Key Takeaways
- Montana allows incoming LLC domestication directly (MCA §35-8-1401 to -1409 (Chapter 317, Laws of 2025)) — your LLC keeps its original formation date
- Filing fee: Not yet published in a confirmed fee schedule as of this writing — Montana's standard Articles of Organization fee is $35 online / $70 by mail; confirm the exact Articles of Domestication fee directly with the Secretary of State before filing, since this is a very recently enacted statute
- No new EIN is needed. Montana's statute (§35-8-1407, Effect of Domestication) confirms the domesticated entity 'is the same entity without interruption as the domesticating entity,' with property and liabilities continuing unaffected — the IRS treats your EIN as unchanged, though you should update your address on file with the IRS (Form 8822-B) once your Montana registered agent address is set.
- No. Montana's new domestication statute doesn't address a requirement to prove formal withdrawal or dissolution from your LLC's prior state as part of the Articles of Domestication filing; that remains a separate step you handle under the old state's own law once Montana confirms the domestication.
- Same-day LLC domestication filing available through LLC Attorney, at no markup on state fees
If your LLC is formed in another state but you've relocated (or your business has) and want Montana to be its new legal home, Montana's brand-new 2025 domestication statute now lets you make that move directly, without dissolving the company and starting over.
This guide covers exactly how to domesticate an LLC into Montana in 2026 — the new Articles of Domestication filing enacted under Chapter 317, Laws of 2025, the member-approval rules, what happens to your EIN and formation date, and what you still need to handle in your old state afterward.
What Is LLC Domestication?
Domestication (sometimes called continuance or statutory conversion) lets you move your LLC from one state to Montana without dissolving it and starting over. Done correctly, the LLC keeps its original formation date, its EIN, and its contracts — only its home state changes.
Can You Domesticate an LLC Into Montana?
Yes. Montana's LLC Act includes a statutory domestication provision (MCA §35-8-1401 to -1409 (Chapter 317, Laws of 2025)), so an out-of-state LLC can become a Montana LLC directly while retaining its original formation date.
How to Domesticate Your LLC in Montana
- Filing agency: Montana Secretary of State, Business Services Division
- Form: Articles of Domestication
- Filing fee: Not yet published in a confirmed fee schedule as of this writing — Montana's standard Articles of Organization fee is $35 online / $70 by mail; confirm the exact Articles of Domestication fee directly with the Secretary of State before filing, since this is a very recently enacted statute
- Processing time: Typically 5-6 business days for standard Montana Secretary of State filings; 24-hour expedited for $20 extra, 1-hour expedited for $100 extra
- Expedited option: 24-hour expedited service for $20 extra, or 1-hour expedited service for $100 extra
- Certificate of Good Standing: Not required by Montana.
- Plan of domestication: A formal plan of domestication must be adopted and filed alongside the conversion paperwork.
- Member approval: Montana's new domestication statute (§35-8-1404) uses a layered default similar to Mississippi's: first, whatever your LLC's own organic rules (operating agreement) say about approving a domestication; if silent, the LLC's merger-approval rules apply; and if both are silent, approval requires UNANIMOUS consent of all interest holders entitled to vote. Any member who would gain new personal liability as a result of the domestication must individually consent regardless.
What Happens to Your EIN, Contracts, and Formation Date?
Domesticating to Montana preserves your LLC's original formation date — the entity continues, it doesn't restart.
No new EIN is needed. Montana's statute (§35-8-1407, Effect of Domestication) confirms the domesticated entity 'is the same entity without interruption as the domesticating entity,' with property and liabilities continuing unaffected — the IRS treats your EIN as unchanged, though you should update your address on file with the IRS (Form 8822-B) once your Montana registered agent address is set.
All existing contracts, bank accounts, licenses, and pending liabilities carry over automatically — Montana's domestication statute treats the domesticated LLC as the same entity that existed in the old state, not a new one stepping into its shoes.
Do I Need to Close My LLC in My Old State?
