Montana LLC Operating Agreement

Single-member or multi-member operating agreement under your state's LLC act: ownership, management, capital, distributions, transfers and dissolution.

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Montana rules that this document follows

LLC statuteMontana Limited Liability Company ActSource: Mont. Code § 35-8-101 et seq.
Operating agreement required?Not required by statute, but strongly recommended (may be oral; written is far safer)Source: Mont. Code § 35-8-102 (operating agreement may be written or oral)
Formation fee$35.00
Annual report$20.00 — Annual report due Apr. 15Source: Mont. Code § 35-8-208
Charging order exclusive remedy (SMLLC)unclearSource: Mont. Code §§ 35-8-403 (majority of members), 35-8-601 (distributions per contributions), 35-8-705 (charging order)

Rules current as of 2026-09-07. Statutes change; verify before relying on them.

How to use this LLC Operating Agreement in Montana

Sign the agreement as soon as the LLC is formed and before opening the bank account. Fill Schedule A with actual contributions — the percentages drive profits, votes and buy-outs. Multi-member LLCs should agree on the buy-out formula now, while everyone is friendly.

Review annually and whenever a member joins, leaves, marries, or the tax election changes. Keep it with the articles, EIN letter and annual report receipts.

Frequently asked questions

Is an operating agreement required in Montana?

Not by statute (Mont. Code § 35-8-102 (operating agreement may be written or oral)). Banks, investors and courts expect a written agreement, and a single-member LLC without one is easier to pierce.

What are the ongoing state fees for an LLC in Montana?

Annual/periodic report: $20.00 (Annual report due Apr. 15; Mont. Code § 35-8-208).

Does the operating agreement get filed with the state?

No. It is an internal document. Keep the signed original with the Company records; banks and the IRS may ask for a copy.

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FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.