LLC Name Reservation Requirements in Montana
At a glance
| Governing law and optional reservation scope | Optional domestic or foreign LLC-name reservation under MCA § 35-8-104; LLC name standard in § 35-8-103 |
|---|---|
| Who may apply and for which LLC or series name | Four routes: prospective domestic LLC, existing domestic or registered foreign LLC adopting name, foreign LLC seeking registration, or prospective foreign LLC (§ 35-8-104(1)); no separate series-name route stated |
| Name availability, designator, distinguishability, and consent | SOS checks availability; LLC designator and record distinction from entities, reserved names, assumed names, and marks (§§ 35-8-103, -104); § 35-14-401 cross-reference supplies specified name-use exceptions |
| Application, signer, form, and filing office | Applicant executes application for specified name and files with Secretary of State (§ 35-8-104(2)); conforming, paid document is endorsed and retained (§ 35-8-205) |
| Reservation, renewal, transfer, and cancellation fees | $10 reservation; SOS fee schedule lists no fee for transfer or cancellation of name reservation (§ 35-8-205; SOS schedule) |
| Term, start date, and statutory exclusive use | Exclusive use for nonrenewable 120 days from date application filed; transfer cannot extend term (§ 35-8-104(2)-(3)) |
| Renewal, filing window, and repeat limits | Statute expressly calls 120-day reservation nonrenewable; no renewal window or successive-reservation rule stated (§ 35-8-104(2)) |
| Transfer notice, signer, and transferee details | Applicant executes and files transfer notice stating reserved name plus transferee name/address; no term extension (§ 35-8-104(3)); SOS lists no fee |
| Cancellation, withdrawal, revocation, and scope of name rights | Section 35-8-104 states no cancellation or revocation procedure; SOS schedule lists no cancellation fee. Hold does not form or register LLC or determine trademark/domain or actual-use rights |
Requirements one by one
Who may apply
MCA § 35-8-104(1) lists four routes: a person planning a domestic LLC, an existing domestic or registered foreign LLC adopting a name, a foreign LLC planning Montana registration, and a person planning to organize and register a foreign LLC. The section names no separate series-name reservation route. This is an optional preliminary hold, not the filing that forms or registers the company.
Name and filing
Under § 35-8-103, a domestic LLC name needs an LLC designator and must be distinguishable in the Secretary of State's records from the listed existing and reserved entity names, assumed names, and registered marks. Section 35-8-104(2) makes the Secretary of State's availability finding the condition for a reservation. Section 35-8-103(3)-(4) points to § 35-14-401(3)-(4) for name use and contests; that cross-reference includes consent, judgment, merger, reorganization, asset-acquisition, and written-permission paths, but a reservation application does not itself establish one of them.
The applicant executes an application for a specified name and files it with the Secretary of State (§ 35-8-104(2)). MCA § 35-8-205(1) calls for a conforming, paid document and directs the office to endorse its filing date and time. Section 35-8-104 does not specify additional application fields or a paper-versus-online method.
Fee, duration, and transfer
The Secretary of State's current schedule lists $10 for an LLC name reservation and no fee for transfer or cancellation of a name reservation. The statute gives the applicant exclusive use for a nonrenewable 120 days from filing (§ 35-8-104(2)). It does not supply a renewal window or a successive-reservation rule.
The current applicant may transfer the reservation by an executed notice filed with the Secretary of State that identifies the reserved name and the transferee's name and address (§ 35-8-104(3)). The last sentence expressly says a transfer does not extend the 120-day period.
What trips people up
The clock runs from the date the application is filed, and the same end date survives a transfer (§ 35-8-104(2)-(3)). The Secretary of State's fee schedule lists a cancellation transaction, but § 35-8-104 itself states no cancellation or agency-revocation procedure. Confirm the office's current process before relying on one. Name reservation also does not decide trademark ownership, domain rights, actual use, or formation and registration status.
Common questions
Can a foreign LLC reserve a name before registering in Montana?
Yes. Section 35-8-104(1)(c) includes a foreign LLC intending to register and adopt the name; subsection (d) separately includes a person who plans to organize and register a foreign LLC.
Can the transferee restart the 120 days?
No. Section 35-8-104(3) expressly says transfer may not extend the reservation term.
Statutes and sources
The current official MCA § 35-8-104 supplies eligibility, filing, term, and transfer. MCA § 35-8-103 states the LLC name rule and cross-reference; § 35-14-401 supplies the referenced name-use paths; § 35-8-205 states the general filing gate. The Secretary of State fee schedule lists the current charges. All sources were accessed September 23, 2026; the operative text is quoted in the source records above.
Source links
Every statute quoted above, linked, with the date we checked it.
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