No. Montana's new domestication statute doesn't address a requirement to prove formal withdrawal or dissolution from your LLC's prior state as part of the Articles of Domestication filing; that remains a separate step you handle under the old state's own law once Montana confirms the domestication.
If your business keeps operating in the old state after moving its legal home to Montana (an office, employees, or regular in-state activity there), you'll likely need to foreign-qualify in that state instead of maintaining it as your domestic entity — check the old state's foreign-qualification requirements once the move is final.
When Do Montana's Taxes and Filings Start?
Montana's tax and annual-report obligations begin on the date and time the domestication is filed, or a later specified date (capped at 90 days after filing) — Montana requires an annual report filed with the Secretary of State by April 15 each year, and the LLC becomes subject to Montana's pass-through entity tax treatment from the effective date forward.
You'll typically owe a final-year return to your old state covering the period before the domestication took effect, prorated to the conversion date — confirm the exact filing requirement with that state's tax agency, since this varies based on where your prior state was.
Montana's LLC domestication statute is brand new — enacted as Section 2, Chapter 317, Laws of 2025, and codified at MCA §35-8-1401 to -1409. Older content (including some other LLC Attorney guidance and many third-party sites) may still describe Montana as lacking a domestication statute and recommend the older merger workaround — that guidance is now outdated as of this 2025 law. Note Montana also has a separate, older domestication-style provision for corporations at Title 35, Chapter 14, Part 9 (§35-14-920 to -922) — don't conflate the two when researching.
How to Move Your LLC to Montana Step by Step
If You Do It Yourself
Step 1 — Confirm your LLC is in good standing in its current state.
Montana doesn't require this document, but it's still worth confirming your LLC is current before filing.
Step 2 — Get member approval for the move.
Montana's new domestication statute (§35-8-1404) uses a layered default similar to Mississippi's: first, whatever your LLC's own organic rules (operating agreement) say about approving a domestication; if silent, the LLC's merger-approval rules apply; and if both are silent, approval requires UNANIMOUS consent of all interest holders entitled to vote. Any member who would gain new personal liability as a result of the domestication must individually consent regardless.
Step 3 — File the domestication paperwork.
File with Montana Secretary of State, Business Services Division using the Articles of Domestication, Not yet published in a confirmed fee schedule as of this writing — Montana's standard Articles of Organization fee is $35 online / $70 by mail; confirm the exact Articles of Domestication fee directly with the Secretary of State before filing, since this is a very recently enacted statute.
Step 4 — Confirm your EIN and contracts carry over.
No new EIN is needed. Montana's statute (§35-8-1407, Effect of Domestication) confirms the domesticated entity 'is the same entity without interruption as the domesticating entity,' with property and liabilities continuing unaffected — the IRS treats your EIN as unchanged, though you should update your address on file with the IRS (Form 8822-B) once your Montana registered agent address is set. All existing contracts, bank accounts, licenses, and pending liabilities carry over automatically — Montana's domestication statute treats the domesticated LLC as the same entity that existed in the old state, not a new one stepping into its shoes.
Step 5 — Appoint a registered agent in your new state.
Montana calls this role a "Registered Agent" — required before or as part of the domestication filing.
Step 6 — Handle your old state's final obligations.
No. Montana's new domestication statute doesn't address a requirement to prove formal withdrawal or dissolution from your LLC's prior state as part of the Articles of Domestication filing; that remains a separate step you handle under the old state's own law once Montana confirms the domestication. You'll typically owe a final-year return to your old state covering the period before the domestication took effect, prorated to the conversion date — confirm the exact filing requirement with that state's tax agency, since this varies based on where your prior state was.
Step 7 — Update your tax and compliance calendar.
Montana's tax and annual-report obligations begin on the date and time the domestication is filed, or a later specified date (capped at 90 days after filing) — Montana requires an annual report filed with the Secretary of State by April 15 each year, and the LLC becomes subject to Montana's pass-through entity tax treatment from the effective date forward.
