How To Get a DBA in Montana in Three Steps
By Kathy Burns | Legally reviewed by Catherine Hodder, Esq. | Last reviewed October 04, 2024
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A DBA means you can expand your business or brand without the added complexity of forming an entirely new company. In this guide, we’ll walk you through the steps to register your DBA, manage it once it’s approved, and explain the ongoing requirements for business owners.
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Whether you're establishing a new brand or launching a completely new business in Montana and you want to use a name that’s different from your own legal company name, you’ll need to register for a DBA, which stands for “Doing Business As.” In some states, this is called an assumed business name. In Montana, this is officially known as a Certificate of Assumed Business Name.
Whether you’re a sole proprietor, partnership, or an LLC looking to use a different name for a new product line, getting a DBA in Montana is a straightforward process.
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Choose Your DBA Name
The first step in registering your DBA is to select a new business name you want to operate under and conduct a business search. In Montana, your DBA name must be unique and not in use by another Montana business. You can check the availability of your desired DBA name through the Montana Secretary of State’s online business name database. Keep in mind that there are restrictions on certain words and phrases, including business entity suffixes like LLC, Incorporated, Corp, etc., unless your business is a limited liability company or corporation. Additionally, terms related to banking (such as bank, trust, or savings & loan) or words implying a non-permitted business purpose are prohibited. Once you’ve confirmed the availability of your DBA name, you can proceed to the next step.
File Your DBA Application
In Montana, a DBA is officially called a Certificate of Assumed Business Name. To file, you’ll need to complete the Assumed Business Name Registration form. You can file online through the Montana Secretary of State’s ePass system or mail a paper form to the state’s office. Filing online is typically faster and more convenient, and you’re able to pay the state fees via credit card.
The mailing address to file a fictitious business name DBA application in the state of Montana is:
Montana Secretary of State
P.O. Box 202801
Helena, MT 59620-2801
When filling out the form, be sure to include all the required information, such as your business’s legal name, address, and the new DBA name. The filing fee is $20, but it’s a good idea to verify the fee on the Secretary of State’s website before filing.
Publish Your DBA (if required)
Some counties require you to publish a notice of your Montana DBA in a local newspaper. This step is not required statewide, so it’s important to check with the county clerk in your business’s location to determine if it’s necessary. If publication is required, make sure to submit proof of publication to the appropriate office to complete the registration process.
Managing Your Montana Business DBA Name
Once you’ve registered your DBA, it’s essential to stay on top of its management to ensure your business operates smoothly. Here are key things to keep in mind:
Renewing Your DBA
You must renew your Montana DBA every five years. To renew your DBA, you’ll need to file online through the Montana Secretary of State’s website and pay the $20 renewal fee. Make sure to keep track of your renewal date to avoid any business interruptions.
Making Changes to Your DBA
If you need to update or change any details about your DBA registration, such as your business address or the assumed business name itself, you must file an amendment with the Montana Secretary of State. You can make these changes online through the ePass system or by submitting a form by mail. Fees may apply depending on the type of change you’re making, so check the Secretary of State’s website for the most up-to-date information.
If you decide to stop using your DBA, you’ll also need to cancel it officially. You can file a cancellation form with the Secretary of State to ensure your business records are up to date.
Use the DBA in Business Operations
Once your DBA is registered, you can start using it in all aspects of your business operations, including marketing, signage, contracts, and business documents. However, it’s essential to remember that a DBA filing doesn’t create a separate legal entity or different business structure. It also does not provide specific legal protection. This means that the legal responsibilities of your business—whether it’s a sole proprietorship, partnership, or LLC—remain the same, even under a new name. You should continue to use your legal business name for tax filings, business bank accounts, and other official paperwork.
Frequently Asked Questions
Need Help With a Montana DBA?
Starting a business or managing a DBA in Montana involves important decisions, such as choosing between incorporation, forming a limited partnership, or simply operating under a DBA. Each option has different implications for liability protection and the security of your personal assets. If you’re unsure which path is right for your startup or existing business, consulting with an attorney can provide the guidance you need. Visit our attorney directory to connect with a qualified business attorney near you. Or you can let our trusted partner LegalZoom handle your name search, DBA application filing, and publishing for $99 plus filing fees.
Disclaimer: The information presented here does not constitute legal advice or representation. It is general and educational in nature, may not reflect all recent legal developments, and may not apply to your unique facts and circumstances. Consider consulting with a qualified business attorney if you have legal questions.
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