Every limited liability company operating in the United States needs to designate a registered agent. Even after you identify your initial registered agent in your formation paperwork, there are several reasons for why you may need to change the registered agent for your LLC in Montana.
Your registered agent could be moving out of state, or they could be a former co-owner or employee who no longer works for your organization. Maybe you want to switch from an individual registered agent to a professional service that operates in all 50 states, or perhaps you’re simply unsatisfied with your current registered agent’s service.
Whatever the reason may be, each state allows you to change your registered agent at any time, and in most states the process is both simple and inexpensive. Let’s dive into the specifics of how to change your LLC’s registered agent in Montana.
NOTE: If you need help changing registered agents, the same services that are known for offering online LLC services — like LegalZoom and Zen Business — can also take over registered agent duties and file the needed paperwork.
Who Can Be a Montana Registered Agent?
A Montana registered agent is a person or business entity that has a physical address in the state. You or one of your co-owners can serve as your own registered agent, you can designate a friend or family member for this role, you can hire a lawyer or accountant as your agent, or you can hire an online business services company to provide registered agent service.
No matter who you choose to be your registered agent, they need to be physically present at the address provided to the state during all standard business hours. This person or entity does not need to have any prior experience being a registered agent, but it’s wise to choose a registered agent who is familiar with the serious responsibilities that come with this role.
There is no minimum age requirement on who can be a registered agent in the state of Montana. The “Model Registered Agents Act” is Title 35, Chapter 7 of the Montana Code, and by examining this document, we can see that Montana has very few restrictions on who can serve as a registered agent. The law simply states that each business entity needs a registered agent, and that agent can be either an individual, a domestic business entity, or a foreign business entity authorized to transact business in Montana.
For more general information regarding the role of a registered agent with a Montana LLC, we encourage you to check out our full guide on the topic.
What Is the Procedure for Changing Your LLC Registered Agent in Montana?
While the role of the registered agent is vitally important for any American business entity, this role can always be changed, and there are different rules for how to change your agent depending on which state your business operates in.
In Montana, a limited liability company may change its registered agent by filing a Statement of Change form, or by indicating this change in the LLC’s annual report.
Option 1) Filing a Statement of Change Form
The first option to change an LLC’s registered agent in Montana is to file a Statement of Change of Registered Agent and/or Registered Office form. This document can only be filed online, and there is no fee required.
Option 2) Indicating the Registered Agent Change in Your Annual Report
Every limited liability company operating in Montana is required to file an annual report by April 15 of each year, and registered agent information may be changed in this document. Annual reports must be filed online, and there is a $20 fee associated with this filing.
According to the Montana Secretary of State, the standard processing time for business filings in this state is 2-5 days. You have the option to upgrade to priority handling ($20, 24-hour turnaround), or expedited handling ($100, one-hour turnaround) if you wish.
Prefer to Have a Registered Agent Service Handle Your Requirements?
A registered agent service is a company that specializes in being a registered agent for a wide variety of businesses across the country, bringing tons of expertise and a healthy dose of reliability to the role.
Most professional registered agent services operate on a national basis, meaning there’s no restrictions on which states you can operate your business in. They also tend to charge affordable rates, as you can find several registered agent services that charge around $10/month or even less for this service. In addition, most of these companies will also offer to handle the process of changing a registered agent for you.
If you’re interested in this option, we highly recommend Northwest Registered Agent.
The Law for Changing Your LLC Registered Agent in Montana
It’s always important to be well-informed regarding the specific laws for changing your registered agent. The registered agent laws in Montana do not vary by entity or classification type, but rather have one set of rules and regulations for all business entities to follow.
Specifically, we can look to Title 35, Chapter 7 of the Montana Code, which states:
- A represented entity may change the information currently on file under 35-7-105 (1) by filing with the secretary of state a statement of change signed on behalf of the entity that states:
- the name of the entity; and
- the information that is to be in effect as a result of the filing of the statement of change.
- The interest holders or governors of a domestic entity need not approve the filing of:
- a statement of change under this section; or
- a similar filing changing the registered agent or registered office of the entity in any other jurisdiction.
- The appointment of a registered agent pursuant to subsection (1) is an affirmation by the represented entity that the agent has consented to serve as a registered agent.
- A statement of change filed under this section takes effect on filing.
If you operate a limited liability company in the state of Montana, you need to designate a registered agent to receive important government document deliveries on your behalf. If you decide at any time that you would rather change your registered agent to a different individual or business entity, it’s important to know what that process looks like.
In Montana, an LLC may change its registered agent by filing a Statement of Change form, or by indicating the change in its annual report. Both are simple documents with reasonable filing fees, but if you’d rather have a registered agent service handle this task for you, you certainly have that option.
We hope this article helped you improve your understanding of changing a registered agent in Montana, and as always we thank you for choosing Registered Agent Ready!