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Montana puts assumed business names in one place. You apply to the Secretary of State, pay $20, and receive a certificate of registration. The rules sit in MCA 30-13-201 and the sections after it, and the office's fee sheet and business structures page fill in the rest.
Where does a Montana assumed name get filed?
With the Secretary of State. Section 30-13-203 says a person doing business under an assumed business name shall register it with the Secretary of State on the forms the office furnishes. The application asks for three things:
- Your name and business mailing address.
- The full assumed name you want.
- A short description of the business done under that name.
The state does not describe a county filing for this. If your city or county wants its own paperwork, that is a local matter we did not read.
Who can use one?
The office defines an assumed business name as a trade name or fictitious business name, so a Montana search for any of those three terms points to the same thing. It is not the legal name of the person or people who own the business.
The office lists a sole proprietor, a corporation, a partnership, a limited partnership, a limited liability company, a limited liability partnership and an association. A sole proprietor who does not trade under their own name must register one. So must a company that sells under a brand that differs from its legal name.
If you run an LLC, the LLC stays the legal owner. The assumed name is a second label. Our DBA vs LLC page explains why some owners do the LLC first. The steps for forming it are in the Montana LLC guide.
What does it cost and how long does it last?
The state's fee sheet lists these amounts under assumed business names:
| Filing | Fee |
|---|---|
| Registration | $20 |
| Renewal | $20 |
| Amendment | $20 |
| Cancellation | No fee |
Section 30-13-204 says a registration remains in effect for 5 years unless it is cancelled earlier. Put the end date in your calendar, because renewal is your job. The fee sheet is the place to confirm amounts before you pay.
Can the state refuse my name?
Yes, and this is where Montana differs from states that file anything. Under 30-13-202 the Secretary of State may not register a name that is the same as, or not distinguishable on the record from, an assumed name already registered. The same test covers corporate, LLC, LLP and limited partnership names, plus trademarks and service marks registered or reserved with the office. Your name also cannot use an entity identifier that misstates what you are.
Another business can contest a registration using the procedure in 35-14-401.
How do you search for a Montana assumed name?
Start with the Business Name Search on the Secretary of State's business page. The office describes its records system as holding assumed business names alongside corporations, LLCs, trademarks and bonds. We did not run a search on the portal, so we do not describe the result screens.
For a name check before you file, use the same tool and the method in our LLC name search guide. For a general approach to finding a DBA in any state, see DBA search.
What to do next
If you are still deciding on structure, read how to file a DBA for the steps most states share. After you have a name, check whether you also need permits. The Montana business license page covers that.
This page does not cover county or city rules, trademark filings, or tax registration for the name.