How to start a business in Montana
Montana is a great place to start a new service business. It is ranked as one of the top states for helping small businesses grow, with plenty of opportunities and great locations here. If you think of becoming a successful business owner, here are some important steps to follow while starting your journey.
- Choosing a business name
- Deciding on a business structure
- Registering your business
- Getting an EIN
- Obtaining licenses and permits
- Setting up your business online
Find the name for your company
Select an original and easily recognizable name for your company. It should reflect the field in which you offer your services, so potential customers understand what the business is about.
- Practical tip: The name that is memorable, easy to pronounce, spell, and remember works best.
Make sure that the name complies with the Montana's naming requirements, such as avoiding prohibited words or phrases. Also, ensure that the chosen name is not already registered or in use by another business in Montana.
Register your Assumed Business Name (ABN/DBA)
Once you have decided on a name for your company, it is important to take the necessary steps to register and secure it. To begin the registration process, simply complete the Registration of Assumed Business Name (ABN/DBA) form found on the Montana Secretary of State website. There is a fee of $20 associated with this registration.
It is also possible to reserve your chosen business name in the state of Montana. This ensures that no one else can use the same name while you are in the process of establishing legal structure for your business. To do this, you must file a Name Reservation Application with the Montana Secretary of State's office. The fee is $10 and the reservation will remain valid for a period of 120 days.
Establish the legal structure of your business
As a future business owner, one of the most important decisions you will have to make is choosing the structure for your business. Whether it is a Sole Proprietorship, Partnership, Limited Liability Company, or Corporation, this choice is particularly critical for service-based businesses because it has a direct impact on various factors such as:
- legal liability
- taxation
- management
Here are some key insights into different business entities that you may want to consider for your service business.
Register your business
Now, it is the time to proceed with legal procedures for formally registering your business in the state of Montana. Please note that the specific steps involved may vary depending on the type of business entity you have selected.
1. Registered Agent
Appoint a Montana resident as your company's agent to receive official paperwork and government correspondence. This can be you or a hired commercial registered agent. It can also be another legal business entity that is filed with the Montana Secretary of State's office with a physical address in Montana.
2. Certificate of formation
To register your business in the form of an LLC, file the Articles of Organization on the Montana Secretary of State website. The fee is $35.
The key information that Articles of Organization for an LLC in Montana must include:
- Name of your business. The name must include the words "Limited Liability Company" or the abbreviations "LLC" or "L.L.C."
- Registered agent
- Principal office address
- Management structure (members or appointed managers) with their names and addresses if applicable
Check out the detailed list of requirements and provisions for the Articles of Organization of an LLC in Montana.
In Montana, sole proprietorships have the advantage of not requiring formal registration. This means that if you decide to operate your business under your own legal name, there are no additional steps needed to establish your sole proprietorship from a legal standpoint.
However, if you plan to operate your sole proprietorship under a name that is different from your legal name you must:
- register that trade name with the Montana Secretary of State, as described in steps 1 & 2
- Determine your tax obligations
- Get necessary licenses and permits
Unlike some other states, Montana does not require a specific certificate or registration for general partnerships to operate.
General partnerships are informal business structures formed when two or more individuals or entities collaborate for profit. However, it is necessary for general partnerships to register their business name.
In the case of limited partnerships or limited liability partnerships, a Certificate of Domestic Limited Partnership or Limited Liability Limited Partnership must be registered with the Montana Secretary of State. This certificate plays a crucial role in establishing these specific types of partnerships within the state. The certificate contains essential information such as the partnership name, addresses of the partners, the purpose or nature of the business, as well as other required details. In addition, if the partnership does not have an indefinite duration, the certificate may also specify its duration. The filling fee is $10.
Check out the detailed list of provisions to set up a Limited Partnership or Limited Liability Partnership in Montana.
Establishing a corporation requires fulfilling various legal and administrative responsibilities. These encompass activities like state registration, creation of corporate bylaws, and the appointment of a board of directors. Given the complexities involved, many businesses that provide services opt for simpler business structures, such as sole proprietorships, partnerships, or limited liability companies (LLCs).
Nonetheless, if you are inclined towards forming a corporation for your business, it is advisable to consult the Montana Secretary of State website, which provides extensive information and comprehensive guidelines.
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Consider creating an operating agreement
An operating agreement can provide valuable benefits to certain business entities in Montana, such as Limited Liability Companies, Limited Liability Partnerships, and Limited Partnerships.
While Montana does not mandate an operating agreement for LLCs, it is strongly recommended as it helps establish internal structure, ownership rights, and operational procedures. When it comes to LLPs, having an operating agreement is crucial in determining partner rights, profit allocation, and various operational aspects. Additionally, LPs may find it necessary to have an operating agreement as it allows for outlining partner roles, profit distribution, decision-making processes, and dissolution procedures.
Apply for Employer Identification Number (EIN)
Employer Identification Number (EIN) is absolutely essential for a variety of important purposes. This individual nine-digit identifier plays a vital role in ensuring accurate tax filing and adherence to tax regulations. Furthermore, it is crucial for efficient management of payroll tax reporting and proper withholding of taxes when employing individuals. Acquiring an EIN is also frequently a prerequisite for establishing a business bank account.
To apply for an EIN, you must determine your eligibility by having a valid Taxpayer Identification Number (TIN) and being the owner or co-owner of the business. If you meet these requirements, you can complete the application online by visiting the Internal Revenue Service website and following the instructions. There is no fee for obtaining an EIN, and you will receive it immediately upon completion if applying online.Note that for sole proprietorships without employees the owner may use their Social Security Number (SSN) instead of an EIN.
Obtain licenses & permits
When starting a service business in Montana, it is important to determine which licenses and permits you need from state and local authorities. Requirements vary depending on the type of business and where it operates. Montana's eStop Business Licenses Portal provides a centralized way to apply for and manage certain state business licenses and permits, while professional licenses and local business licenses may be handled by other agencies.
Montana does not have a general-use sales tax, so most businesses do not need a general sales tax license or seller's permit.
State level
Certain professions and industries in Montana, such as healthcare and construction, may require specialized licenses from state licensing boards or programs. Check the Montana Professional Boards & Licensing website to determine whether your profession requires a state-level license and learn about the applicable requirements.
Local level
Obtain licenses & permits
When starting a service business in Montana, it is important to determine which licenses and permits you need from state and local authorities. Requirements vary depending on the type of business and where it operates. Montana's eStop Business Licenses Portal provides a centralized way to apply for and manage certain state business licenses and permits, while professional licenses and local business licenses may be handled by other agencies.
Montana does not have a general-use sales tax, so most businesses do not need a general sales tax license or seller's permit.
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Learn how to set up a business in other states
Check out other guides if you need more detailed information about different states. You can click the state you are interested in on our map or choose it from the list below.