Elections and Government Services Administrative Rules of Montana Business Services Notary and Certification Records and Information Management

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Administrative Rule Updates: http://sos.mt.gov/ARM/Notices/

Requires Business Mailing Address on Most Forms

This law specifically requires a business mailing address.  (30-13-203, MCA {Not yet integrated} - SB 63 ). Effective 10/1/2011

Limited Liability Partnerships Requirements

The Limited Liability Partnerships requirements for filing have been moved to Title 35, Chapter 10, Part 7, MCA, while removing the references under Title 30, Chapter 13, MCA.

The proposed limited liability partnership name may not be the same as or indistinguishable on the record from an assumed business name already registered or from any corporate name, limited partnership name, limited liability company name, limited liability partnership name, trademark, or service mark registered or reserved   (35-12-502, MCA {Not yet integrated} - SB 63). Effective 10/1/2011

Limited Partnership Act Adoption

This law adopts a form of the model Limited Partnership Act, as well as making provisions for conversions and mergers. (35-12-502, MCA {Not yet integrated} - HB 535). Effective 10/1/2011

Limited Liability Company and Department of Revenue Certificate

When reinstating a Limited Liability Company if it is only a “single member” Limited Liability Company that is not taxed as a corporation then options have changed on the Limited Liability Company Reinstatement form. If the box is checked, stating the LLC was not taxed as a corporation, then a certificate from Revenue is NOT required (35-8-912, MCA {Not yet integrated} - SB 429). Effective 5/6/11.

Assumed Business Name Contests

Allows filing of name contests against Assumed Business Names.  (30-13-202, MCA {Not yet integrated} - HB 428 ). Effective 3/25/2011

Electricity Buying Cooperatives Act Repealed

Repeals Electricity Buying Cooperatives Act.  (35-19-311, MCA {Not yet integrated} - HB 169 ). Effective 3/25/2011

Annual Reports for Close Corporations That Operate Without a Board of Directors

If a corporation operates without a board of directors, the annual report must set forth the name(s) of shareholder(s) instead (35-1-1104, MCA). Effective 3/19/2010

Assumed Business Names Cannot Consent To Use of the Name

Assumed Business Names cannot legally give consent to another entity for use of an assumed business name (30-13-202, MCA). Effective 3/19/2010

Annual Reports Require Street Addresses for Members and Managers

A street address is required for all members and managers listed on the Annual Report for a Limited Liability Company (35-8-208, MCA). Effective 9/25/2009.

Registered Agent

In accordance with MCA 35-7-105 Appointment of Registered Agent, prior to authorizing a registered agent to act on your behalf, you must have permission from the registered agent .

Filing Forms

Please note that business documents on file with the Secretary of State are public record subject to public access and disclosure.  Therefore, to retain a measure of privacy for individuals reflected within your business documents we recommend the following:

DO NOT provide Tax Identification Numbers/Social Security Numbers . They are not required for filing your organizational documents.  Inclusion of an SSN may result in the document being returned to you for removal of that information.

Reflect the business address for persons stated within your business filings rather than a residence address.