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FAQ: Frequently Asked Questions For Montana
Name Endings
1. Can I use my name as my corporation name?
If a name is natural person it must use a designator like Incorporated or Inc at the end of the name.
2. Can I use BANK as my corporation name?
If the name implies banking, trust, or insurance, prior approval of the banking superintendent or
insurance commissioner is needed.
Article Requirements
1. Are Officers required to be listed on the Articles of Incorporation?
No, not for corporations. However Directors are required for corporations and Managers and or
Members are required for an LLC.
2. What is the difference between a Manager and a Member for an LLC?
You can only list one or the other on your articles of organization. Managers are employees of the
company and members are owners. A Manager may be an owner.
3. Who is the Incorporator or Organizer?
IncSmart.biz and the filers are the Incorporators and Organizers for your new entity. It is the person
that completes and signs the articles and submits them to the Secretary of State. The Incorporator's
and Organizer's duties and title end after filing.
Taxes and Fees
1. Does Montana have annual fees and reports?
Montana reports are due before April 14th every year.
2. Will Montana need a vehicle Inspection?
Montana does not inspect vehicles. You don't even need to drive your vehicle in-state at any point
during or after the registration process.
3. Do I need to purchase my vehicle in Montana?
No, you can purchase your vehicle anywhere in the country. Once your Montana LLC is established,
your vehicle purchase will only be subject to Montana law and jurisdiction. Thus, you can purchase
your vehicle anywhere and still benefit from registering in Montana.
4. What if I have already purchased my vehicle?
You can register vehicles you already own under your Montana LLC. However, if you have a lien
against your vehicle, you'll need to contact your lien holder to have the note written in the name of your
Montana LLC.
5. Do I need to pay taxes in my home state?
No, your home state can't make you pay sales tax since you don't personally own the vehicle. Your
Montana LLC owns the vehicle. Since Montana has no sales tax, you don't have to pay!
6. Should I register my tow vehicle as well?
Yes, in fact we recommend that you register both vehicles in Montana as you're less likely to be
stopped if your license plates match.
Compliance Requirements
1. Will Montana require me to have a local bank account?
Montana does not require a local bank account to run your business from the state.
2. Does a Montana S Corporation have any benefits?
There is no income tax in Montana so S Corporation elections have no state impact.
Filing Process
1. What is the process to file a new company in Montana?
The Montana Secretary of State averages around three (3) weeks to file new articles. They also have
an expedite service that can reduce your time to less than 1 week.
Montana Order Forms
1. Montana Corporations
2. Montana Limited Liability Companies
3. Montana Doing Business As (DBA)
4. Montana UCC Statement
5. Montana Foreign Qualification
6. Montana Mail Forwarding Service
7. Montana Bookkeeping Service
8. Montana Amendment
1. Can I use my name as my corporation name?
If a name is natural person it must use a designator like Incorporated or Inc at the end of the name.
2. Can I use BANK as my corporation name?
If the name implies banking, trust, or insurance, prior approval of the banking superintendent or
insurance commissioner is needed.
Article Requirements
1. Are Officers required to be listed on the Articles of Incorporation?
No, not for corporations. However Directors are required for corporations and Managers and or
Members are required for an LLC.
2. What is the difference between a Manager and a Member for an LLC?
You can only list one or the other on your articles of organization. Managers are employees of the
company and members are owners. A Manager may be an owner.
3. Who is the Incorporator or Organizer?
IncSmart.biz and the filers are the Incorporators and Organizers for your new entity. It is the person
that completes and signs the articles and submits them to the Secretary of State. The Incorporator's
and Organizer's duties and title end after filing.
Taxes and Fees
1. Does Montana have annual fees and reports?
Montana reports are due before April 14th every year.
2. Will Montana need a vehicle Inspection?
Montana does not inspect vehicles. You don't even need to drive your vehicle in-state at any point
during or after the registration process.
3. Do I need to purchase my vehicle in Montana?
No, you can purchase your vehicle anywhere in the country. Once your Montana LLC is established,
your vehicle purchase will only be subject to Montana law and jurisdiction. Thus, you can purchase
your vehicle anywhere and still benefit from registering in Montana.
4. What if I have already purchased my vehicle?
You can register vehicles you already own under your Montana LLC. However, if you have a lien
against your vehicle, you'll need to contact your lien holder to have the note written in the name of your
Montana LLC.
5. Do I need to pay taxes in my home state?
No, your home state can't make you pay sales tax since you don't personally own the vehicle. Your
Montana LLC owns the vehicle. Since Montana has no sales tax, you don't have to pay!
6. Should I register my tow vehicle as well?
Yes, in fact we recommend that you register both vehicles in Montana as you're less likely to be
stopped if your license plates match.
Compliance Requirements
1. Will Montana require me to have a local bank account?
Montana does not require a local bank account to run your business from the state.
2. Does a Montana S Corporation have any benefits?
There is no income tax in Montana so S Corporation elections have no state impact.
Filing Process
1. What is the process to file a new company in Montana?
- Choose a Name for your LLC or Corporation
- File your Articles with the Montana Secretary of State
- Order your Tax ID Number if you have a business
- Order your State Business License
- Receive copy of documents by email and originals by US Post
- Open a business checking account
The Montana Secretary of State averages around three (3) weeks to file new articles. They also have
an expedite service that can reduce your time to less than 1 week.
Montana Order Forms
1. Montana Corporations
2. Montana Limited Liability Companies
3. Montana Doing Business As (DBA)
4. Montana UCC Statement
5. Montana Foreign Qualification
6. Montana Mail Forwarding Service
7. Montana Bookkeeping Service
8. Montana Amendment
| Disclaimer: Please note that IncSmart is not a law firm or an accounting firm. If you seek legal or tax advice, we recommend that you hire an attorney or a CPA. LINKS |
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