Nonprofit Corporation Formation Filing in Montana

At a glance

Requirements one by one

Under § 35-2-212, one or more persons deliver articles to the Secretary of State.

Name and purpose

Section 35-2-305 requires a generally distinguishable name that does not misstate the entity type. Under § 35-2-213(2)(a), a purpose clause is optional and may include any lawful activity.

Member and entity statements

Section 35-2-213(1) requires a public benefit, mutual benefit, or religious election; a yes-or-no member statement; and lawful dissolution asset terms.

Directors

The first directors may be named in the articles under § 35-2-213(2)(b), but each named director must sign under subsection (4). If none is named, § 35-2-216(1)(b) has the incorporators elect directors at an organizational meeting.

Agent and signatures

The articles include the agent information specified by § 35-7-105(1), which distinguishes commercial from noncommercial agents. Under subsection (2), appointment affirms consent. Each incorporator signs the articles under § 35-2-213(4), and § 35-2-119(6) requires the signer's name and capacity.

Fee and existence

Section 35-2-1003 authorizes the Secretary of State to set filing fees; the current nonprofit articles fee is $20. Under § 35-2-214(1), existence begins when the state files the articles unless delayed. Section 35-2-121(2) caps a delayed effective date at 90 days after filing.

What trips people up

Naming the initial directors adds their signatures to the articles under § 35-2-213(4). A purpose clause is optional, but the dissolution asset provision is mandatory under § 35-2-213(1)(f).

Common questions

Must the articles say whether there are members? Yes. Section 35-2-213(1)(e) requires that statement.

Does the agent submit a separate consent? Section 35-7-105(2) treats appointment as the corporation's affirmation that the agent consented.

Statutes and sources

• Mont. Code Ann. § 35-2-212: “One or more persons may act as the incorporator or incorporators of a corporation by delivering articles of incorporation to the secretary of state for filing.” Official source (accessed 2026-10-01).

• Mont. Code Ann. § 35-2-213(1): “The articles of incorporation must set forth: (a) a corporate name for the corporation that satisfies the requirements of 35-2-305 ; (b) a statement that: (i) the corporation is a public benefit corporation; (ii) the corporation is a mutual benefit corporation; or (iii) the corporation is a religious corporation; (c) the information required by 35-7-105 (1); (d) the name and business mailing address of each incorporator; (e) whether or not the corporation will have members; and (f) provisions consistent with law regarding the distribution of assets on dissolution.” Official source (accessed 2026-10-01).

• Mont. Code Ann. § 35-2-213(2)(a)–(b): “The articles of incorporation may set forth: (a) the purpose or purposes for which the corporation is organized, which may be, either alone or in combination with other purposes, the transaction of any lawful activity; (b) the names and business mailing addresses of the individuals who are to serve as the initial directors;” Official source (accessed 2026-10-01).

• Mont. Code Ann. § 35-2-213(4): “Each incorporator and director named in the articles shall sign the articles.” Official source (accessed 2026-10-01).

• Mont. Code Ann. § 35-2-216(1)(b): “if initial directors are not named in the articles, the incorporator or incorporators shall hold an organizational meeting at the call of a majority of the incorporators: (i) to elect directors and complete the organization of the corporation; or (ii) to elect a board of directors who shall complete the organization of the corporation.” Official source (accessed 2026-10-01).

• Mont. Code Ann. § 35-2-305(1)–(2): “A corporate name may not contain business name identifiers, as defined in 30-13-201 , or other language that states or implies that the corporation is an entity other than a nonprofit corporation.” Official source (accessed 2026-10-01).

• Mont. Code Ann. § 35-2-305(2): “Except as authorized by subsections (3) and (4), a corporate name must be distinguishable in the records of the secretary of state from:” Official source (accessed 2026-10-01).

• Mont. Code Ann. § 35-7-105(1): “A registered agent filing must state: (a) the name of the represented entity's commercial registered agent; or (b) if the entity does not have a commercial registered agent, the name and address of the entity's noncommercial registered agent.” Official source (accessed 2026-10-01).

• Mont. Code Ann. § 35-7-105(2): “The appointment of a registered agent pursuant to subsection (1)(a) or (1)(b) is an affirmation by the represented entity that the agent has consented to serve as a registered agent.” Official source (accessed 2026-10-01).

• Mont. Code Ann. § 35-2-119(5)(a)(ii), (6): “The person executing the document shall sign the document and state beneath or opposite the signature the person's name and the capacity in which the person signs.” Official source (accessed 2026-10-01).

• Mont. Code Ann. § 35-2-1003(1): “The secretary of state shall establish fees for the following: (a) filing documents and issuing certificates as required by this chapter;” Official source (accessed 2026-10-01).

• Mont. Secretary of State nonprofit articles fee: “Articles Of Incorporation – Non-profit Corporation $20.00” Official source (accessed 2026-10-01).

• Mont. Code Ann. § 35-2-214(1): “Unless a delayed effective date is specified, the corporate existence begins when the articles of incorporation are filed by the secretary of state.” Official source (accessed 2026-10-01).

• Mont. Code Ann. § 35-2-121(2): “A document may specify a delayed effective time and date, and if it does so the document becomes effective at the time and date specified. If a delayed effective date but no time is specified, the document is effective at the close of business on that date. A delayed effective date for a document may not be later than 90 days after the date it is filed.” Official source (accessed 2026-10-01).