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Form a Montana DBA



Looking for a quick, painless way to file your Doing Business As (DBA) statement? You've come to the right place. LegalZoom takes the hassle out of the process. Use your DBA to open bank accounts and conduct business with your official business name. Sometimes called a fictitious business name, a DBA helps further establish your business and take you to that next level. Get started today!



MONTANA STATUTORY GUIDELINES

LegalZoom.com customizes your legal DBA filing to comply with local requirements, no matter where you live. However, if you're interested in the specifics, they are listed below.

When filing a DBA in Montana, one cannot file a name that is the same as or not distinguishable on the record from a DBA already registered or from any corporate name, limited partnership name, LLC name, limited liability partnership name, trademark, or service mark registered or reserved with the Secretary of State. In addition, one cannot submit a name that incorrectly states the type of entity that it is or incorrectly implies that it is a type of entity other than the type of entity that it is. No foreign corporation or foreign limited partnership which does not have an effective certificate of authority or certificate of registration to transact business in this state may register a DBA as provided for in this part. If one conducts business transactions without a certificate, that person may not maintain any suit or action in any of the courts of this state under such name.

The application for registration must set forth the name and address, including the street name and number, of applicant, the complete name of the proposed DBA, the date of first use, in commerce, of the proposed DBA, and a description of business transacted under the proposed DBA. One (1) original and one (1) copy of the application for registration of a DBA must be executed and delivered to the Secretary of State.

A DBA in Montana expires in five (5) years, and an application for renewal of registration of a DBA must be executed and delivered to the Secretary of State within a ninety (90) day period before the expiration date. The application must include but is not limited to the complete DBA, the name and address, including street name and number, if any, of the applicant, and a description of business transacted. If a limited liability partnership fails to file an application for renewal, the Secretary of State must cancel the registration and the partnership is no longer a limited liability partnership. An amendment must be filed with the Secretary of State within one (1) year after there is a change in the name or identity of the person or persons transacting or having interest in the business. An amendment is also required if there is a change in the description of the business transacted, or a person having an interest in the business withdraws from the business or dies. If the registrant wishes to change the name of a registered DBA, an amendment is also necessary. When wishes to cancel the registration, the registrant must deliver to the Secretary of State an executed and notarized original affidavit of cancellation which must include the complete name of the registered DBA to be canceled, and the name and address (including the street name and number, if any, of the registrant of record). Concerning the dissolution of domestic corporation (and subsequent cancellation), if the only party of interest of a DBA is a domestic corporation which has been dissolved, the Secretary of State must cancel the registration, and if the only party of interest of a DBA is a foreign corporation whose authority to transact business in this state has been withdrawn or revoked, the Secretary of State must cancel the registration.