Montana Certificate of Existence: What It Is and How to Get One

Whether to finance your Montana business or expand it into another state, you may need a certificate of existence, also known as a certificate of good standing or a certificate of status. You can request this document through the Montana Secretary of State (SOS).

Here’s everything you need to know, including how to order a certificate of existence, the cost, and what to do if your business doesn’t currently qualify.

What is a Montana certificate of existence?

A Montana certificate of existence is an official document from the Montana Secretary of State. It confirms a corporation or limited liability company (LLC) is legally registered, active, and current with state filing requirements, such as submitting an annual report.

Montana offers a certificate of existence to both domestic and foreign (out-of-state) businesses. You may need a certificate of existence to do one of the following things:

• Open a business bank account. Many banks require proof of active, compliant status before they'll open a commercial account.
• Apply for a business loan or financing. Lenders routinely check a business’ status with the state before approving a loan or line of credit.
• Register to do business in another state (foreign qualification). Many states require a certificate of existence to authorize an out-of-state business to operate within its borders.
• Complete a merger or acquisition. Buyers, sellers, and their attorneys typically require proof of active status from all entities before a deal closes.
• Apply for a business license. Some licensing agencies require a current certificate of existence before approving an application.

How to get a certificate of existence in Montana: Step-by-step

You can request a Montana certificate of existence through the Montana Secretary of State’s Online Business Services portal. Here’s what to do.

1. Confirm your business’ current status. Find your business entity in the Montana SOS’ Business Search database. If your business’ status appears as anything other than “active,” resolve the issue before moving forward.
2. Pull up your business’ records page. Click on your business’ name to open its entity profile.
3. Select “Request Information.” This link at the top of your entity profile will take you to a separate page where you can request certified copies/certificates, including a certificate of existence.
4. Fill in your personal information. Provide your name, email, and mailing address where the SOS can reach you for questions about your request, if needed.
5. Request a certificate of existence. Choose a certificate of existence from the list of request types.
6. Submit your request and pay the filing fee. It costs $5 to order a certificate of existence/authorization.
7. Download your completed certificate. Once the SOS processes your request, your certificate will be available for download. It will come with a unique ID that you or a third party can use to verify its authenticity.
8. Deliver the certificate to the requesting party. Keep one copy for your records and give another copy to the bank or government office that requested it.

What to do if you don’t qualify for a Montana certificate of existence

If your business’ status is inactive, there are several things you can do to resolve the issue.

1. Start by identifying the compliance issue. Log into your Montana Secretary of State online filing portal account and pull up your entity record. Your filing history should reflect any missed annual reports or gaps in registered agent service.
2. File any overdue annual reports. Montana corporations and LLCs must file an annual report to maintain active status with the Secretary of State. You can file online directly through the SOS’ online filing portal.
3. Update your registered agent if needed. Most Montana business entities need to maintain a registered agent with a physical address in the state. If your business doesn’t currently have a registered agent, appoint a new one and file the change with the SOS.
4. File for reinstatement if your entity was involuntarily dissolved. A Montana business that fails to file an annual report or update its registered agent information within 60 days of the change may face involuntary dissolution by the SOS. LLCs and corporations that’ve been involuntarily dissolved have up to five years to reinstate.
5. Wait for the SOS to update its records. Once you’ve corrected the filing issue, it could take the SOS a few business days to update your business’ status in its records.
6. Request the certificate of existence once your status is active. Double-check your business’ status with the SOS to help prevent a rejection.

How LegalZoom can help

LegalZoom’s compliance services can take a number of tasks off of your hands, from filing annual reports to serving as your registered agent. Our certificate of good standing service can help you acquire a certificate of existence. If your filing is rejected or incorrect due to our error, we'll correct it with the government agency at no additional cost to you.

If you need to resolve your business’ status first, our reinstatement management service will help you draw up a roadmap and manage ongoing compliance deadlines so you don’t fall out of good standing again.

Montana certificate of existence FAQs

How long is a Montana certificate of existence valid?

Montana doesn’t specify an expiration date for a certificate of existence, as the certificate reflects an entity's status at the moment it was issued. For this reason, requesting parties typically impose their own currency requirements, generally within 30, 60, or 90 days from the date it was issued. It’s best to confirm the required window with the requesting party before you order.

What does a Montana certificate of existence show?

A Montana certificate of existence, also known as a certificate of good standing, displays an entity's legal name, entity type, formation or registration date, and confirmation of its active status in Montana as of the issuance date.

Can a foreign entity registered in Montana get a certificate of existence?

Yes, foreign entities can also receive a certificate of existence through the process with the SOS explained above.

Can I request a Montana certificate of existence by mail or in person?

No, the Montana Secretary of State does not offer an option to request a certificate of existence by mail or in person. You can request a certificate of existence or authorization online through the Montana Secretary of State’s business filing portal.

How do I verify a Montana certificate of existence?

Third parties that need to verify a Montana certificate of existence can do so through the Secretary of State’s website. From the Business Services portal, go to the Verify Certificate page and enter the certificate ID into the search bar to confirm its authenticity.

What entity types can get a certificate of existence in Montana?

Montana issues certificates of existence to qualifying domestic and foreign LLCs, for-profit corporations, and nonprofit corporations registered with the Montana Secretary of State.

What is the difference between a certificate of existence and a certificate of authority in Montana?

A certificate of existence is an official document from the Montana Secretary of State that confirms an LLC or corporation is legally registered and active in Montana. A certificate of authority is a document that a foreign, or out-of-state, business can file with the Montana Secretary of State to request permission to operate in the state.

A foreign LLC or corporation that is already registered in Montana can request a certificate of existence from the SOS to confirm that the business is authorized to operate in Montana and up-to-date on required filings.

What happens if my Montana LLC is not in good standing? Can I still get the certificate?

No, the Montana Secretary of State won't issue a certificate of existence to an entity that is currently inactive. You would have to resolve the underlying compliance issue first (typically by filing any overdue annual reports and reinstating your business) and then reapply.