Montana · Operating agreement
Montana LLC operating agreement
What Montana's LLC act says about operating agreements, what applies without one, and a free template to build yours.
Build my Montana operating agreementWhat Montana’s LLC act says
Montana's act defines an operating agreement as an agreement about running the company's business and the relations among members, managers and the company, binding on all members. 4
Montana says an operating agreement need not be in writing. A writing is needed only for a few changes, such as varying how members share in distributions. 1
What Montana’s act does not let an agreement change:
- It cannot eliminate the duty of loyalty 1
- It cannot unreasonably restrict access to company records 1
- It cannot vary the right to expel a member in listed cases 1
Not confirmed for Montana from an official source: whether a Montana agreement is filed with the state, what Montana's act says about a one-member company's agreement.
What happens with no agreement
In Montana, members run the company and act as its agents unless the articles of organization vest management in one or more managers. 2
Montana splits distributions as the articles or operating agreement provide in writing. If neither does so in writing, each member shares equally. 3
What the template covers in Montana
- Company Details. The company's name, state, effective date and principal office.
- Members & Management. Who the members are, whether there is one or several, and who runs the company.
- Capital & Distributions. What each member puts in and how profit is paid out.
- Taxes. The federal tax treatment the company reports under.
- Transfers & Buyout. What happens when a member sells, leaves or is bought out.
- Governance & Legal Terms. How votes, outside work, confidentiality and disputes are handled.
- Succession. Who takes over a single-member company if its member cannot act.
- Notarization. An optional notary acknowledgment page.
Montana’s default management and profit rules are in the sections above. In the template you pick member-managed or manager-managed, and ownership share or equal shares for profit.
You also choose single-member or multi-member. The text is built in the Document Builder, not printed here.
Where it fits when you form a Montana LLC
You form a Montana LLC by filing with Montana’s Secretary of State.
The Montana annual report is due April 15 every year. 5
Search the Montana business records at the Secretary of State before you file: Montana entity search.
The operating agreement for a Montana LLC is separate from the Montana formation filing.
Common questions
Is an operating agreement required for an LLC in Montana?
Montana's LLC act does not tell an LLC to adopt an operating agreement. Where the agreement does not say otherwise, the act's own rules govern relations among members, managers and the company. 1
Is there a Montana LLC operating agreement template?
Yes, free in the Document Builder. PDF and Word downloads need a free account.
Can a single-member Montana LLC have an operating agreement?
We could not confirm from an official source what Montana’s act says about a one-member company’s agreement. The template has a single-member version.
Does a Montana operating agreement need to be notarized?
None of the Montana rules quoted on this page asks for a notary. The template adds an optional notary page.
Where do I keep a Montana operating agreement, and is it filed?
We could not confirm from an official Montana source whether the agreement is filed with the state.
Also in Montana
Sources 5 links, checked Sep 1, 2026 to Nov 13, 2026
- Montana LLC act, section 35-8-109 leg.mt.gov, checked Nov 13, 2026
To the extent that the operating agreement does not otherwise provide, this chapter governs relations among the members, managers, and company.
- Montana LLC act, section 35-8-301 leg.mt.gov, checked Nov 13, 2026
a member is an agent of the limited liability company for the purpose of its business or affairs and the act of a member
- Montana LLC act, section 35-8-601 leg.mt.gov, checked Nov 13, 2026
If the articles of organization or the operating agreement does not so provide in writing, each member shall share equally in any distribution.
- Montana LLC act, section 35-8-102 leg.mt.gov, checked Nov 13, 2026
‘Operating agreement’ means an agreement, including amendments, as to the conduct of the business and affairs of a limited liability company and the relations among the members, managers, and the company that is binding upon all of the members.
- Montana annual report biz.sosmt.gov, checked Sep 1, 2026
Each source shows the date it was checked. The newest check is Nov 13, 2026.
This page explains Montana’s rules. It is not legal or tax advice.
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