Montana No Longer Requires Certificates of Existence

On February 18, 2015, the state of Montana passed Senate Bill No. 35, which eliminates the Certificate of Existence requirement for foreign business entities. Instead, businesses qualifying in Montana will affirm “a statement that the foreign corporation has complied with the organizational laws in the jurisdiction in which it is organized and that the foreign corporation exists in that jurisdiction.”

However, it is still important to comply with Montana (and other states’) requirements. Declaring that your business is in good standing in its home state, when it’s really not, can land your business (and yourself) in hot water.

For our legally-inclined readers, you can find the full law linked here, with changes to the existing law underlined.

In other words, if you are applying for a Montana Certificate of Authority, you no longer have to contact your home state to retrieve a Certificate of Existence (also referred to as a Certificate of Good Standing). Depending on where the business was incorporated, this will save you a couple days and some expense in the business registration process.

As a Montana registered agent, we consider it our duty to stay on top of legislative changes in Montana. Our specialists stay abreast of state changes so that you don’t have to!