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Montana Articles of Incorporation for Domestic Profit Corporation |
The Montana Articles of Incorporation for Domestic Profit Corporation is the form one must use in order to register a for-profit corporation with the Montana Secretary of State. Incorporators may use this form to register a General for Profit Corporation, Benefit for Profit Corporation, Professional Corporation, Close Corporation (with or with/out directors) or a Professional Close Corporation (with or without directors). This is only a general form which will cover the basics of forming any of these corporations however, one should keep in mind that different types of corporations will need to satisfy different requirements with the State of Montana and other governing bodies such as the Internal Revenue Service. Incorporators are generally encouraged to make sure they are aware of the full process required by any interested governing party before submitting these articles. This in all likeliness should include consulting with an attorney and/or accountant.
When it is time to submit the Montana Articles of Incorporation for Domestic Profit Corporation, it must be done by mail. Incorporators must prepare a submittal package consisting of a completed Montana Articles of Incorporation for Domestic Profit Corporation, any and all required paperwork the Montana Secretary of State will expect, and Full Payment of the Filing Fee as well as any other applicable fees. The minimum Filing Fee for filing these articles is $70.00, which should be paid by check (payable to Secretary of State). The submitter may choose to expedite the filing however this will incur additional charges depending upon the level of service that is desired. That is, to expedite processing to 24 hours, you will have to include an additional $20.00 processing fee with your payment. If you choose to have these articles expedited to 1 hour service, you may do so but must include an additional $100.00 processing fee payment.
How To File
Step 1 – Select the link “Download Form.” You may choose to open this form and edit it with an appropriate PDF program or you may choose to save it to your computer. Generally, it is a good idea to save an original copy of this document. You may edit this form with a PDF program or you may print it then fill in the in the information with a typewriter.
Step 2 – Article 1 will require that you define the entity type and report the Name. There will be several entity types listed: General for Profit Corporation, Benefit for Profit Corporation, Professional Corporation, Close Corporation, or Professional Corporation. You must place a check mark in one of these entity types. Note: If this is a Close Corporation or Professional Close Corporation, you will need to define whether the entity being formed with these articles will operate with or without Directors by choosing the appropriate box. Only one of these may be chosen.
Step 3 – The blank line in Article 1 will require the Full Name of the Corporation being formed. This will need to have the appropriate suffix (Corporation, Corp., etc.)
Step 4 – If this is a benefit corporation, you must place a check mark in the box present in Article 2, then report the specific benefit to the public this corporation will provide. If this is not a Benefit Corporation you may leave this item blank.
Step 5 – Article 3 will need the identity of the Registered Agent to be defined. If your Registered Agent is a commercial entity who has previously registered as such with the Montana Secretary of State, you must list the Full Name of the Registered Agent on the first blank line available. A list of the Commercial Registered Agents who have filed their information with the Montana Secretary of State is listed here: http://sos.mt.gov/Business/Agents/index.asp. If your Registered Agent is a noncommercial one then leave the first line of this section blank and list the Full Name of your noncommercial Registered Agent on the first blank line.
Step 6- On the next line (in Article 3), you must enter the physical location of the Registered Agent you are listing. That is, this may be a Street Address or a Rural Route Box but not a P.O. Box Number. The next line will contain an area for the City, State, and Zip Code. This section must be filled out.
Step 7 – The final section of this article will provide an area to enter the Mailing Address of the Registered Agent if the noncommercial Registered Agent receives its mail in separate location from the physical address.
Step 8 – Next, in Article 4, you must report the number of shares of Capital Stock the forming entity has been authorized to issue. Note: The Capital Stock being listed here, on the form, will have no par value.
Step 9 – Article 5 will require the Full Name and Address of each Incorporator. Locate the blank line labeled “Name,” then enter the Full Name of the Incorporator. On the line below this, you must report the Full Business Address of the Incorporator. Then finally there will be an area to report the City, State, and Zip Code. If there is more than one Incorporator for these articles, each one should sign a clearly labeled document and attached to this document.
Step 10 – Finally, there will be an acknowledgement statement and a Signature line. The Incorporators must Sign their Names then Date their Signatures. Additionally, each Incorporator.
Step 11 – Article 7 shall require Contact Information of an individual who the Montana Secretary of State may use to correspond with an authorized party regarding these articles.
Step 12 – You will need to submit your completed Montana Articles of Incorporation for Domestic Profit Corporation, any additional attachments, and full payment for any services required plus the Filing Fee. If this is a successful filing you will receive a letter certifying the articles within ten days. You may request a certified copy free of charge but must mail in both the origin and a copy. The Filing Fee or this submittal is $70.00. You have the option of expediting the filing to twenty four hours for an additional $20.00 payment or expediting the process to one hour for an additional payment of $100.00. All such payments must be made by check payable to “Secretary of State.” The submittal package may be mailed to:
Secretary of State
PO Box 202801
Helena, MT 59620-2801
