Register Your Montana Foreign Corporation
A Montana foreign corporation is a corporation that was formed outside of the state, but is registered to do business in Montana. Registering a foreign corporation in Montana involves filing a Foreign Registration Statement for a Foreign Profit Corporation with Montana’s Secretary of State. It costs $70, and it must be filed online.
Our easy-to-follow guide below walks you through the steps you’ll need to take to register a foreign corporation in Montana. If paperwork isn’t your thing, let Northwest handle it for you.
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The process of registering your foreign corporation in Montana is called foreign qualification, and it requires business owners to submit official paperwork to the state. The good news is that you’ve already done the heavy lifting of forming a corporation in its home state, which means you won’t need to apply for an EIN or draft corporate bylaws. But you will have to jump through a few hoops before Montana will allow your corporation to do business in the state.
Here’s what you need to know about registering your foreign corporation in Montana.
1. Name Your Montana Corporation
Your corporation’s name is registered in its home state, but now you need to register the name in Montana as well. This means you’ll need to do two things:
- Comply with Montana corporate naming regulations by looking over MT Code § 35-14-401.
- Check with Montana’s Business Search website to see if anyone is using your desired corporate name.
If your desired name is not available, you can get a Montana DBA to operate under a name closer to your original corporate name.
As your business expands to a new state, now might be a good time to apply for a federal trademark. This way you’ll be able to ensure your corporate name is available in all fifty states.
2. Designate a Registered Agent
If you’re going to operate a foreign corporation in Montana, you’ll need a Montana registered agent. A registered agent is the person or company designated to receive service of process (lawsuits, summons, subpoenas, court documents, etc…) and other official mail on behalf of your business.
You can be your own registered agent, but remember, acting as your own registered agent means listing your name and address on Montana’s public record. If you’d prefer to keep your name and address away from the public eye, make the smart choice and hire Northwest to be your registered agent.
3. Start Your Business Identity
As you go through the process of registering your foreign corporation to do business in Montana, it’s a good idea to take charge of your business identity now rather than later. Your business identity is the way your business appears to potential customers. With Northwest you can register a domain, build a business website, and get real deal Montana business address and phone number all with one click.
4. Submit the Montana Foreign Registration Statement for a Foreign Profit Corporation
To register a foreign corporation in Montana, you’ll need to follow state law (MT Code § 35-14-1503) and file a Foreign Registration Statement for a Foreign Profit Corporation with the Montana Secretary of State.
To successfully register your foreign corporation in Montana you’ll need the following information about your corporation:
- Business name
- State, country, or tribal land where foreign corporation was originally formed
- Date of incorporation
- Address of the foreign corporation’s principal office
- Name and address of the foreign corporation’s registered agent and registered office
- Names and business addresses of the corporation’s directors and principal officers
- Brief description of the nature of the business to be conducted in Montana
- An e-signed statement that the foreign corporation has complied with corporate laws in its home jurisdiction
- Contact information for signer (email and daytime phone number)
Note: It costs $70 for normal processing (7-10 business days). If you want your Montana foreign corporation to be registered right away, you can pay an additional $20 for 24-hour processing or an additional $100 for 1-hour processing.
Montana no longer accepts mail or in person filings. This means you’ll need to file your registration online through Montana’s SOS Enterprise Online Filing Portal. You can create an account with Montana’s Secretary of State to file your documents.
5. Receive Montana Certificate of Authority
Once processed by Montana’s Secretary of State, you’ll receive notice of your corporation’s Certificate of Authority by email. You will also be able to access a digital copy of the official filing in your online SOS account.
6. File Montana Reports & Taxes
You’re almost home, but don’t forget about your annual corporate maintenance and taxes. Montana has no sales tax, but your corporation will need to pay income taxes.
Income Tax: Montana has a flat 6.75% corporate income tax rate. You can find more information on how and when to file your Montana corporate taxes at Montana’s Department of Revenue.
Annual Report: Your Montana annual report is due April 15th. For 2024, Montana has waived the annual report fee for all businesses. This means your annual report will be free to file. However, if you miss the April 15th deadline, a $15 penalty will be charged.
Northwest Can Register Your Montana Foreign Corporation
Not everyone is a DIYer, and if you’d rather focus on your business instead of filing your foreign qualification documents, Northwest can help!
For just $225 + state fees you’ll get:
- Foreign Registration. We’ll file your paperwork and let you know when it’s approved.
- Registered Agent Service. We’ll serve as your Montana registered agent. Our name and address will go on all foreign qualification documents allowable, keeping your private information under wraps!
- Building Your Business Identity. Get a custom website, domain name, a professional business email address, top-notch phone service, and mail forwarding, free for 90 days.
- Annual Report Reminders. We’ll send you a reminder about your Montana annual report 90 days before it’s due, and you can have us file for you ($100), or you can file on your own.
Montana Foreign Corporation FAQs
To change the information on your foreign registration in Montana, log into your Montana Business Services online account and file an Amended Certificate Of Authority/Foreign Registration Statement. It costs $15 to file an amendment. To withdraw your foreign corporation in Montana, you’ll need to complete a Statement of Withdrawal. There is no fee to withdraw a foreign LLC in Montana.
Montana law doesn’t really nail down what it means to “do business” in the state, but in general, if your business is making sales, providing services, and paying taxes inside of the state, then you’re probably doing business in Montana.
For more information, check out What Exactly Does “Doing Business” in Another State Mean?
No.
No. While some states ask foreign businesses to provide proof of existence or good standing, Montana does not require one.
Foreign corporation filings need to be signed (e-signature) by an officer of the corporation (board member, CEO, etc…).
We sure can. Our foreign qualification package costs $225 + state fees.