ASSUMED BUSINESS NAME REGISTRATION & PUBLICATION NOTICE

(State of Montana)

[// GUIDANCE: This template is designed for use by Montana–licensed counsel when preparing a combined (i) Assumed Business Name (“ABN”) registration filing package for submission to the Montana Secretary of State and (ii) companion newspaper publication notice and affidavit. It tracks the requirements of Mont. Code Ann. Title 30, Chapter 13 (Assumed Business Names) as in effect on the date set forth below. Customize every bracketed PLACEHOLDER before use.]

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DOCUMENT INFORMATION

• Effective Date: [EFFECTIVE DATE]
• Governing Law: State of Montana (see Mont. Code Ann. tit. 30, ch. 13 (2023))
• Filing Authority: Montana Secretary of State (“SOS”)
• Forum Selection (for any dispute concerning this Notice): State district court located in [COUNTY], Montana.
• Renewal Deadline: 5-year anniversary of SOS filing date (unless the SOS accelerates or modifies by rule).

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TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation (Intentionally Omitted)
VIII. Dispute Resolution (Limited)
IX. General Provisions
X. Execution Block
XI. Publisher’s Affidavit of Publication

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I. DOCUMENT HEADER

1.1 Parties.
 (a) Registrant/Owner: [OWNER LEGAL NAME], a [SPECIFY ENTITY TYPE; e.g., Montana limited liability company] (“Owner”).
 (b) Assumed Business Name: [ASSUMED BUSINESS NAME] (“ABN”).

1.2 Recitals.
 A. Owner desires to engage in business in the State of Montana under the ABN.
 B. Pursuant to Mont. Code Ann. § 30-13-201 et seq., Owner is required to file an Application for Registration of Assumed Business Name with the SOS and, as a matter of prudent public notice, publish the ABN in a newspaper of general circulation in the county where the principal place of business is located.
 C. This Notice is executed to satisfy those objectives.

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II. DEFINITIONS

The following capitalized terms have the meanings indicated below. Terms defined in this Section II and used elsewhere without definition have the same meanings. Singular includes plural and vice-versa.

“ABN” – The Assumed Business Name [ASSUMED BUSINESS NAME] identified in Section 1.1(b).

“Business Address” – [STREET ADDRESS, CITY, STATE & ZIP].

“County of Principal Business” – [COUNTY], Montana.

“Effective Date” – [EFFECTIVE DATE].

“Owner” – The registrant identified in Section 1.1(a).

“Publication Period” – At least once per week for four (4) consecutive weeks commencing within thirty (30) days after the Effective Date, unless a different period is mandated by local rule or SOS guidance.

“Renewal Deadline” – 11:59 p.m. Mountain Time on the date that is five (5) years minus one (1) day after the SOS filing date for the ABN (see Mont. Code Ann. § 30-13-217).

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III. OPERATIVE PROVISIONS

3.1 SOS Filing.
 (a) Owner shall file the Application for Registration of Assumed Business Name on SOS Form ABN-1 (or successor form) on or before the Effective Date.
 (b) Owner shall remit all fees prescribed by the SOS.

3.2 Publication.
 (a) Within the Publication Period, Owner shall cause this Notice (or a summary advertisement containing the information required under Mont. Code Ann. § 30-13-202(1)) to be published in [PUBLICATION NEWSPAPER NAME], a newspaper of general circulation in the County of Principal Business.
 (b) Immediately upon completion of publication, Owner shall obtain from the newspaper an Affidavit of Publication substantially in the form attached hereto as Section XI and retain it with Owner’s business records.

3.3 Renewal.
 (a) No later than the Renewal Deadline, Owner shall file with the SOS an Assumed Business Name Renewal on SOS Form ABN-R (or successor form) and pay the requisite renewal fee.
 (b) Failure to renew may result in administrative termination of the ABN (see Mont. Code Ann. § 30-13-217(4)).

3.4 Amendments.
 Owner shall promptly file an amendment with the SOS upon any change in (i) ABN, (ii) Owner name, (iii) Business Address, or (iv) business structure, in each case within thirty (30) days after such change becomes effective.

