can have both, since an existing LLC can register an assumed business name to run a brand under another name. Choose based on whether you need liability protection or just a name.
You register an assumed business name online and statewide with the Montana Secretary of State through the business filing portal, not with a county (Montana Code Annotated 30-13-202). Montana uses one central online system, so there is no county-level filing. The filing fee is twenty dollars, and a renewal is also twenty dollars when it is due (Montana Secretary of State business fee schedule).
No. Montana does not require you to publish an assumed business name in a newspaper. Part 2 of chapter 13 sets no publication step and no proof-of-publication filing, so once the Montana Secretary of State accepts your registration there is nothing further to publish. This is different from states that require a notice to run for several weeks after filing.
A Montana assumed business name registration is effective for a term of five years from the date of registration (Montana Code Annotated 30-13-206). You file a renewal application within the 90-day period before the expiration date, or the Secretary of State cancels the registration. The renewal fee is twenty dollars, and a renewed registration runs for another five-year term.
You generally register in Montana when you conduct business under a name other than the full, true, and correct name of the owner (Montana Code Annotated 30-13-201). A sole proprietor operating under a brand name, or an LLC running a second brand, files an assumed business name with the Montana Secretary of State so the assumed name is on the public record. Registering also lets you use the name on the state filing system.
No. A Montana assumed business name registration is a public record connecting a name to the person or entity using it, but it gives no ownership of or exclusive right to the name, so another business could use a similar name. It also creates no separate legal entity, so a sole proprietor registering an assumed business name remains personally liable for the business. For exclusive name rights you would seek a trademark, and for liability protection you would form an LLC or corporation.
Yes. A Montana assumed business name registration identifies the person or entity that owns the business and will use the name. For a general partnership, the partnership is the filer and every partner is behind the filing. If an entity such as an LLC or a corporation registers, the entity is the registrant. The online record ties the assumed business name to that registrant for the five-year term.