Start a Corporation in Montana

If you’re starting a new business, you probably already know what you want to name your corporation. But you’ll need to know if your preferred name is available. To find out, visit the SOS’ Montana Business Name Search and browse until you find the perfect name for your corporation.

You must also ensure your business name complies with state laws.  MT Code § 35-14-401 lays out the requirements. Specifically, your corporation’s name must:

• Contain ‘corporation”, “incorporated”, “company”, or “limited”, the abbreviation “corp.”, “inc.”, “co.”, or “ltd.”, or words or abbreviations of similar meaning in another language
• Be unique among approved business names in Montana
• Not contain language stating or implying your corporation was formed for an unlawful business purpose

Next you must designate a registered agent for your business. Your registered agent is the person who accepts service of process (lawsuits and other legal mail) for your business. You could be your own registered agent, or you could designate another individual or a registered agent service. MT Code § 35-14-501 (2019) requires every corporation to have a registered agent. You’ll have to include your registered agent’s name and address on your Articles of Incorporation.

Learn why the pros use a registered agent service.

Learn more about each Articles of Incorporation requirement below. Note that the information you provide becomes part of the public record—permanently.

Better yet, skip filing by yourself entirely and hire us to incorporate your Montana business. We provide a free business address to list whenever possible throughout the filing to better keep your personal address private.

• Effective Date: Skip this section if you want your business to start right away, but if you want to start on a specific date (such as the start of tax season), you can list an effective date up to 90 days in the future.
• Corporate Type: There are a few different types of corporation you can choose from: Benefit, General, Close, Professional or Close Professional. Most corporations are “General For Profit Corporations.” The other types of corporations are governed by different acts in the Montana Code and have additional restrictions and requirements. Generally speaking, professional corporations are for state-license service providers (like doctors and lawyers), benefit corporations have a business purpose with a public benefit, and close corporations are limited to 25 shareholders and typically restrict share transfers.
• Business Name: Your name must include “Corporation,” “Incorporated,” “Company,” “Limited” or an abbreviation of one of these words. Most corporations keep it short and sweet with “Corp” or “Inc.”
• Registered Agent: For your Montana registered agent, you can choose an “existing agent” (like Northwest) or “new agent” (like yourself or someone in your corporation) and enter their name. Tick the box to confirm that your registered agent has consented to serve this position. Tip: We recommend Northwest for your registered agent.
• Registered Office: If you chose “new agent,” you’ll need to enter the Montana street address where the agent will be available to accept legal notifications for your corporation. This information will become part of the public record of your business.
• Business Address of Principal Office: Where would you like the state to send your corporation’s mail (besides legal notifications—those go to your registered agent)? Tip: Keep things simple with one business address for everything. When you hire Northwest as your registered agent, you can use our Montana address as your mailing address.
• Term: If you want your corporation to continue indefinitely, select “perpetual.” If you want the corporation to end at some point, enter a future end date or the number of years to exist. Tip: Most corporations choose “perpetual.”
• Purpose: You have the option to skip this box—it’s not required to submit your articles, assuming you’re creating a General For-Profit Corporation. If you want to include a purpose, it can be general (“engage in any lawful activity in the State of Montana”) or specific (“prepare and sell baked goods”).
• Tribal Designation: You can optionally indicate if your corporation is a tribal business associated with a tribe listed in the drop down menu, or skip this section.
• Montana Incorporator: Your incorporator signs and submits your Articles of Incorporation and must include their name and address. Your incorporator doesn’t have to be a director or anyone in your corporation. Tip: We’ll be your incorporator when you hire Northwest.
• Directors: If you want, you can choose to list the name and address of your Montana corporation’s directors, but this is optional.
• Authorized Shares: Click “Add Share Class.” For the share name, choose “Common,” “Preferred” or “Other” and then list the number of shares you’re creating. Next to “Share Par Value,” list the value of each share. “Par value” is also called “face value”—it’s the price listed on stock certificates, and it’s typically the lowest value at which a share will be traded.

An EIN (employer identification number) could be loosely defined as a social security number for businesses. You’ll put your EIN on tax forms so that the IRS can identify your business. You can apply for an EIN for free on the IRS website or by mailing a form to the IRS. It’s fastest to apply online, but if you don’t have a social security number, you will need to mail in the paper form.

Most US corporations are required to fill out and file a Beneficial Ownership Information (BOI) Report with the Financial Crimes Enforcement Network (FinCEN). To complete the BOI Report, you’ll have to provide information about your corporation, its beneficial owners, and (for new corporations) the company applicant.

Beneficial Owner: defined as anyone with at least a 25% ownership stake in your company. This also includes anyone with significant control over company operations, such as your CEO, CFO, or General Counsel.

Company Applicant: the individual who filed your Montana Articles of Incorporation with the Secretary of State. It is important to note that corporations formed prior to 2024 are not required to include company applicant information.

You can file the BOI Report online FinCEN’s E-filing system or hire us to handle it for you.

Bylaws are the internal rules you set for your business. They put into writing how decisions will be made and who gets to make those decisions. All the major organizational processes and procedures for your corporation will go in your bylaws.

For more on Montana Corporate Bylaws (including free Montana Corporate Bylaws templates), see our Montana Corporate Bylaws resource.

An organizational meeting is the first official meeting of the corporation after the business is legally formed with the state. At this meeting, bylaws are adopted, officers are appointed, and any other initial business is conducted. The first meeting minutes should also be recorded and added to your corporate record book.

Businesses that mix personal and business finances together risk losing their liability protections, so your corporation will need its own bank account. In addition, a corporate bank account is essential for easily accepting payments, paying bills and holding funds.

In Montana, corporations file an annual report each year. Tax-wise, the state also has a corporate income tax.