Montana Articles of Organization: $35 Filing Fee (2026)
Montana Articles of Organization cost $35 to file with the Montana Secretary of State, and filing them is what legally creates the LLC. Optional expedited handling costs $20 for 24-hour or $100 for 1-hour processing. A federal EIN is free.
Quick Answer
- Document name
- Articles of Organization for Domestic LLC
- Filing fee
- $35
- Series LLC
- Additional $50 for each series member named
- Agency
- Montana Secretary of State, Business Services Division
- Expedited
- $20 for 24-hour, $100 for 1-hour processing
- Name reservation
- $10 (optional)
- Certificate of Existence
- $5
- Articles of Termination
- No fee
What Montana Articles of Organization Do
The Articles of Organization are the charter document of a Montana limited liability company. Until the Secretary of State accepts them, there is no LLC and no liability shield - only a person doing business in their own name. Once accepted, the LLC exists as a separate legal entity that can hold property, sign contracts, and be sued in its own name.
Montana files LLC formations through the Secretary of State's online business services portal. The articles are short: the LLC's name, its principal and mailing addresses, its registered agent, whether it is member-managed or manager-managed, and the organizer's signature.
Some states call this filing a certificate of formation or certificate of organization. Montana uses Articles of Organization, and it is the same document a bank or lender means when it asks to see your Montana certificate of formation.
The $35 Filing Fee and Expedite Options
The Montana Secretary of State's published business fee schedule sets the domestic LLC Articles of Organization fee at $35.00, plus $50.00 for each series member named in a series LLC. That $35 is the entire mandatory state charge to create an ordinary Montana LLC.
Montana sells speed separately. 24-hour processing costs $20 and 1-hour processing costs $100, added on top of the filing fee. Standard processing is free but takes longer. If a lender, landlord, or marketplace needs proof of the entity this week, the $20 upgrade is usually the better value than the $100 rush.
Two related optional fees matter for planning. Reserving a name in advance costs $10, and a Certificate of Existence - the document banks call a certificate of good standing - costs $5. Compare the total against other states with our how much an LLC costs guide and the Montana LLC cost page.
Montana LLC Fee Table (2026)
Every amount below comes from the Montana Secretary of State's official business fee schedule.
| Item | Fee | When |
|---|---|---|
| Articles of Organization (domestic LLC) | $35 | One-time, at formation |
| Each series member named (series LLC) | $50 | One-time, per series |
| 24-hour expedited processing | $20 | Optional |
| 1-hour expedited processing | $100 | Optional |
| Name reservation | $10 | Optional, before filing |
| Certificate of Existence | $5 | Optional, on request |
| Annual report filed after April 15 | $35 | Late filing |
| Articles of Termination | No fee | At close |
| Federal EIN | $0 | One-time |
Choosing the LLC Name
The name on the articles must be distinguishable from every other entity on file with the Montana Secretary of State and must carry an LLC designator. Search the register first through the Montana business entity search; a conflict discovered after submission means a rejected filing.
Distinguishable means more than slightly different. Adding "the," changing punctuation, or switching between "and" and an ampersand generally will not clear a conflict. If you need time to line up a website, bank, or trademark clearance, the $10 name reservation holds the name while you finish.
Business-name availability at the Secretary of State is not trademark clearance. State registration says no one else has that entity name in Montana; it says nothing about federal trademark rights. Run a separate search before you invest in signage or packaging - see our trademark guide.
Registered Agent and Management
Montana requires every LLC to maintain a registered agent with a physical Montana street address who can accept service of process during business hours. You may serve as your own agent if you have a Montana address, or hire a commercial agent - see Montana registered agent requirements.
The articles also ask whether the LLC is member-managed or manager-managed. Member-managed means the owners run it directly; manager-managed means authority is delegated to one or more managers, who may or may not be owners. Investors and passive owners usually want manager-managed. The detail belongs in your Montana operating agreement.
Annual Report Obligations
After formation, the recurring state obligation is the annual report. Montana's fee schedule shows the annual report fee waived when filed prior to April 15 and $35 when filed after April 15, so filing on time is genuinely free while filing late has a price.
Missing the report entirely puts the LLC out of good standing and eventually leads to involuntary dissolution. Because the on-time report costs nothing, there is no financial reason to skip it - the only cost is remembering. Set a recurring calendar reminder for early April. See Montana annual report for details.
