Do I file my Montana operating agreement with the state?
No. The operating agreement is an internal document. You do not file it with the Montana Secretary of State, and it is not part of the public record. You keep it with your LLC's records and provide it to banks or partners when needed.
Quick facts
- Required?
- No - not legally mandated in Montana, but strongly recommended
- Filed with state?
- No - it is an internal document, not filed with the Secretary of State
- Governing law
- Montana Limited Liability Company Act (MCA Title 35, Chapter 8)
- Management
- States whether the LLC is member-managed or manager-managed
- Applies to
- Both single-member and multi-member LLCs
- Effect
- Overrides the Act's default rules where the members agree otherwise
The same question in every other state
This requirement is set at state level, so the answer changes when you cross a state line. Below is how 17 other states answer the same question, each linked to the page that cites the agency it came from. The full breakdown is on How to Form an LLC.
| State | Answer |
|---|---|
| Arizona | No. The operating agreement is an internal document kept with your business records. |
| Arkansas | No, an Arkansas LLC operating agreement is an internal document and is not filed with the Arkansas Secretary of State or any other state agency. It should be kept with the LLC's records. |
| Colorado | No. The operating agreement is an internal document that you keep with your business records. |
| Connecticut | No. You file only the Certificate of Organization ($120) with the Connecticut Secretary of the State to create the LLC. |
| Iowa | No. The operating agreement is an internal document kept with your company records. |
| Maine | No. The operating agreement is a private, internal document that you keep with your company records. |
| Maryland | No. An operating agreement is an internal document kept in your company records. |
| Minnesota | No. The operating agreement is an internal document kept with your business records. |
| Missouri | No. The operating agreement is an internal document you keep with your business records. |
| New Hampshire | No. The operating agreement is an internal document. |
| Ohio | No. The operating agreement is an internal document kept with your company records. |
| Oklahoma | No. The operating agreement is an internal document kept with your business records. |
| Pennsylvania | No. The operating agreement is a private, internal contract among the members. |
| Utah | No. You file only the Certificate of Organization ($59) with the Utah Division of Corporations & Commercial Code to create the LLC. |
| Virginia | No. An operating agreement is an internal document. |
| Washington | No. The operating agreement is an internal document kept in your company records. |
| Wisconsin | No. The operating agreement is an internal document you keep with your business records. |
Full context for Montana
This page answers one question. The complete Montana guide -- covering the surrounding requirements, the forms, the agency, and what happens if you get it wrong -- is at Montana LLC Operating Agreement (2026).
Sources
- https://sosmt.gov/business/
- https://leg.mt.gov/bills/mca/title_0350/chapter_0080/parts_index.html
- https://law.justia.com/codes/montana/title-35/chapter-8/
- https://www.irs.gov/businesses/small-businesses-self-employed/limited-liability-company-llc
- https://mtrevenue.gov/taxes/
LegalGlass provides general information for educational purposes and is not a law firm or a substitute for advice from a licensed attorney or tax professional. Laws and fees change; verify current requirements with the relevant government agency before acting.