Download Free LLC Operating Agreement Template for Montana
Define ownership and operating procedures of an LLC
Document Preview
LLC OPERATING AGREEMENT State of Montana This Operating Agreement is made on [DATE] by the Members of: LLC NAME: [LLC NAME], LLC State of Formation: Montana Date of Formation: [DATE] Principal Office: [ADDRESS], MT [ZIP] ARTICLE I — MEMBERS AND CONTRIBUTIONS Member 1: [NAME] — Ownership: [PERCENTAGE]% — Capital Contribution: $[AMOUNT] Member 2: [NAME] — Ownership: [PERCENTAGE]% — Capital Contribution: $[AMOUNT] ARTICLE II — MANAGEMENT This LLC shall be managed by: [ ] Members [ ] Designated Manager(s) Manager(s): [NAME(S)] ARTICLE III — DISTRIBUTIONS Profits and losses shall be allocated in proportion to each Member's ownership interest. ARTICLE IV — VOTING Each Member shall have voting rights proportional to their ownership percentage. Major decisions require [PERCENTAGE]% approval. ARTICLE V — TRANSFER OF INTEREST No Member may transfer their interest without [UNANIMOUS/MAJORITY] consent of the other Members. ARTICLE VI — DISSOLUTION The LLC shall dissolve upon: (a) unanimous vote, (b) court order, or (c) as required by Montana law. This agreement is governed by Montana LLC Act (MT Statutes). MEMBER SIGNATURES: Member 1: _____________________ DATE: _____ Member 2: _____________________ DATE: _____
Montana LLC Operating Agreement Requirements
Review the following requirements to ensure your LLC Operating Agreement is legally valid in Montana.
Montana Notarization
While notarization may not be required in Montana, it is recommended. Fees range from $10.
Before You Sign
Review all information carefully. Montana does not impose a state sales tax, but local fees may apply.
Legal Protection
Keep copies of all signed documents. Montana law requires all parties to receive copies of executed documents.
Montana Filing Deadlines
Check Montana deadlines for filing or recording this document with the appropriate county clerk's office.
LLC Operating Agreement Costs in Montana
Estimated fees and processing times
| Fee Type | Cost | Notes |
|---|---|---|
| Notary Fee | $5-$15 (if required) | Montana standard rate: $10 |
| Filing Fee | Varies by state | State registration (if applicable) |
| Processing Time | 1-3 business days | Typical turnaround in Montana |
| Sales Tax | 0% | Montana base rate (local taxes may apply) |
| Witness Requirement | 1 witness | Single witness sufficient |
| Our Template | FREE | Download instantly, no cost |
FAQ: LLC Operating Agreement in Montana
Is a LLC Operating Agreement required in Montana?
Yes, in Montana, a LLC Operating Agreement is required for most transactions of this type. Under Montana State Code, the document must include all parties' information, be signed, and witnessed by at least one individual. Failure to use a proper LLC Operating Agreement may result in legal complications.
Does a LLC Operating Agreement need to be notarized in Montana?
Notarization requirements in Montana (MT) vary by transaction type. Notary fees in the state typically range from $10. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.
What are the tax implications of a LLC Operating Agreement in Montana?
Montana has a base sales tax rate of 0%. Depending on the type of transaction documented in your LLC Operating Agreement, additional local taxes may apply. Consult with a Montana tax professional for specific guidance on your situation.
Is an operating agreement required for an LLC?
Requirements vary by state. Some states like New York and California require an operating agreement, while others don't. However, having one is strongly recommended for all LLCs to define member rights, protect limited liability, and prevent disputes.
Can a single-member LLC have an operating agreement?
Yes, and it's highly recommended. A single-member LLC operating agreement helps maintain the separation between personal and business assets, which is essential for preserving limited liability protection.
What happens if an LLC doesn't have an operating agreement?
Without an operating agreement, your LLC is governed by your state's default LLC laws, which may not align with your preferences. This can lead to disputes, loss of liability protection, and unfavorable default rules for profit sharing and management.
Jennifer Rodriguez, J.D.
Estate Planning Attorney
Licensed in 5 states, 12+ years experience
Focuses on wills, trusts, and power of attorney documents
This LLC Operating Agreement template for Montana has been reviewed for accuracy and legal compliance.
Last reviewed: March 2026
Where to File Your LLC Operating Agreement in Montana
Visit your local County Clerk office to file or notarize your LLC Operating Agreement.
Montana County Clerk
Montana Capital
Main Government Building, Montana
District County Clerk
Montana Metro Area
County Courthouse, MT
Montana LLC Operating Agreement Legal Guide
Under Montana jurisdiction, this form meets all statutory requirements and provides comprehensive legal protection for your transaction.
For Montana (MT) residents, this LLC Operating Agreement is governed by Montana State Code. Important details: sales tax at 0%, notary costs of $10, and a requirement for 1 witness. The document has indefinite validity once properly executed.
Using this template ensures you're protected under Montana law while saving time and money on legal fees.
Your Montana Filing Guide
After downloading, take your time filling in each section. MT statutes require that all information be accurate and current. Once signed by all parties, determine whether Montana requires you to file the document with a government office, record it with the county, or simply retain it for your records.
Smart Practices for MT Compliance
Montana has specific rules that differ from neighboring states. Always verify your document against current MT statutes, especially if you're using a template from a previous year. Laws change, and what was valid last year in Montana may need updating for 2026.
How Montana Courts View This Document
Montana courts apply MT statutory standards when evaluating a LLC Operating Agreement. Judges look for: clear language, proper identification of parties, lawful purpose, and correct execution formalities. Meeting these standards ensures your document will be upheld if ever challenged.
Meeting Montana's Legal Threshold
For your LLC Operating Agreement to hold up in a Montana court, it must satisfy the state's statutory requirements. MT law emphasizes clear language, mutual consent, and proper execution. We've built these requirements directly into our template.
Montana has specific rules that differ from neighboring states. Always verify your document against current MT statutes, especially if you're using a template from a previous year. Laws change, and what was valid last year in Montana may need updating for 2026.
How Montana Courts View This Document
Montana courts apply MT statutory standards when evaluating a LLC Operating Agreement. Judges look for: clear language, proper identification of parties, lawful purpose, and correct execution formalities. Meeting these standards ensures your document will be upheld if ever challenged.
Meeting Montana's Legal Threshold
For your LLC Operating Agreement to hold up in a Montana court, it must satisfy the state's statutory requirements. MT law emphasizes clear language, mutual consent, and proper execution. We've built these requirements directly into our template.
For your LLC Operating Agreement to hold up in a Montana court, it must satisfy the state's statutory requirements. MT law emphasizes clear language, mutual consent, and proper execution. We've built these requirements directly into our template.
Other Forms in Montana
LLC Operating Agreement in Neighboring States
Document Information
- Document
- LLC Operating Agreement
- State
- Montana (MT)
- Category
- Business
- Format
- PDF / Word / Print
- Cost
- 100% Free
- Sales Tax
- 0%
- Notary Fee
- $10
Montana Legal Requirements
Governing Statute:
State Law
- ✓Consult with a licensed attorney for specific requirements
Legal Disclaimer
This template is for informational purposes only and does not constitute legal advice. Laws in Montana may change. Consult a licensed attorney for advice specific to your situation.