Steps After the Articles Are Accepted
Apply for a federal EIN directly with the IRS. It is free, it is required to open a business bank account for a multi-member LLC or any LLC with employees, and no third party needs to be paid for it.
Adopt a written operating agreement, open a dedicated business bank account, and keep LLC money separate from personal money. Then check licensing: Montana has no single statewide general business license, but specific activities and municipalities impose their own requirements. See the national business license overview.
Federal and Montana Tax Treatment
Filing articles has no immediate federal tax effect. Under 26 CFR 301.7701-3, a single-member Montana LLC is a disregarded entity reported on Schedule C, and a multi-member LLC is a partnership filing Form 1065. Either way, profit passes through to the owners' returns.
Pass-through profit carries self-employment tax at 15.3% - 12.4% Social Security up to the annual wage base plus 2.9% Medicare with no cap. Owners with substantial profit sometimes file IRS Form 2553 for an S-corp election in Montana. See Montana LLC tax filing and single-member LLCs in Montana.
Frequently Asked Questions
How much are Montana Articles of Organization?
$35 for a domestic LLC, according to the Montana Secretary of State's business fee schedule. A series LLC pays an additional $50 for each series member named. Expedited processing is optional and costs $20 for 24-hour service or $100 for 1-hour service, added on top of the $35 filing fee.
How long does Montana take to approve an LLC?
Standard processing has no extra charge but no guaranteed turnaround. The Secretary of State sells two expedite levels: 24-hour processing for $20 and 1-hour processing for $100. If you have a bank, lease, or marketplace deadline, the 24-hour option is usually the practical choice.
Does Montana charge an annual report fee?
The Secretary of State's fee schedule shows the annual report fee waived when the report is filed prior to April 15, and $35 when filed after April 15. Filing on time therefore costs nothing. Failing to file at all puts the LLC out of good standing and can lead to involuntary dissolution.
Do I need a registered agent for a Montana LLC?
Yes. Every Montana LLC must continuously maintain a registered agent with a physical Montana street address who can accept service of process during business hours. You may act as your own agent if you have a Montana address; otherwise hire a commercial registered agent. A P.O. box alone does not satisfy the requirement.
What is the difference between articles of organization and a certificate of formation?
They are the same kind of document under different state names. Montana uses Articles of Organization; states such as Delaware and Texas use Certificate of Formation. Both create the LLC and both are what a bank means when it asks for your formation document. The stamped filing is your proof of existence.
How much does it cost to close a Montana LLC?
The Montana Secretary of State's fee schedule lists Articles of Termination with no fee. You should still settle debts, file final federal and state tax returns, and formally wind up under your operating agreement before terminating, because terminating does not by itself extinguish the LLC's obligations.
Related
- How to form an LLC in Montana
- Montana LLC cost
- Montana annual report
- Montana registered agent
- Montana operating agreement
- Single-member LLC in Montana
- How to dissolve an LLC in Montana
- How to form an LLC
- How to get an EIN
- S-corp vs LLC
- Business license overview
- Registered agent requirements
Sources
- Montana Secretary of State - Business Services Fee Schedule (Articles of Organization $35; series member $50; 24-hour $20; 1-hour $100; name reservation $10; Certificate of Existence $5; annual report waived before April 15, $35 after; Articles of Termination no fee).
- Montana Secretary of State - Business Forms (domestic LLC filing forms and online portal).
- IRS - Limited Liability Company (LLC) (federal default tax classification).
- IRS - Single Member Limited Liability Companies (disregarded entity treatment).
- IRS - Get an Employer Identification Number (EIN is free).
- IRS - About Form SS-4 (EIN application).
- IRS - Self-Employment Tax (15.3% combined rate; $400 filing threshold).
- IRS - About Form 2553 (S corporation election).
- Legal Information Institute (Cornell) - 26 CFR 301.7701-3 (entity classification election).
- Legal Information Institute (Cornell) - 26 U.S.C. 1402 (net earnings from self-employment).
LegalGlass provides general information for educational purposes and is not legal advice, is not a law firm, and is not a substitute for advice from a licensed attorney or tax professional. Laws, fees, and thresholds change; verify current amounts with the Montana Secretary of State, Business Services Division before acting.