File a DBA in Montana

Doing business under a different name requires a DBA application in most states. Find out more about DBAs in Montana, including details on how they can help your business, how to get one, and more.

What's your DBA name?

Trustpilot star rating bar
file a dba in montana

Contents

Updated on: June 13, 2024
Read time: 3 min

What is a DBA?

If the owners of a company want to do business using a name that is different from the original name used to form the business, they must register the secondary name. For sole proprietorships and partnerships the original name is the actual name of the owner or partners.

This secondary name doesn’t replace the original name but acts as an additional, legal name for the business. This name is known by several terms such as trade name, fictitious business name and assumed name. The process for filing this name is often called filing for DBA registration, or doing business as.

For example, if John Smith, owner of a sole proprietorship wants to do business as “Best Carpet Cleaner” rather than ‘John Smith’ then he has to file a DBA.  

When you need a DBA

Montana allows basically any domestic entity to file a DBA designation for purposes of doing business under a different name than the entity's true name. That said, Montana places limitations on what entities can do with that name.

For example, an entity that adopts an assumed business name or DBA cannot legally give consent to another entity to use that business name.

Filing for a DBA can be very useful, as it can help companies avoid legal liability, promote a cohesive branding strategy, and instill confidence in trading partners and banking institutions as to the legitimacy of the business entity in question.

Setting up a DBA in Montana

Generally speaking, Montana prohibits the filing for a DBA designation that is the same as or indistinguishable from a DBA designation already registered with the Secretary of State. Montana also prohibits the registration of a DBA name identical or substantially similar to any corporate name, limited partnership name, LLC, limited liability partnership name, trademark, or service mark registered or reserved with the Secretary of State.

Furthermore, one cannot submit a name that incorrectly attests to the type of entity that is in question, or incorrectly implies that it is a type of entity that it is not. The filer for a DBA designation in Montana should keep these considerations in mind when searching for the proper DBA business name.

Conduct a search to determine whether a DBA or business name is already in use.

Montana DBA filing & registration

DBA filers will need to provide certain information in order to apply for the DBA or assumed name, including the proposed assumed name itself, the type of business the entity transacts, the date the name was first used in commerce, the type of entity in question, and the business address of the entity. The assumed name will be good for five years, and after that point must be renewed with the Secretary of State.

Tax considerations

Getting a trade name registered by filing a DBA doesn’t change how your company is taxed.

When you are ready to get a DBA, LegalZoom can help. We can help you search for a business name, file the paperwork, register for a trademark, and even get you in touch with a business attorney to answer specific questions about your business.

What's your DBA name?Register my DBA
Twitter logoFacebook logoLinkedIn logoReddit logo

This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

24 days ago
Trustpilot star rating bar

10/10 customer service

Both Kathy and Princess made the process of filing my DBA incredibly easy and were able to walk me through the process the entire time. Both were incredibly kind and helpful and I'm so grateful to the LegalZoom team for being there to support me through any troubles I have with my small business!

Kate
63 days ago
Trustpilot star rating bar

Very helpful everyone I spoke with was…

Very helpful everyone I spoke with was very knowledgeable and pointed me in the right direction. My dba was filed swiftly and I was informed about the progress the entire time. Very happy with the results.

karl anderson
72 days ago
Trustpilot star rating bar

KIERVE has Excellent Customer Service

KIERVE was very knowledgeable and provided the information I requested with additional things to assist me with creating a new DBA. I appreciated how patient they were and ensured everything had processed to the next step before we signed off the chat. Excellent customer service!

Tenika Ashley
116 days ago
Trustpilot star rating bar

Customer Service exceeded my expectations.

After an initial dilemma with my DBA filing in California, a LegalZoom account executive took the reigns and made everything right by going above and beyond my expectations. Thank you LegalZoom!

Clinton Goodrich
201 days ago
Trustpilot star rating bar

Very helpful

I called in looking for help with my DBA and was able to complete setting it up effortlessly and got help with a few more items I didn’t even know I needed.

Kevin McCarthy
205 days ago
Trustpilot star rating bar

Joe was extraordinary

Joe was extraordinary! I called to add a DBA to my existing LLC, and he got straight to the point with exactly what I needed. He went above and beyond by taking the time to answer my questions thoroughly and even checked my account. He pointed out a couple of things for me to review, and if that wasn’t enough, he even sent me a screenshot so I knew exactly what he was referring to. Wow—what an asset to your company! Loyal customer here!

Juan Ferrer
Rated4.6out of 5 based on23,759+ reviewson

Showing our favorite reviews