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IV. REPRESENTATIONS & WARRANTIES

Owner represents and warrants to all persons who may rely on this Notice that, as of the Effective Date:

4.1 Authority. Owner has full power and authority to adopt and use the ABN in Montana.

4.2 No Conflict. Use of the ABN does not infringe any registered trademark or service mark known to Owner after reasonable investigation.

4.3 Accuracy. All information contained in this Notice and in the SOS filing is true, correct, and complete in all material respects.

4.4 Survival. The foregoing representations and warranties survive SOS acceptance and publication for so long as the ABN remains in effect.

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V. COVENANTS & RESTRICTIONS

5.1 Compliance Covenant. Owner shall at all times comply with Mont. Code Ann. tit. 30, ch. 13 and all SOS rules relating to assumed business names.

5.2 Notice of Change. Owner shall give written notice to the SOS and, if required, republish this Notice upon any change referred to in Section 3.4.

5.3 Use Restriction. Owner shall not use the ABN for any unlawful or fraudulent purpose.

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VI. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute Events of Default:
 (a) Owner’s failure to renew the ABN by the Renewal Deadline;
 (b) Material inaccuracy in any representation under Section IV; or
 (c) Owner’s failure to cure any breach of Section V within thirty (30) days after written notice thereof.

6.2 Remedies. Upon any Event of Default, any interested party may (i) petition the SOS for administrative cancellation of the ABN and/or (ii) seek equitable or legal relief in a court of competent jurisdiction in the County of Principal Business.

6.3 Attorney Fees. The prevailing party in any action arising out of or relating to this Notice is entitled to recover its reasonable attorney fees and costs.

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VII. RISK ALLOCATION

(Intentionally Omitted – Metadata indicates no indemnification, liability caps, or insurance requirements applicable.)

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VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Notice is governed by and construed in accordance with the laws of the State of Montana, without regard to its conflict-of-laws principles.

8.2 Forum Selection. Any dispute arising under or relating to this Notice shall be brought exclusively in the state district court located in [COUNTY], Montana.

8.3 Arbitration & Jury Waiver. Not applicable per metadata.

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IX. GENERAL PROVISIONS

9.1 Amendments. This Notice may be amended only by written instrument signed by Owner and, if filed, accepted by the SOS.

9.2 Assignment. Owner may not assign its rights in the ABN except as permitted under Mont. Code Ann. § 30-13-211 and upon SOS filing of an assignment.

9.3 Severability. If any provision of this Notice is held unenforceable, the remaining provisions remain in full force.

9.4 Entire Agreement. This Notice, together with any SOS filings and the Affidavit of Publication, constitutes the entire agreement and understanding concerning the ABN.

9.5 Counterparts & Electronic Signatures. This Notice may be executed in counterparts, each of which is deemed an original, and signatures transmitted electronically (e.g., PDF, DocuSign) are effective.

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X. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned executes this Notice as of the Effective Date.

[OWNER LEGAL NAME]
By: ________
Name: [SIGNATORY NAME]
Title: [TITLE]
Date: [DATE]

[// GUIDANCE: Add notarial block below if county publication or SOS requires notarization.]

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XI. PUBLISHER’S AFFIDAVIT OF PUBLICATION

STATE OF MONTANA )
: ss.
COUNTY OF [COUNTY] )

I, [AFFIANT NAME], being first duly sworn, depose and say:

1. I am the [TITLE/POSITION] of [PUBLICATION NEWSPAPER NAME], a newspaper of general circulation published in [COUNTY], Montana.

2. The attached Notice titled “Assumed Business Name Registration & Publication Notice (State of Montana)” concerning [ASSUMED BUSINESS NAME] was published in said newspaper once each week for four (4) consecutive weeks on the following dates:

• [DATE 1]  • [DATE 2]
 • [DATE 3]  • [DATE 4]

3. A printed copy of each publication is attached hereto.

[AFFIANT SIGNATURE]
[AFFIANT NAME]

Subscribed and sworn before me this ___ day of _, 20.

Notary Public for the State of Montana
Residing at: ___
My commission expires: ______

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END OF DOCUMENT