MT Corporation Filing Fees and Requirements

How Much Does It Cost to Form an MT Corporation?

Legal business registration — and maintaining business compliance — involves necessary expenses and investment. Some of these costs are payable to the MT Sec State, while others are due to additional state entities or the federal government. Here are some common requirements and fees.

Please note that fees for a State of Montana business license or permit may be due when you first form your business, on an ongoing schedule or on an ad hoc basis. Find more details below.

Initial Montana Corporation Filing Fees

When starting a business in Montana State, you’ll need to file a form and pay a filing fee. Here are the current Montana corporation filing fees and times:

When you use Incfile to register a business in Montana, we charge you the state filing fee and forward it to the Secretary of State when we file your incorporation paperwork.

Employer Identification Number

Every corporation in the country should have a unique EIN (Employer Identification Number) from the Internal Revenue Service. You'll use your EIN when you open a business bank account, file taxes and pay employees. You can get one directly from the IRS, or Incfile can get one for you.

Foreign Corporations

If you want to do business in a state other than the one where your business is based, you must create a Foreign Corporation.

Montana Foreign Corporation Registration

Before you can bring an arm of your business from another state into Montana, you must request Montana Foreign Qualification. This means the state gives you permission to conduct business there.

To request registration of a Montana Foreign Corporation, you must complete a Foreign Registration Statement and pay a filing fee of $70. The state may have additional registration requirements, so contact the Montana Secretary of State directly for more information and to ensure you're in compliance with MT corporation law.

Foreign Qualification to Operate in Another State

If you plan to expand your Montana corporation into another state, you’ll first need Foreign Qualification or a Certificate of Authority from that state. This is necessary before you can create a physical presence, hire employees or bank in that state.

You'll likely have to complete at least one application and pay a filing fee, but each state has its own requirements. Before you start the process, compare state filing times and state filing fees so you can plan accordingly.

Above all, contact the state government entity that administers business (usually the Secretary of State) to confirm their requirements and for specific instructions.

If you need assistance, Incfile provides a complete Foreign Qualification service for all states.

Montana Annual Report Requirements

Most states require business entities to file an annual (or other periodic) report. Montana requires an annual report to be filed once a year with the MT Sec State.

To complete your annual report, you must do so online using the state's business portal. You'll search for your business name and complete the report accompanied with a filing fee of $20.

State of Montana Business License and Permit Requirements

Before you start doing business, you must secure the necessary state, federal or local business licenses and permits to operate your corporation. Some of the fees will only need to be paid once, while others may be ongoing charges.

Permits and licenses vary based on:

Corporate Bylaws

You are required to have Montana corporation bylaws if you form a corporation in the state. You don't need to file them with the Montana Secretary of State, but make sure you have them with your business documents and by all means, continue to follow them.

The bylaws must then be adopted (and amended, if necessary) by the board of directors and shareholders.

Drafting a set of bylaws can be extremely helpful in making sure you’re organized and can help protect your business from any future changes and events that may affect your business.

Other MT Corporation Filing Requirements and Fees

The State of Montana requires you to complete a few more tasks before you can begin conducting business.

Appoint a Director

Some states require corporations to appoint a full board of directors. MT corporation law requires all corporations to have a board of directors that consists of at least one director.

Appoint Officers

In Montana, the board of directors may elect several officers, but one officer must hold the responsibility of maintaining and authenticating the records of the corporation required to be kept.

Issue Stock to Shareholders

To raise business capital and keep it separate from company owners' money, every Montana corporation must sell stock to its shareholders. The Articles of Incorporation must authorize the sale of at least one class of share, and the corporation cannot sell more shares than are authorized.

Hold Annual Meetings

In Montana it is required to hold an annual shareholder meeting. However, if you fail to do so, the Montana Business Corporation Act Part 7, § 35-14-701 states, "The failure to hold an annual meeting at the time stated in or fixed in accordance with a corporation's bylaws does not affect the validity of any corporate action."

Get an Assumed Name or DBA

If you want to register a Montana DBA (assumed name), you must file a Registration of Assumed Business Name form with the Secretary of State and pay a filing fee of $20.

Change the Registered Agent

If your corporation is based in Montana, then you must have a Registered Agent in the state. You'll need to appoint one when you file your Articles of Incorporation. You can also change to a new Registered Agent later by updating the information in your Montana online portal account. There is no fee to make this change.

Reserving a Name for Your Corporation

If you're not quite ready to start your business, you can reserve a name for 120 days with the Secretary of State by filing a Reservation of Name via Montana's online portal and paying a fee of $10. First, conduct an MT corporation search and learn the state's business naming rules to ensure you choose a name that meets legal requirements.

Amending Facts About Your Corporation

When you incorporate, the Montana business forms you fill out include certain facts about your business at that time. Through the years, some or all of this information may change. If it does, you'll need to file Articles of Amendment by using Montana's online portal and paying a filing fee of $15. You can do this yourself or Incfile can do it for you.

Get a Certificate of Good Standing

Some organizations may request that you prove your corporation's compliance with laws and tax requirements. In most states, this proof is provided with a Certificate of Good Standing. In this state, it's a Certificate of Existence.

If you need to prove you have met your commitments, you’ll need to request an MT Certificate of Existence from the Secretary of State. There is a fee of $5 for a Certificate of Existence.

The information listed above details many of the fees a standard corporation will be required to pay in Montana. In some circumstances, there may be other one-off, periodic or ad hoc fees not listed above.

Of course, your corporation will also probably need to pay federal, state, self-employment (if it's an S Corp) and other taxes. You'll find more information on the Montana taxes page.