About Registered Agents
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In 2007, the Montana Legislature passed the Model Registered Agent Act (MORAA), which is codified in Title 35, chapter 7, MCA. The purpose of the Act was to standardize and simplify the filing requirements for registered agents. A registered agent’s primary purpose is to accept service of process on behalf of the entities it represents. Over time, it has become common for business entities to use as their registered agents businesses whose principal activity is the provision of registered agent services.
One of the purposes of the Act was to define a Commercial Registered Agent as distinct from a Noncommercial Registered Agent and to require a Commercial Registered Agent to file a listing statement with the Secretary of State.
A Commercial Registered Agent is an individual or a domestic or foreign entity that is in the business of serving as a registered agent in the State of Montana.
An entity registered with the Secretary of State as a registered agent must maintain an active good standing status and an address within the State of Montana whether as a Commercial or Noncommercial Registered Agent. A business entity cannot serve as its own registered agent.
In compliance with 35-7-105, MCA, appointment of a registered agent is an affirmation by the represented entity that the agent has consented to serve as their registered agent.