Montana offers entrepreneurial-minded people a great deal of latitude in terms of acquiring a “doing business as” name. Commonly referred to as a DBA in Montana, an assumed business name allows companies and individuals to conduct profit-driving endeavors under a memorable moniker. If you start a business, a legally recognized business entity such as a corporation or limited liability company (LLC) can garner significant benefits by filing for and acquiring a DBA Montana residents and visitors remember.
It’s also possible for sole proprietors and partnerships to secure an assumed business name without a state-sanctioned company. If you are considering launching a startup in Montana or want to onboard a DBA to better distinguish the organization or its goods and services, the following information could prove invaluable.
To say the strategies surrounding Montana DBAs and the process of establishing one are complicated might be something of an understatement. For all intensive and practical purposes, a Montana DBA can serve as a secondary label that is separate and distinct from the primary business entity. If you file an LLC in Montana called “Store ABC,” the DBA can be added and used to garner attention by calling it something along the lines of “The Everything All The Time Store.” You get the gist.
That being said, organizations do not have to apply for a DBA in Montana. You can operate under the same moniker as your LLC or the surname often used by sole proprietorships. In fact, go-getters who perform essential services can form an LLC, work under their own name and adopt a DBA in Montana under either scenario. Depending on your operation and long-term goals, filing the paperwork needed to onboard a fictitious name could prove highly beneficial.
The benefits of a DBA in Montana are inextricably linked to the organization’s goals. The fictitious name that an industry leader registers in Big Sky Country helps lay the groundwork for a variety of important strategies. These are among the top reasons that decision-makers work their way through the sometimes tedious process of acquiring a DBA Montana, which they believe will stand out to residents and visitors.
Perhaps the most consequential disadvantage of working under a DBA is that it does not provide the legal protection of an LLC, corporation, or another legal business entity. In these cases, partnerships and sole proprietors get the right to use an assumed business name by filing with the state. However, a Montana DBA alone does not insulate working people from lawsuits that could target personal wealth and assets. These are other disadvantages of a DBA worth considering.
The consequences of operating a DBA in Montana without first registering with the state can severely impact your enterprise and personal life. Operating an unsanctioned DBA may prohibit you from filing a civil lawsuit for business-related losses. Contracts written under the assumed name may not be enforceable, and people and legitimate business entities can file lawsuits against you personally. The state may also subject non-compliant DBA users to financial penalties as well as shutting down the operation.
One of the qualitative injuries self-starters suffer involves reputational damage. When a DBA user gets fined by the state or shuttered for acting like a scofflaw, a tarnished reputation can prove insurmountable.
One of the concerns that tends to hold people back from acquiring a Montana DBA revolves around taxation. Some worry that adding a fictitious name means they will be liable for another layer of taxes. Nothing could be further from the truth. Other than incurring the nominal cost of adding the DBA to checks and promotional materials, your business taxes remain static. Only business entities and people are responsible for paying taxes.
The vast majority of states impose general DBA name restrictions, and some are unique to the landscape. Montana mandates that all fictitious names are unique and distinguishable from other companies. You cannot add qualifying words such as “LLC,” “Bank,” “Trust,” or “Corp” to set it apart from other enterprises. Federal trademarks and obscenities are generally prohibited as well.
The first step in adopting an assumed business name is to start a running list of options. You’ll likely discover that many of the popular or high-visibility aliases have already been taken. Prioritize your list and run the names through the search engine on the Montana Secretary of State business services page. The Montana Business Search will reveal which names are reserved. You can then check the DBA possibility on the Montana Trademark Search and the U.S. Patent and Trademark Offices Trademark Electronic Search System.
Once you have identified a DBA that meets state guidelines and is available, these steps will help you complete the process.
First, you need to create an Account on the Secretary of State’s platform.
Complete the form called Registration of Assumed Business Name. If you plan to register an LLC in Montana, file the Articles of Organization before the DBA.
The standard electronic filing fee is $20. For 24-hour processing, add another $20. If you need it completed in one hour or less, the cost is $100 to get a certificate.
Although using the Montana Secretary of State portal saves time and energy, it’s feasible to send the form via snail mail. Include a $20 check or money order and mail the documents to this address.
Montana Secretary of State
P.O. Box 202801
Helena, MT 59620-2801
It may be necessary to publish your DBA in local newspapers or media outlets. Check with your clerk’s office regarding any municipal requirements.
Acquiring a DBA in Montana opens a wealth of opportunities for entrepreneurs and businesses throughout the state. The fictitious names help promote goods and services as organizations thrive and expand. You can name a new wing of your enterprise to highlight that facet and develop branding and marketing strategies. Overall, using an assumed business name is a strategic element that can be leveraged to achieve goals and drive profits.
If you are thinking about onboarding one or more Montana DBAs, there are professional support platforms that can handle the tedious process and bureaucracy. Working with an online organization that secures DBAs on a routine basis streamlines the process, avoids missteps, and allows industry leaders to focus on profit, growth, and goal achievement.
The short answer is: No. You do not need a DBA in Montana if you own and operate a venture under your personal name. If you decide to name the goods and services you provide, the state requires you to have a registered DBA. That being said, it’s typically in someone’s best interest to form an LLC to protect personal assets from business mishaps.
The state requires DBA renewals every five years at a cost of $20 per assumed business name. It’s important to renew your DBA within a 90-day expiration window. Failing to do so will result in the DBA being canceled. When that happens, it becomes available to whoever registers it next.
Yes. It’s common for professionals to make DBA changes, particularly when updating their business entity structure. Changing a DBA comes with a $20 processing fee in Montana.
This portion of our website is for informational purposes only. Tailor Brands is not a law firm, and none of the information on this website constitutes or is intended to convey legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness. It also does not indicate any affiliation between Tailor Brands and any other brands, services or logos.
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