LLC Amendment and Legal-Name-Change Filing Requirements in Montana

At a glance

Requirements one by one

Amendment and restatement are separate $15 filings

MCA § 35-8-203 permits an LLC to amend its articles as desired, so long as the result contains only currently lawful provisions. Articles of amendment state the LLC name, original filing date, and amendment and must use the Secretary of State's designated form and manner.

Restated articles may be filed at any time. Their heading must designate them as restated, and the heading or introduction states the present name, every former name if changed, and original filing date. The restatement supersedes the original articles and prior amendments. Section 35-8-203 does not say that a restatement itself may make a new amendment, so use the amendment route for new changes.

The new legal name must satisfy § 35-8-103

The name needs an LLC designator and cannot imply that the company is another entity type. It must be distinguishable from the protected entity, assumed business name, trademark, service-mark, and other name records listed in § 35-8-103.

That section sends name-use and contest questions to § 35-14-401. Its relevant routes include consent with an undertaking to change the conflicting name, a certified judgment, merger, reorganization, asset acquisition, or written permission filed with the Secretary of State.

All members consent by default, but governing documents may change it

Current MCA § 35-8-307(3)(c), as amended in 2025, expressly places an articles amendment among the matters requiring all-member consent. The opening language allows the articles of organization or operating agreement to provide otherwise. Action may be taken without a meeting, and a member may appoint a signed proxy.

The filing signature is a separate question. Preserve the governing documents and approval record rather than treating one manager's or member's portal signature as the vote.

Signer depends on management structure

MCA § 35-8-204 assigns a manager-managed LLC filing to any manager and a member-managed LLC filing to a member. A court-appointed fiduciary may sign for an LLC in fiduciary hands. The signer supplies name and capacity.

An attorney-in-fact may execute the document, and the power of attorney need not be shown to or filed with the Secretary of State.

Filing is online and costs $15

The Secretary of State directs an existing LLC to search its online business record and choose the needed form under Filing Actions. The current fee schedule lists $15 each for articles of amendment, restated articles of organization, and articles of correction. Optional processing costs $20 for 24-hour service or $100 for one-hour service.

The act states no delayed amendment or restatement date

MCA § 35-8-205 requires delivery and paid, conforming documents. The Secretary endorses the word “filed” plus the acceptance date and time, retains the record, and sends a certification letter. If conformity cannot be decided immediately, a later favorable determination relates filing back to delivery.

Section 35-8-201 expressly mentions a delayed effective date for formation. Sections 35-8-203 and -205 do not extend that authority to an amendment or restatement. Treat the accepted filing date and time as governing unless the Secretary identifies another current statutory procedure.

Correction, agent, report, and assumed name have their own routes

MCA § 35-8-215 uses articles of correction for a false or erroneous statement or defective signature. The correction describes the record, filing date, and problem and supplies the corrected statement or signature. It generally relates back, except against a relying person adversely affected by retroactivity.

MCA § 35-7-108 provides a separate no-fee agent-change statement, requires no interest-holder or governor approval, and makes the change effective on filing. Amendment of the most recent agent filing is an alternative.

The annual report carries agent, principal-office, management, member/manager, and certain series/professional information. A different business-use name requires the separate assumed-business-name registration under § 30-13-203; the current fee is $20.

Preserve the public and internal records

Unless the articles or a written operating agreement provide otherwise, MCA § 35-8-405 requires the LLC to keep its articles and every amendment, written signing powers, and written operating agreements and amendments at its principal place of business.

The accepted Montana filing changes or consolidates the public articles. It does not itself revise tax, license, bank, contract, property-title, trademark, assumed-name, or foreign-registration records.

What trips people up

Montana's 2025 amendment to § 35-8-307 matters. Older summaries may omit the express all-member default for an articles amendment or miss that the articles and operating agreement can replace that default.

Common questions

Can restated articles include a new name change?

Section 35-8-203 authorizes restatement and separately authorizes amendment. It does not say a restatement itself effects a new amendment. Use articles of amendment for the name change and then restate if consolidation is also wanted.

Does Montana permit a delayed effective date for the amendment?

The LLC Act expressly permits a delayed date for formation in § 35-8-201 but does not state one for amendment or restatement in §§ 35-8-203 and -205. The filing endorsement supplies the accepted date and time.

Statutes and sources

• MCA §§ 35-8-103, -109, -201, -203 to -205, -208, -215, -307, and -405 — name, amendment, restatement, approval, signer, filing, correction, report, and records. Official Chapter 8 index (accessed August 21, 2026).
• MCA § 35-7-108 — registered-agent change. Official section (accessed August 21, 2026).
• MCA § 30-13-203 — assumed-business-name alternative. Official section (accessed August 21, 2026).
• Montana Secretary of State — current business filing guidance and fee schedule (accessed August 21, 2026).