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To create an LLC in Montana, you need to choose a unique name for your company and file Articles of Organization with the Secretary of State. It is essential to appoint a registered agent who will receive legal documents on behalf of your LLC. Additionally, having a Montana Sample LLC Operating Agreement is beneficial as it outlines the management structure and operational procedures of your business, ensuring clarity and stability.
An operating agreement is a key business document that shows your business operates like a legit company. Without the operating agreement, your state might not acknowledge you as an LLC, and which means someone could sue to go after you without there being any shield to protect your personal assets.
Montana does not require you to have an operating agreement when you form an LLC; however, even as the sole owner of the company, it's in your best interest to file an operating agreement when you create your LLC.
How to Start an LLC in MontanaChoose a Name for Your LLC.Appoint a Registered Agent.File Articles of Organization.Prepare an Operating Agreement.Obtain an EIN.File Annual Reports.
The form and contents of operating agreements vary widely, but most will contain six key sections: Organization, Management and Voting, Capital Contributions, Distributions, Membership Changes, and Dissolution.
Get together with your co-owners and a lawyer, if you think you should (it's never a bad idea), and figure out what you want to cover in your agreement. Then, to create an LLC operating agreement yourself, all you need to do is answer a few simple questions and make sure everyone signs it to make it legal.
Do I file an LLC Operating Agreement with Montana? The state of Montana does not require standard LLCs to file an Operating Agreement with the state. You will not be legally penalized for failing to create an Operating Agreement.
What should an LLC operating agreement include?Basic company information.Member and manager information.Additional provisions.Protect your LLC status.Customize the division of business profits.Prevent conflicts among owners.Customize your governing rules.Clarify the business's future.
This agreement can be implied, written, or oral. If you're formingor have formedan LLC in California, New York, Missouri, Maine, or Delaware, state laws require you to create an LLC Operating Agreement. But no matter what state you're in, it's always a good idea to create a formal agreement between LLC members.