Montana law provides that individuals or other business groups may start a Montana corporation for either business or charitable purposes. After deciding which kind of corporation to establish, filers can go online and obtain filing forms from the Montana Secretary of State. Filers fill out the forms and submit them with a corporate filing fee to start a corporation in Montana.
Go online to the Montana Secretary of State’s “Business Forms” page at Sos.mt.gov/Business/Forms/index.asp. On this page, you can find links to the two relevant filing forms for Montana corporations. Click on the “Domestic” links under for-profit corporations to start a business. Use the “Domestic” link for Montana nonprofits to start a charity, church, school or similar non-business organization.
Fill out the appropriate “Articles of Incorporation” for the Montana business you wish to form. These forms provide only the generic minimum articles for creating a Montana corporate business. You should consult a Montana business attorney if you have any questions or concerns. For example, obtaining federal tax-exempt status for a charity requires the use of certain provisions in your nonprofit “Articles of Incorporation.” Look up and study Publication 557 on the IRS.gov website to determine how to handle the process for obtaining tax exemption for your Montana nonprofit.
Prepare the corporate filing fees. As of 2010, the fee is $70 to file a for-profit corporation and $20 for a nonprofit. You may also pay an extra $20 for 24-hour processing and $100 for one-hour expedited filing. Make checks payable to the “Secretary of State.” The normal time for processing your corporate application is 10 days. Note that you will receive a letter at the address you provided if there are problems with your “Articles of Incorporation.”
Mail in your forms and fee to the following address:
Secretary of State
PO Box 202801
Helena, MT 59620’2801
If you have additional questions, you may call the Business Services office at 406-444-3665.
Note: Before completing and submitting your articles, you should check to make sure that your desired corporate name is still available. Montana has a “Business Entity Search” page at App.mt.gov/bes/ for this purpose. Enter the name you would like to use and run a search to determine if your name is already registered by a different company. Choose a different name to avoid legal problems if a name is already in use.
Montana Business Forms (for Corporate and other Business Filings)