Is an operating agreement required for a Montana LLC?
No. Montana does not legally require an LLC to have an operating agreement, and you do not file one with the state. However, it is strongly recommended, because a written agreement controls how the LLC is run and overrides the default rules in the Montana LLC Act.
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 31 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 |
|---|---|
| Alaska | While Alaska Statutes Title 10, Chapter 50 does not explicitly mandate an operating agreement, it is highly recommended. The statutes refer to an 'agreement of the members' and provide default rules that apply if no agreement exists. |
| Arizona | No. Arizona law does not require an LLC to adopt an operating agreement. |
| Arkansas | No, Arkansas law does not explicitly require an LLC to have an operating agreement. However, it is strongly recommended for all LLCs, even single-member ones, to establish internal rules and protect the limited liability status. |
| California | Yes. Under the California Revised Uniform Limited Liability Company Act, an LLC has an operating agreement, which may be oral, in a record, or implied by conduct. |
| Colorado | No. Colorado law does not require an LLC to adopt an operating agreement, and one is never filed with the Colorado Secretary of State. |
| Delaware | Delaware law (6 Del. C. |
| Florida | No. Florida law does not require an LLC to have an operating agreement, and you do not file one with the state. |
| Georgia | No. Georgia law does not require an LLC to adopt an operating agreement, and you do not file one with the state. |
| Indiana | No. Indiana law does not require an LLC to adopt an operating agreement, and you never file one with the state. |
| Iowa | No. Iowa law does not require an LLC to have an operating agreement, and you do not file it with the state. |
| Kentucky | No. Kentucky does not require an LLC to have an operating agreement, and you never file it with the state. |
| Maine | No. Maine does not require you to file an operating agreement, and the Secretary of State does not collect one. |
| Michigan | No. The Michigan Limited Liability Company Act does not require an LLC to adopt an operating agreement. |
| Minnesota | No. Minnesota law does not require an LLC to adopt an operating agreement. |
| Mississippi | No. Mississippi law does not require an LLC to have an operating agreement, and you do not file one with the Secretary of State. |
| Missouri | Yes. Missouri is one of the few states that requires one by statute. |
| Nebraska | No. Nebraska law does not require an LLC to have an operating agreement, and you never file one with the Secretary of State. |
| New Jersey | New Jersey does not legally require an LLC to have a written operating agreement. However, the Revised Uniform Limited Liability Company Act (N.J.S.A. |
| New York | Yes. New York is one of the few states that requires it. |
| North Carolina | No. North Carolina does not legally require an LLC to have an operating agreement, and you do not file one with the Secretary of State. |
| North Dakota | No. North Dakota law does not require an LLC to adopt a written operating agreement. |
| Ohio | No. Ohio does not legally require an LLC to have an operating agreement, and you do not file one with the state. |
| Oklahoma | No. Oklahoma law does not require an LLC to adopt an operating agreement. |
| Oregon | No. Oregon does not legally require an LLC to have an operating agreement, and you never file one with the Secretary of State. |
| Pennsylvania | No. Pennsylvania law does not require an LLC to adopt an operating agreement, and you do not file one with the Department of State. |
| South Carolina | No. South Carolina law does not require an LLC to have an operating agreement, and you do not file one with the state. |
| South Dakota | No. South Dakota law does not require an LLC to have an operating agreement, and the Secretary of State does not collect or file one. |
| Virginia | No. Virginia law does not require an LLC to adopt an operating agreement. |
| Washington | No. Washington law does not require an LLC to have an operating agreement, and you never file one with the Secretary of State. |
| West Virginia | No. West Virginia does not require an LLC to adopt an operating agreement, and the Secretary of State will form the company without one. |
| Wisconsin | No. Wisconsin does not require an LLC to have an operating agreement. |
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/
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