LLCs
Fee
$70
Timing
Before transacting business in Montana.
Required documents
Application for certificate of authority, including a statement of existence and compliance with home-jurisdiction organizational laws; series LLCs include each series' operating agreement.
Penalties for operating without registration
Cannot maintain a Montana court proceeding until authorized; civil penalty of $5 per day capped at $1,000 per year; covered government contracts are voidable.
Timing
Before transacting business in Montana.
Verified 2026-10-25 — source and quotation
35-8-1001. Authority to transact business required. (1) A foreign limited liability company may not transact business in this state until it obtains a certificate of authority from the secretary of state.Official source
Required documents
Application for certificate of authority, including a statement of existence and compliance with home-jurisdiction organizational laws; series LLCs include each series' operating agreement.
Verified 2026-10-25 — source and quotation
35-8-1003. Application for certificate of authority. A foreign limited liability company may apply for a certificate of authority to transact business in this state by delivering an application to the secretary of state for filing. The application must set forth: … (7) a statement that the foreign limited liability company has complied with the organizational laws in the jurisdiction in which it is organized and that the foreign limited liability company exists in that jurisdiction; and (8) if the foreign limited liability company has one or more series of members, the name of each series of members. A copy of the operating agreement of each series of members must be included with the application.Official source
Penalties for operating without registration
Cannot maintain a Montana court proceeding until authorized; civil penalty of $5 per day capped at $1,000 per year; covered government contracts are voidable.
Verified 2026-10-25 — source and quotation
35-8-1002. Consequences of transacting business without authority. (1) A foreign limited liability company transacting business in this state without a certificate of authority may not maintain a proceeding in any court in this state until it obtains a certificate of authority. … (4) A foreign limited liability company is liable for a civil penalty of $5 for each day, but not to exceed a total of $1,000 for each year, that it transacts business in this state without a certificate of authority. The attorney general may collect all penalties due under this subsection and deposit them to the general fund. (5) Notwithstanding the provisions of subsections (1) and (2) and except as provided in subsection (6), the failure of a foreign limited liability company to obtain a certificate of authority does not impair the validity of its acts or prevent it from defending any proceeding in this state. (6) A contract between the state of Montana, an agency of the state, or a political subdivision of the state and a foreign limited liability company that has failed to obtain a certificate of authority, as required under 35-8-1001, is voidable by the state, the contracting state agency, or the contracting political subdivision.Official source
Fee notes
A series LLC pays an additional $50 for each named series member.
Verified 2026-10-25 — source and quotation
plus $50.00 for each series member named in the series LLCOfficial source