![Montana LLC Operating Agreement Template [PDF]](https://contracts.net/_next/image?url=%2Fimages%2Fdocuments%2Fplaceholder-general.png&w=384&q=75)
Make a precise plan about how your company will be organized and operated by drafting the Montana operating agreement using our template.
Customized for Montana This document may be legally binding in Montana according to your state specific regulations.
The Montana limited liability company (LLC) operating agreement is a legal document that the members use to define how the company will be operated and to regulate their mutual relationships within the company.
The LLC operating agreement, or business operating agreement, outlines the initial contribution of each member to the company as well as their share of the company's interests. If the members decide to personally manage the company, the document defines their managerial duties.
No, an operating agreement is not a required document when forming an LLC in Montana.
However, many parties choose to make an operating agreement so they can easily optimize the operations inside their company. This will save them a lot of time in the future and prevent unnecessary expenses.
Here, you can find the four main types of operating agreements used in Montana:
Title 35, Chapter 8 of the Montana Code, called the Montana Limited Liability Company Act, regulates the status of LLCs in Montana.
Moreover, Section 35-8-109 regulates the status of operating agreements, namely effects and non-waivable provisions.
Section 35-8-102(23) provides the definition of an operating agreement as follows:
“‘Operating agreement’ means an agreement, including amendments, as to the conduct of the business and affairs of a limited liability company and the relations among the members, managers, and the company that is binding upon all of the members.”
The easiest way to form a limited liability company in Montana is by following the steps below:
Before registering an LLC in Montana, you should choose a business name for your LLC. The business name must be distinguishable from other business names registered in Montana. Otherwise, your application will be rejected.
To check if your business name is distinguishable, you should go to the Montana Secretary of State’s database and do a business search.
In Montana, you can choose between two main types of LLCs:
Finally, you should designate an agent who will be in charge of receiving official notifications and documents on behalf of the LLC.
To qualify as an agent, one must:
For domestic LLCs, you should file Articles of Organization. You can create an account and file your application online.
For foreign LLCs, you should file a Certificate of Authority for Foreign Limited Liability Company. Here, you can also file your application online.
The filing fee is $35 for domestic LLCs and $70 for foreign LLCs. The payment can be completed online after completing the application.
After filing your application, you can create the operating agreement. This document will enable you to optimize your business operations and prevent disputes between the members of the LLC.
If you want to open a company bank account, complete certain transactions, hire employees, and complete similar actions, you should obtain the EIN. To get this number, you can apply on the IRS website or fill out the SS-4 form.
