Assumed-Name (DBA) Registration Requirements in Montana
At a glance
| Governing law and scheme | Mont. Code Ann. §§ 30-13-201 to -217 — mandatory statewide assumed-business-name registration |
|---|---|
| Who must register | Any 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 office | Montana Secretary of State (§§ 30-13-203 to -204) |
| Filing deadline | No numeric day-count. A person transacting business under the assumed name must register (§ 30-13-203) |
| Publication requirement | None. 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 renewal | 5 years; renew for another 5 years during the final 90 days or the Secretary of State cancels the registration (§ 30-13-206) |
| Name exclusivity | Registry-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 noncompliance | A 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) |
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.
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