Business Alerts

Business Alerts

Administrative Rule Updates:

Annual Reports

When filing an annual report for a Close Corporation operating without a board of directors the annual report must set forth the name(s) of each shareholder(s) (35-1-1104, MCA).

Assumed Business Names Cannot Consent To Use of the Name

Assumed Business Names cannot legally give consent to another entity for use of an assumed business name (30-13-202, MCA).

Registered Agent

In accordance with 35-7-105, MCA, Appointment of Registered Agent, prior to authorizing a registered agent to act on your behalf, you must have permission from the registered agent.

Business Filing Forms

Business documents on file with the Secretary of State are public records subject to public access and disclosure. To retain a measure of privacy for individuals reflected within your business documents, we recommend the following:

  • Do not provide Tax Identification Numbers/Social Security Numbers or other personal information. This information is not required for filing your organizational documents. Inclusion of an SSN will result in the information being redacted from our records.
  • Reflect the business mailing address for individuals stated within your business document rather than a residence address.
  • Do not provide tax information or other personal documents related to individuals.

2015 Legislation

SB35, Eliminates the requirement of a foreign business proving a certificate of existence from its state of jurisdiction with it charter documents. The foreign entity must have a statement noting they have complied with the organizational laws in the jurisdiction in which they are organized.

SB36, Provides authority for Foreign Limited Partnerships to amend their certificate of authority filed with the Secretary of State’s office.

SB 41, Removes the “date of first use” requirement for Assumed Business Names and Limited Liability Partnerships, clarifies “name contest” requirements and establishes authority for Foreign Series Limited Liability Companies to obtain a Certificate of Authority in Montana.

SB307, Clarifies on the record when a business is tribally owned.

HB63, Revises licensing requirements for Professional Engineers and Professional Land Surveyors that may be filed with the Secretary of State as professional companies.

HB258, Establishes Benefit Corporations as an entity type in Montana.

HB522, Allows for Farm Mutual Insurer mergers and bulk assumption agreements.

HB536, Revises Captive Insurance Laws and allows political subdivisions.

HB537, Revises laws to allow Limited Liability Companies to transact business as a Captive Insurance Company.