Montana corporations: How to form and maintain your Montana corporation

Should you form your corporation in Montana? We've collected the relevant information that will help you make this decision.

Pros

• Taxed as a partnership
• Low cost of living
• Low cost of doing business

Cons

• Air quality issues becoming increasing concern due to oil and gas drilling

Cost of doing business

• $70 filing fee / $20 periodic statement

Privacy

• Owner disclosure in periodic statement

Forming your corporation in Montana

The name
In order to communicate to the public that your new business is incorporated, its official name will need to end with one of the following signifiers (or a relevant abbreviation): “incorporated”, “Company”,  “corporation”. or “Limited”. In addition, it is required that the name of your business is not intentionally misleading to consumers, for any reason. Your company’s new name must also be completely unique, and not deceptively similar to any other organizations name or trademarks. Do a FREE name search now.

Board of directors requirements
You will need to form an official board of directors when incorporating in Montana. Here are the states explicit regulations regarding these directors:

• Required number of directors
  Montana corporations must have at least one director listed in their incorporation documents.
• Age restrictions
  Directors of corporations located in Montana can be of any age.
• Residence restrictions
  There are no residence restrictions imposed on the directors of C corporations in Montana. However, S corporations are only allowed to have directors located in the United States.
• What information needs to be included in the Articles of Incorporation?
  Montana does not require the names or addresses of directors to be disclosed in incorporation documents.

Requirements for the Articles of Incorporation

The Articles of Incorporation is a document that must be filed during the incorporation process in every state. Here is the information that must be included in this document when filing in Montana:

Stock information
Montana requires the number of initial shares outstanding, and their par value, to be disclosed during the incorporation process. The number of outstanding shares does not affect initial state filing fees.

Officer information
The state of Montana does not require officer information to be disclosed during the filing process.

Registered agent information
All Montana corporations must have a registered agent on file, and submit their name and address (which cannot be a PO box). This agent will be required to be accessible during standard business hours, and acts as the state’s point of contact with the company. Learn more about registered agents.

If your business is a professional practice
Professional service corporations are permitted to form under the professional corporation (PC) structure.

Corporate record keeping requirements

Corporations are required to keep formal documentation regarding several of their operations. These are the explicit record keeping formalities required by Montana:

• A copy of the Articles of Incorporation, bylaws, and their amendments
• The business address and names of all officers and directors
• Meeting minutes for all officer and director meetings.
• A copy of the corporation’s most recent annual report

Montana corporate taxation and fee requirements

There are several tax and fee requirements that must be addressed by corporations in Montana. They are as follows:

Taxation
All states have complex taxation requirements. For more information regarding taxes in Montana, it is advised that you visit the state’s official business related website. 

Annual report requirements
Corporations in Montana are required to file an annual report each year by April 15^th. The filing fee associated with this process is $15. Learn more about annual reports.

Tax identification numbers
Montana requires an EIN (employee identification number) for all corporations that will have employees, and most banks will require one to open accounts. Montana does not require corporations to obtain state tax ID numbers. Learn more about EINs.

Business license requirements

The business licenses and permits required in Montana vary wildly depending on the county or municipality in which your new corporation is located. If you would like to see more in-depth information on licenses and permits, please feel free to visit the content in our learning library that covers business licenses and permits.

S corporation election
Montana does not require a state-level S corp election, as they recognize any elections held at the federal level.

Need a Montana LLC instead? Click here.