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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:
- The statement takes effect on filing.
- Owners need not approve it. The Act says the interest holders or governors of a domestic entity need not approve this type of filing.
- 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.