Archive | Doing Business in Montana

Administrative Requirements of Montana Corporations

Your Montana corporation must file certain documents with the Montana Secretary of State, Corporations Division, including: articles of incorporation annual returns notices of any changes in the board of directors notices of any changes in the address of the registered office articles of amendment if changes to the structure of the corporation are made. Your […]

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Montana LLC Articles of Organization

If you want to form your own Montana limited liability company (LLC), one of the first formal steps you’ll need to take is to file articles of organization with the Montana Secretary of State, Corporations Division. While there are variations among the states, each of the following pieces of information commonly must be included in […]

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Montana Corporations 101

Most people have heard that forming a new Montana corporation provides “limited liability” — that is, it limits your personal liability for business debts. What you may not know is that there’s more to creating and running a corporation than filing a few papers. You’ll need to keep good records to handle the more complicated […]

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Montana LLC Operating Agreement

An LLC (limited liability company) operating agreement allows you to structure your financial and working relationships with your co-owners in a way that suits your business. In your operating agreement, you and your co-owners establish each owner’s percentage of ownership in the LLC, his or her share of profits (or losses), his or her rights […]

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Montana LLC Articles of Organization

If you want to form your own Montana limited liability company (LLC), one of the first formal steps you’ll need to take is to file articles of organization with the Montana Secretary of State, Corporations Division. While there are variations among the states, each of the following pieces of information commonly must be included in […]

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Checklist for Forming a Corporation in Montana  

Montana  Incorporation and company registration. Contact the Montana  Secretary of State to determine if the proposed corporate name is available for registration. The proposed name of your corporation must be “distinguishable upon the records” of the secretary of state. A name is not considered to be distinguishable from another name if the only difference is: […]

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What are the principal advantages and disadvantages of using an S-corporation?

An S-corporation is generally treated as a flow-through entity for federal income tax purposes; that is, income and losses of the S-corporation are reported on the shareholders’ personal income tax returns. Thus, the chief advantage of an S-corporation is the ability to generally eliminate the federal entity-level income tax while using the corporate form of […]

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What is a C-corporation and what are the principal advantages and disadvantages of using one?

A C-corporation is typically a business organized as a corporation under state law and is subject to federal income tax under subchapter C of the Internal Revenue Code. A C-corporation is subject to federal corporate income tax on its taxable income, and its shareholders are subject to federal income tax on any dividends at a […]

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Starting a Business in Montana: Choosing and Starting a Form of Business

There are a number of legal structures or legal forms under which a business can operate in the State of Montana, including the sole proprietorship, partnership, limited liability company, and corporation. These basic structures have important legal and tax variants. For example, the partnership form has spawned the limited partnership and the registered limited liability […]

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