Business Alerts
Requires Business Mailing Address on Most Forms
This law specifically requires a business mailing address. (30-13-203, MCA {Not yet integrated} - SB 63 ). Effective 10/1/2011
Limited Liability Partnerships Requirements
The Limited Liability Partnerships requirements for filing have been moved to Title 35, Chapter 10, Part 7, MCA, while removing the references under Title 30, Chapter 13, MCA.
The proposed limited liability partnership name may not be the same as or indistinguishable on the record from an assumed business name already registered or from any corporate name, limited partnership name, limited liability company name, limited liability partnership name, trademark, or service mark registered or reserved (35-12-502, MCA {Not yet integrated} - SB 63 ). Effective 10/1/2011
Limited Partnership Act Adoption
This law adopts a form of the model Limited Partnership Act, as well as making provisions for conversions and mergers. (35-12-502, MCA {Not yet integrated} - HB 535). Effective 10/1/2011
Limited Liability Company and Department of Revenue Certificate
When reinstating a Limited Liability Company if it is only a “single member” Limited Liability Company that is not taxed as a corporation then options have changed on the Limited Liability Company Reinstatement form. If the box is checked, stating the LLC was not taxed as a corporation, then a certificate from Revenue is NOT required (35-8-912, MCA {Not yet integrated} - SB 429). Effective 5/6/11.
Assumed Business Name Contests
Allows filing of name contests against Assumed Business Names. (30-13-202, MCA {Not yet integrated} - HB 428 ). Effective 3/25/2011
Electricity Buying Cooperatives Act Repealed
Repeals Electricity Buying Cooperatives Act. (35-19-311, MCA {Not yet integrated} - HB 169 ). Effective 3/25/2011
Annual Reports for Close Corporations That Operate Without a Board of Directors
If a corporation operates without a board of directors, the annual report must set forth the name(s) of shareholder(s) instead (35-1-1104, MCA). Effective 3/19/2010
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). Effective 3/19/2010
Annual Reports Require Street Addresses for Members and Managers
A street address is required for all members and managers listed on the Annual Report for a Limited Liability Company (35-8-208, MCA). Effective 9/25/2009.
Registered Agent
In accordance with MCA 35-7-105 Appointment of Registered Agent, prior to authorizing a registered agent to act on your behalf, you must have permission from the registered agent .
Filing Forms
Please note that business documents on file with the Secretary of State are public record subject to public access and disclosure. Therefore, 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 . They are not required for filing your organizational documents. Inclusion of an SSN may result in the document being returned to you for removal of that information.
Reflect the business address for persons stated within your business filings rather than a residence address.
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