Montana: Assumed-Name (DBA) Registration Requirements

verified against the statute 2026-07-26 10 statute sources

The short answer

Yes. A person transacting business in Montana under a name other than the person's full, true, and correct name must register the assumed business name with the Secretary of State. Registration costs $20, requires no newspaper publication, lasts five years, and must be renewed during the final 90 days for another five-year term.

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This is the general rule in Montana. Ezel applies current Montana law to your specific facts and answers with citations to the statutes.

Governing law and schemeMont. Code Ann. §§ 30-13-201 to -217 — mandatory statewide assumed-business-name registration
Who must registerAny individual, partnership, corporation, LP, LLC, LLP, or other association transacting business under a name other than its full, true, and correct name (§§ 30-13-201, -203)
Filing officeMontana Secretary of State (§§ 30-13-203 to -204)
Filing deadlineNo numeric day-count. A person transacting business under the assumed name must register (§ 30-13-203)
Publication requirementNone. Part 2 requires a Secretary of State application but no newspaper notice
Filing fee$20 registration; $20 renewal; $20 amendment; cancellation has no fee (Secretary of State fee schedule; § 30-13-217)
Term and renewal5 years; renew for another 5 years during the final 90 days or the Secretary of State cancels the registration (§ 30-13-206)
Name exclusivityRegistry-level protection: the Secretary of State rejects a name that is the same as or not distinguishable from specified registered or reserved names and marks; another business may contest registration (§ 30-13-202)
Penalty for noncomplianceA person doing business without an effective certificate may not maintain a Montana court suit or action under that assumed name (§ 30-13-215); missed required amendments cause cancellation (§ 30-13-210)

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Requirements one by one

Registration is statewide and mandatory

Mont. Code Ann. § 30-13-201 defines an assumed business name as any business
name other than a person's “full, true, and correct name.” “Person” includes an
individual, partnership, corporation, LP, LLC, LLP, or other association.
Section 30-13-203 then says a person transacting business under such a name
“shall register with the secretary of state.”

The application identifies the applicant and business mailing address, the
complete proposed name, and the business conducted under it. The statute gives
no separate number of days after business begins; the duty attaches to
transacting business under the assumed name.

The filing costs $20 and requires no publication

The Secretary of State's current fee schedule charges $20 for initial
registration, $20 for renewal, and $20 for an amendment. Cancellation
has no fee. Mont. Code Ann. § 30-13-217 authorizes the Secretary of State to set
and collect the filing fees.

Part 2 requires filing with the Secretary of State but contains no newspaper-
publication or proof-of-publication step.

Registration lasts five years

Under Mont. Code Ann. § 30-13-206, registration lasts five years from the
registration date and may be renewed for another five years. The Secretary of
State must send notice at least 90 days before expiration. The registrant must
file during the final 90-day period or the Secretary of State cancels the
registration.

The registry screens names

Mont. Code Ann. § 30-13-202 bars registration of a proposed name that is the
same as or not distinguishable on the record from specified registered or
reserved assumed names, entity names, trademarks, and service marks. The
applicant also may not use an entity identifier that misstates the business's
entity type. A person doing business in Montana may use the statutory contest
procedure against a registration.

Missing registration blocks suit under the name

Mont. Code Ann. § 30-13-215 says a person doing business without an effective
certificate may not maintain a Montana court suit or action under that assumed
name. The section states a litigation disability; it does not say the business's
underlying contracts become void.

What trips people up

  • Renewal belongs in the final 90 days. The five-year term does not create
    an open-ended grace period after expiration; § 30-13-206 directs cancellation
    if the renewal is not filed during the 90 days before expiration.
  • Changes have their own deadline. Section 30-13-209 gives one year after a
    change in owners or interested persons, the business description, a
    withdrawal or death, or the assumed name itself. Failure to comply with the
    amendment requirements causes cancellation under § 30-13-210.
  • Name screening is broader than assumed names. The Secretary of State also
    compares the proposed name with specified entity names and registered or
    reserved marks.

Common questions

Does an individual using a full legal name need this filing?

Not under Part 2's assumed-name definition. The trigger is a business name other
than the person's full, true, and correct name.

Does Montana require a newspaper notice?

No. The assumed-business-name statutes require the Secretary of State filing
but contain no publication or affidavit step.

How often must the registration be renewed?

Every five years. File the renewal during the final 90 days before expiration.

Can I sue under an unregistered DBA?

Section 30-13-215 bars maintaining a Montana court suit or action under the
assumed name without an effective certificate.

Statutes and sources

  • Mont. Code Ann. §§ 30-13-201 through -204 — assumed-name and person
    definitions, mandatory Secretary of State application, contents, name
    screening, and issuance of the certificate. § 30-13-201; § 30-13-202; § 30-13-203; § 30-13-204 (accessed 2026-07-26).
  • Mont. Code Ann. §§ 30-13-206 through -210 — five-year term, final-90-day
    renewal, renewal certificate, one-year amendment deadline, and cancellation
    for missed amendment requirements. § 30-13-206; § 30-13-207; § 30-13-208; § 30-13-209; § 30-13-210 (accessed 2026-07-26).
  • Mont. Code Ann. § 30-13-215 — suit bar for doing business without an
    effective assumed-name certificate. Official statute (accessed 2026-07-26).
  • Mont. Code Ann. § 30-13-217 and Montana Secretary of State fee schedule
    fee-setting authority and current $20 registration, renewal, and amendment
    charges. Official statute; official fee schedule (accessed 2026-07-26).

Source links

Every statute quoted above, linked, with the date we checked it.

Mont. Code Ann. § 30-13-201 · accessed 2026-07-26
Mont. Code Ann. § 30-13-202 · accessed 2026-07-26
Mont. Code Ann. § 30-13-203 · accessed 2026-07-26
Mont. Code Ann. § 30-13-204 · accessed 2026-07-26
Mont. Code Ann. § 30-13-206 · accessed 2026-07-26
Mont. Code Ann. § 30-13-209 · accessed 2026-07-26
Mont. Code Ann. § 30-13-210 · accessed 2026-07-26
Mont. Code Ann. § 30-13-215 · accessed 2026-07-26
Mont. Code Ann. § 30-13-217 · accessed 2026-07-26
This page is general legal information about registering an assumed or fictitious business name (a DBA), not legal advice about a particular name, filing, bank-account requirement, contract, or dispute. It does not cover forming a corporation or LLC, reserving an entity name, or registering a trademark, and a DBA filing does not by itself protect a name against use by others. County fees and agency forms can change without a statutory amendment; local business-license and tax rules may add separate filings. Use the current official forms and ask the filing office or a qualified attorney about a specific name or business.

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