Incorporating in Montana

For complete and current information concerning Montana corporations you should go to the Montana Secretary of State web site. The following is not an attempt to present all you need to know when forming a corporation in Montana but rather to call your attention to just some of the basic information and requirements you may want to know as you submit information to form your corporation.

The information herein is cited from the Montana Secretary of State web site and Montana Code Annotated - 2007. While we make every effort to ensure its accuracy, MaxFilings cannot and does not guarantee that all of the information is accurate or complete and/or current and it should therefore be independently verified.

Montana corporation name:

The name of a Montana corporation must contain the word "corporation", "incorporated", "company", or "limited"; or an abbreviation thereof; or words or abbreviations of similar meaning in another language. The name cannot contain business name identifiers, as defined in Montana law, or language that states or implies that the corporation is a business other than a corporation. The name cannot contain language that states or implies that the corporation is organized for a purpose or purposes other than those permitted by Montana law and the corporation’s articles of incorporation. Other than as may be authorized in Montana law, the name must be distinguishable upon the records of the secretary of state from the name of any other entity on file or reserved with the secretary of state.

Montana corporation board of directors:

Montana corporations must have a board of directors that consists of one or more individuals, with the number specified in, or fixed in accordance with, the articles of incorporation or bylaws. Directors need not be residents of Montana or shareholders of the corporation unless so required by the articles of incorporation or bylaws. The articles of incorporation or bylaws may prescribe qualifications for directors.

Montana corporation officers:

A Montana corporation shall have the officers described in its bylaws or appointed by the board of directors in accordance with the bylaws. If authorized by the bylaws or the board of directors, a duly appointed officer may appoint one or more officers or assistant officers. Either the corporation’s bylaws or the board of directors shall delegate to one of the officers responsibility for preparing minutes of the directors' and shareholders' meetings and for authenticating the corporation’s records. One person may simultaneously hold more than one office in a corporation.

Montana corporation shareholders’ and directors’ meetings:

Annual shareholders’ meetings shall be held at a time stated in, or fixed in accordance with, the bylaws. Annual shareholders' meetings may be held in or out of Montana, at the place stated in, or fixed in accordance with, the bylaws. If a place is not stated in, or fixed in accordance with, the bylaws, annual meetings shall be held at the principal office of the corporation. Shareholders of corporations with no more than 50 shareholders may, when permitted by the bylaws, participate in an annual shareholders’ meeting through a conference telephone or similar communication equipment whereby all persons participating in the meeting can hear each other at the same time.

Special shareholders meetings shall be held on the call of the board of directors or the person authorized to do so by the articles of incorporation or bylaws; or upon the demand of a sufficient number of shareholders as prescribed in Montana law. Special shareholders' meetings may be held in or out of Montana, at the place stated in, or fixed in accordance with, the bylaws. If a place is not stated in, or fixed in accordance with, the bylaws, special meetings shall be held at the principal office of the corporation. Shareholders of corporations with no more than 50 shareholders may, when permitted by the bylaws, participate in a special shareholders’ meeting through a conference telephone or similar communication equipment whereby all persons participating in the meeting can hear each other at the same time. In addition, Montana law sets forth circumstances under which the district court of the county where a corporation's principal office is located or, if the principal office is not located in Montana, the county where its registered office is located may summarily order a meeting to be held.

Regular or special board of directors’ meetings may be held in or out of Montana.

Montana taxes:

Visit the Montana Department of Revenue web site.

Montana Registered Agent:

Montana corporations are required to have a registered agent in Montana. By having MaxFilings provide you with a professional registered agent, you can be assured that all legal documents, tax documents, annual reports, and correspondence with the state and regulatory agencies will be handled promptly, professionally, and efficiently.

Start forming your corporation now:

If you’re ready to form a Montana corporation with MaxFilings, you can start entering your information now. You’re under no obligation, and there is no charge until you actually place your order.

Incorporate in Montana