Step 8 — Watch for Montana-specific domestication traps.
The most important Montana-specific fact to get right in 2026 is that this domestication statute is new — it didn't exist before the 2025 legislative session. If you're working from older research, a competitor's outdated guide, or general knowledge that predates mid-2025, you may incorrectly believe Montana requires the older form-and-merge workaround. It doesn't anymore. Also don't confuse Montana's LLC domestication statute (Title 35, Chapter 8, Part 14) with the separate, older corporation-only provision at Title 35, Chapter 14, Part 9.
If LLC Attorney Does It for You
- Submit your LLC's current-state details at llcattorney.com — name, formation date, and member information.
- LLC Attorney handles the domestication filing, obtains your Certificate of Good Standing, and serves as your registered agent in Montana once the move is complete.
- Receive confirmation of your completed move, plus access to flat-fee attorney consultations (no retainer) for any old-state wind-down questions.
When Should You Talk to an Attorney About Moving Your LLC to Montana?
Talk to an attorney before domesticating your LLC to Montana if your operating agreement is silent on approval thresholds and you have multiple members (since the statute's default can escalate to unanimous consent), if any member would gain new personal liability as a result of the move, or if you want the exact current filing fee confirmed given how recently this statute was enacted.
What You Actually Get With LLC Attorney's Montana Domestication Service
The part of Montana LLC domestication that trips people up isn't the paperwork — it's that this option barely existed a year ago. LLC Attorney tracks the 2025 statutory change and files under the current, correct process rather than the outdated merger workaround still described on many other sites.
- LLC domestication to Montana, starting at $149.
- Certificate of Good Standing retrieval, filing prep, and registered agent service all handled in one order.
- Old-state withdrawal and final-tax-obligation guidance specific to your prior state — not a generic multi-state template.
- Access to professionally trained Business Success Advisors at no charge, plus flat-fee attorney consultations (no retainer) for move-specific questions.
Moving your LLC's legal home to Montana is now a straightforward direct domestication under the state's new law — LLC Attorney makes sure your filing reflects the current statute, not outdated pre-2025 guidance.
Ready to Move Your LLC to Montana?
LLC Attorney handles the domestication filing for LLCs moving to Montana, starting at $149. See our full pricing for all service tiers.
Frequently Asked Questions
Yes — and this is recent. Montana enacted a genuine LLC domestication statute in 2025 (MCA §35-8-1401 to -1409, Chapter 317, Laws of 2025), so an out-of-state LLC can now become a Montana LLC directly while retaining its original formation date. Older guidance describing Montana as lacking this option is now outdated.
Yes. Domesticating to Montana preserves your LLC's original formation date, EIN, and contracts — only the home state changes, since Montana's statute confirms the domesticated entity continues 'without interruption.'
The exact fee for the Articles of Domestication hasn't been independently confirmed in a published fee schedule as of this writing, since the statute is very new — Montana's standard Articles of Organization fee is $35 online / $70 by mail as a reference point; confirm the domestication-specific fee directly with the Secretary of State before filing.
No. Your EIN stays the same — domestication continues the same legal entity rather than creating a new one. Update your address with the IRS via Form 8822-B once your Montana registered agent is set.
Montana's domestication statute doesn't require proof of withdrawal from your old state as part of its own filing, but you'll typically still need to close out your obligations in your prior state under its own law once Montana's domestication is confirmed.
Montana's obligations begin as soon as the domestication is effective (or a later date specified, capped at 90 days out), including the state's annual report due each year by April 15.
It depends on your operating agreement first; if that's silent, Montana's merger-approval rules apply; and if both are silent, unanimous consent of all interest holders is required. Any member gaining new personal liability from the move must individually consent regardless.
Typically 5-6 business days for standard Montana Secretary of State processing, with 24-hour expedited service available for $20 extra or 1-hour expedited service for $100 extra.
Yes. LLC Attorney handles the domestication filing for LLCs moving to Montana, starting at $149.