‹ Montana Filing Guide · All Penalties
Operating in Montana without a certificate of authority can trigger a civil penalty under state statute and bar your LLC from Montana courts. See the consequences and next steps below.
Montana charges a foreign LLC $5 for each day it does business without registering, up to $1,000 a year, and the Attorney General collects it. The LLC cannot bring a case in a Montana court until it registers, and a court can pause any case it has started. A contract with the state, a state agency or a local government can be voided, after a notice gives the LLC 30 days to register. Contracts with private parties stay valid and owners are not personally liable.
| What's at stake | If you don't register | Severity |
|---|---|---|
| Civil penalty | $5 per day, capped at $1,000 per year (entity). It accrues for each day, up to $1,000 a year.Checked Sep 28, 2026 · mca.legmt.gov | High |
| Back fees on cure | Standard registration fees apply on cure. The statute does not specify a separate retroactive assessment, but the state may still collect missed report fees. | Medium |
| Right to sue in state court | Closed. You cannot bring or maintain any lawsuit in state court until you register. If you need to sue a customer, a partner, or a vendor, you have to register first. You can still defend yourself if someone sues you. | High |
| Contract validity | Contracts generally remain valid, but registration may be required before you can sue to enforce them. A contract with the State of Montana, a state agency or a local government is voidable by that government body if your LLC has not registered. The Secretary of State must first send notice, and the LLC then has 30 days to register before an existing contract can be voided. | High |
| Personal liability | Your personal assets are still protected by the LLC. Failing to register does not by itself pierce the corporate veil. Other liability theories like veil-piercing, personal guarantees, and fraud are unaffected. | Low |
| State tax exposure | Possible. Montana imposes corporate income tax on LLCs taxed as C corporations, generally at a flat 6.75% with a $50 minimum. Special tax elections can change the calculation. LLCs taxed as partnerships or disregarded entities generally pass income through to their owners. Montana has no statewide sales tax. Other state taxes apply under separate Montana Department of Revenue rules. | Medium |
| How it gets enforced | The Attorney General can bring enforcement proceedings under the cited statute. Timing and outcomes depend on the case. | N/A |
Here's how to fix it before any of this catches up to you.
You can file the foreign qualification yourself directly with the Montana Secretary of State for the standard filing fee. A wrong form version or a name conflict with an existing entity can delay approval. Check the form and required documents before submitting. The consequences of remaining unregistered are described above; they do not all accrue weekly.
File it yourself$70 + $125 = $195, the state fee plus a registered agent for the year
Have Northwest file it$70 + $225 = $295, the state fee plus the service, one year of registered agent included
These totals cover registration and the listed service only. Back fees, penalties, taxes and required attachments are extra. The DIY example includes a paid agent. State fees paid by card through Northwest carry a 2.7% card charge. Both routes leave you with the same registered agent obligation from year two.
Want help with the paperwork? Northwest can prepare and submit your foreign registration and serve as your registered agent. Hiring a service does not erase overdue fees, taxes or penalties.
Have Northwest register your LLC in Montana ↗Other options
Comparing services first? Read our full Northwest Registered Agent review and Harbor Compliance review for pricing, renewal behavior, and what each is best at.
Filing yourself anyway? See the Montana foreign LLC registration guide for the form, fee, and step-by-step process.
Answer 3 questions to find out if your LLC needs to register in other states.
See the form, fee, and step-by-step process for changing your registered agent in Montana.
Learn what counts as “doing business” and which activities trigger the foreign qualification requirement.
See what Montana calls it, the state fee, and how to order it for a foreign registration.
This page provides general information based on publicly available Montana statutes. It is not legal advice and is not a substitute for advice from a licensed attorney about a specific situation. Statutes change. Court interpretations vary by case. Verify current statute text with the Montana legislature before relying on the information here. If you are facing enforcement action or a pending lawsuit, consult a Montana business attorney.