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Montana registered agent

Montana runs registered agents under its Model Registered Agents Act. An LLC names a commercial agent or a noncommercial agent with an address, and a statement of change to switch agents has no state fee.

Montana facts from official pages

Agent consent
Naming an agent affirms that the agent agreed to serveleg.mt.gov, checked (archived copy)
Registered agent
A filing names a commercial agent, or a noncommercial agent with addressleg.mt.gov, checked (archived copy)
How to change the agent
Change by a statement of change filed with the Secretary of Stateleg.mt.gov, checked (archived copy)
Agent change fee
No fee for a statement of change of registered agent or officesosmt.gov, checked (archived copy)
Registered agent
A statement of change takes effect on filingleg.mt.gov, checked (archived copy)
Registered agent
Owners do not need to approve an agent changeleg.mt.gov, checked (archived copy)
Registered agent
A noncommercial agent files a statement when its own address changesleg.mt.gov, checked (archived copy)
Registered agent
Commercial agents file a listing statement with the Secretary of Stateleg.mt.gov, checked (archived copy)
Registered agent
A commercial agent's termination takes effect on the 31st dayleg.mt.gov, checked (archived copy)

Last updated

Montana treats the registered agent as a filing under Chapter 7 of Title 35, the Model Registered Agents Act, rather than only a box on the articles. That has practical effects: a filing names the agent in a set way, an agent change is its own statement, and the state fee for that statement is nothing. Our Montana business guide covers the search tools and other fees.

We could not open every section of the Act, and the Secretary of State's site blocked some of our requests. This page sticks to the sections we read. Check the current text of MCA Title 35, chapter 7 before you rely on it.

What does the filing have to name?

Under MCA 35-7-105, a registered agent filing must state one of two things:

  • the name of the entity's commercial registered agent, or
  • if there is no commercial agent, the name and address of a noncommercial registered agent.

The LLC's articles of organization carry this information, as MCA 35-8-202 points back to it. See the steps on our Montana LLC page. The Act also treats the appointment as an affirmation by the entity that the agent has consented to serve. Get that agreement first.

What is the difference between the two agent types?

A commercial registered agent files a listing statement with the Secretary of State. The statement says the person is in the business of serving as a commercial agent in Montana and gives a place of business in the state for papers. The state keeps a commercial agent list and also lets agents search for entities they represent. We do not name companies here. For the general picture see registered agent services.

A noncommercial agent is the other route: the filing gives that agent's name and address. If you want an owner to do it, read be your own registered agent first.

How do you change the agent?

File a statement of change with the Secretary of State. It states the entity's name and the information that should be in effect after the filing. The fee page lists "Statement of Change, Registered Office, Agent, Both" at no fee.

Three features of the Act are worth knowing:

  1. The statement takes effect on filing.
  2. Owners need not approve it. The Act says the interest holders or governors of a domestic entity need not approve this type of filing.
  3. You may instead amend your most recent registered agent filing under other Montana law.

Use the state's portal: search for your record, open it and choose Filing Actions.

What if the agent's own details change?

A noncommercial agent that changes its name or address must file a statement of change for each entity it represents, naming the entity, the old details and the new ones. The agent must also promptly give the entity notice, in a record, of the change.

What if the agent stops serving?

For a commercial agent, a termination statement takes effect on the 31st day after filing, and the agent must promptly notify each entity it represented. After that the agent is no longer the agent for service of process. Until the LLC names a new agent, service may be made on the entity under MCA 35-7-113. Read service of process for how papers reach a company.

Plan for a replacement before the 31 days run out. We could not read the Act's rules on penalties for an LLC left without an agent, so we do not state any here.

How do you find an agent?

The state's business portal has registered agent searches and a commercial agent list. Search the company name and read the record. If your LLC came from another state, see foreign LLC registration. Neighbors set different terms: compare Wyoming and North Dakota.

Good to know

Questions people ask

Does it cost anything to change a Montana LLC registered agent?

No. The Secretary of State fee page lists a Statement of Change for registered office, agent or both at no fee. Annual report and other filings carry their own fees.

When does a Montana change of registered agent take effect?

A statement of change takes effect on filing. You do not need to wait for approval by the owners either, because the interest holders or governors need not approve the filing.

Does my Montana registered agent have to agree first?

Yes in effect. Naming an agent is the entity's affirmation that the agent has consented to serve, so get the agreement before you file.

What is a commercial registered agent in Montana?

It is a person who files a listing statement saying it is in the business of serving as a commercial registered agent in the state and giving a Montana address for service. The Secretary of State publishes a commercial agent list.

What happens if a Montana commercial agent quits serving?

Its termination takes effect on the 31st day after filing. Until the LLC names a new agent, service of process may be made on the entity as provided in MCA 35-7-113.

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