A registered agent serves as the official point of contact between your business and the state. Montana requires every business entity to list a registered agent when they file formation documents with the Secretary of State (SOS), and all formally registered businesses must maintain a registered agent to stay in good standing.
What is a Montana registered agent?
Montana Code defines a registered agent as an individual or business entity that has agreed to receive legal documents and official correspondence on behalf of a Montana business entity (e.g. a corporation or LLC). Agents can be commercial or noncommercial.
Montana registered agent roles and requirements
Whether a professional or an individual, all agents must meet Montana requirements:
- Have a physical street address in Montana (not a P.O. box)
- Consent to being the business’ registered agent (if an individual)
- Register with the Secretary of State (if a commercial agent)
- Be available to receive service of process (legal documents) and court notices on behalf of the business
- Forward these documents to to the business in a timely manner
- Keep their information (e.g. name and address) updated with the Secretary of State
Can I be my own registered agent in Montana?
Yes, you can serve as your own registered agent in Montana as long as you meet state requirements. But, there are a few things to consider before deciding to do it yourself.
| Pros of being your own agent | Cons of being your own agent |
|---|---|
| No additional cost | Must be available at the registered office to receive legal and official notices |
| Direct control over documents | Office address becomes public record |
| Immediate access to legal notices | Risk of missing important documents when traveling or unavailable |
| No third-party dependency | May appear less professional |
| Risk of being served a lawsuit at your office |
When being your own agent makes sense
- You have a dedicated business office in Montana.
- Someone is always available during normal business hours.
- You don't mind if your office address is public record.
- You have systems in place to handle and track important legal documents.
When to consider a commercial agent
- You work from home and value privacy.
- You travel frequently or don't maintain regular office hours.
- You want professional document handling and scanning services.
- You plan to expand to multiple states and want a single service provider for all your locations.
How do I appoint a Montana registered agent for an LLC or corporation?
You appoint your registered agent when you form your business with the Montana Secretary of State. However, the process varies slightly depending on your business structure.
- For a domestic limited liability company (LLC): File articles of organization and pay a $35 filing fee. Include your registered agent's name and their Montana address.
- For a foreign LLC: File a certificate of authority with your registered agent’s information and pay the $70 filing fee.
- For a domestic corporation: Submit articles of incorporation with your registered agent’s name and address and a $35 filing fee.
- For a foreign corporation: Complete the registration statement for a foreign corporation, include your registered agent’s information, and pay a $70 filing fee.
- For a nonprofit: File articles of incorporation for a nonprofit (or certificate of authority if a foreign NPO), fill in your registered agent’s information, and pay the $20 filing fee.
Currently, the Montana Secretary of State only allows you to file these documents online. You’ll receive an email when the SOS has processed your application with a link to access your approved documents.
How do I change my Montana registered agent?
Similar to the registration process, you can change your registered agent through the Secretary of State’s online portal.
- Login to your Biz account and click “Search”
- Look for your business entity using your registration number or business name
- Select “registered agent/office change by entity”
- Complete the form with your new registered agent's information
If you are changing your registered agent to LegalZoom’s service, we will take care of the paperwork for you.
Why should you hire a Montana registered agent?
Besides access to the additional services that they may offer, many businesses choose to work with a professional registered agent for the peace of mind that comes with expertise. Here’s what a pro can offer:
- Enhanced privacy. Professional services provide a business address that’s not your personal or professional address. Plus you’ll get confidential handling of sensitive legal documents and protection from unwanted visitors or process servers at your place of business.
- Reliable compliance. You’ll have access to automated reminders for important deadlines, expert knowledge of Montana business law, and backup storage to ensure nothing is missed.
- Flexibility. A professional service allows you to travel freely during business hours, work remotely and flexibly, and focus on running your business without worrying about missing important legal notices.
- Document management. Professional agent services like LegalZoom offer digital scanning and storage and text or email notifications when important documents arrive.
Why choose LegalZoom as your Montana registered agent?
In our 20+ years of experience helping people start their businesses, we’ve seen it all when it comes to ever-evolving compliance requirements. As your registered agent, we stay on top of changes in state requirements and send alerts when we receive important correspondence so that you’ll never miss a beat.
Here are some of the perks of using LegalZoom as your registered agent:
- Added privacy. Critical legal notices come to our address instead of your home or workplace.
- Digital storage. Our service includes unlimited secure cloud storage so you can access critical business documents anytime, from anywhere.
- Time-sensitive alerts. You’ll receive alerts when documents are uploaded to your portal.
- Guaranteed availability. Our Billings office is open during normal business hours to receive official mail and meet legal requirements.
- Seamless transition services. If you want to make us your new registered agent, we'll pay the fees and take care of that paperwork at no cost to you.
Montana registered agent FAQs
What happens if my business doesn't have a registered agent in Montana?
Several things can happen if you fail to maintain a registered agent in Montana:
- Default judgments in legal proceedings if documents get lost in the mail
- Penalties for missed compliance deadlines if your business doesn’t receive notices that provide annual report or tax reminders
- Dissolution if your business doesn’t appoint a new agent within 60 days
How do I verify a registered agent with the Montana Secretary of State?
You can verify registered agent information through the Montana Secretary of State's business search database.
- Visit the Montana Secretary of State website.
- Use the business entity search function.
- Enter your business name or registration number.
- Review the current registered agent information in the search results.
- Ensure the information matches your records and is up to date.
Who is the best registered agent in Montana?
The best registered agent depends on your specific business needs, but it’s wise to consider these factors:
- Reliability: Consistent availability during business hours
- Accessability: Modern document scanning and notification systems
- Customer service: Responsive support from knowledgeable staff
- Compliance tools: Automated reminders and monitoring services
- Pricing transparency: Clear fees with no hidden charges
- Montana experience: Understands state-specific laws
What's the difference between a commercial and non-commercial agent?
A noncommercial agent is an individual who serves as registered agent but isn’t registered as a professional agent with the Secretary of State.
A commercial registered agent can be an individual or an entity authorized to provide registered agent services.
Both a commercial and noncommercial agent need to meet the same availability requirements.
Can I change my registered agent at any time?
Yes, Montana businesses can change their registered agent at any time by filing the change with the Montana Secretary of State.
- Login to your Biz account and click “Search.”
- Look for your business entity using your registration number or business name.
- Select “registered agent/office change by entity.”
- Complete the form with your new registered agent's information.
Susan Thomas contributed to this article.
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