Doing Business in Montana with a Delaware Company

By Devin Scott Monday, March 16, 2020

When it comes to incorporating a business, Delaware is by far the popular choice. Delaware is known for having the strongest corporate law structure to protect the members or Directors of a company. Harvard Business Services forms Delaware companies for clients from all over the world for this reason.

When forming a Delaware Company, your business is considered domestic to Delaware and foreign to every other State. The process in which your home State gives you the authority to operate there using a Delaware Company is called foreign qualification. Each State is different in their rules and procedures to foreign qualify. This particular blog will focus on Delaware Companies that are doing business in Montana.

Montana, like other states has an application process, a state fee, and also requires a Certificate of Good Standing from Delaware in order to register the Delaware LLC or Corporation to do business in Montana as a foreign entity. The Certificate of Good Standing certifies that the company is in good standing with Delaware. This document must be dated within 6 months of filing to do business in Montana.

Montana also requires a Registered Agent in Montana in order to receive any service of process. You can reach out to your Delaware Registered Agent for this service. Harvard Business Services, which has a $50 Registered Agent service guaranteed never to go up, assists clients to foreign qualify in Montana and can act as your Registered Agent there. We prepare the documents, send you the documents for signature, obtain the Certificate of Good Standing from Delaware, pay the Montana State fees, and obtain the Certificate of Authority from Montana, often in 5-10 business days. The Certificate of Authority is the document that we receive from Montana that gives the Delaware Company the authority to operate in Montana, but under Delaware’s law structure.

Once foreign qualified in Montana, please keep in mind that your Delaware Company still needs to maintain a Delaware Registered Agent, and pay the annual Franchise Taxes in order to remain in good standing. Montana also has an annual report fee, which must be paid to remain in good standing. Your Registered Agent will keep you posted as to when these requirements are due.

If you have any more questions about registering to do business in Montana, or are ready to proceed, please contact Harvard Business Services 1-800-345-2677 or email devin@delawareinc.com  

*Disclaimer*: Harvard Business Services, Inc. is neither a law firm nor an accounting firm and, even in cases where the author is an attorney, or a tax professional, nothing in this article constitutes legal or tax advice. This article provides general commentary on, and analysis of, the subject addressed. We strongly advise that you consult an attorney or tax professional to receive legal or tax guidance tailored to your specific circumstances. Any action taken or not taken based on this article is at your own risk. If an article cites or provides a link to third-party sources or websites, Harvard Business Services, Inc. is not responsible for and makes no representations regarding such source’s content or accuracy. Opinions expressed in this article do not necessarily reflect those of Harvard Business Services, Inc.

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