Montana Administrative Code

44.5.101 FEES FOR FILING DOCUMENTS - BUSINESS CORPORATIONS (REPEALED) Authorizing statute(s): Sec. 35-1-1202, 35-1-1307, MCA Implementing statute(s): Sec. 35-1-1202, 35-1-1206, MCA History: NEW, 1981 MAR p. 1110, Eff. 10/1/81; AMD, 1983 MAR p. 1360, Eff. 9/30/83; AMD, 1985 MAR p.…

44.5.102 LICENSE FEE FOR DOMESTIC OR FOREIGN PROFIT CORPORATIONS BASED ON AUTHORIZED SHARES (REPEALED) Authorizing statute(s): Sec. 35-1-1307, MCA Implementing statute(s): Sec. 35-1-1207, MCA History: NEW, 1992 MAR p. 58, Eff. 1/17/92; REP, 2001 MAR p. 2472, Eff. 1/1/02.

44.5.103 FEES FOR FILING DOCUMENTS - NONPROFIT CORPORATIONS (REPEALED) Authorizing statute(s): Sec. 35-2-1001, 35-2-1107, MCA Implementing statute(s): Sec. 35-2-1001, 35-2-1103, MCA History: NEW, 1985 MAR p. 1405, Eff. 10/1/85; AMD, 1992 MAR p. 58, Eff. 1/17/92; REP, 2001 MAR p. …

44.5.104 MISCELLANEOUS CHARGES - PROFIT AND NONPROFIT CORPORATIONS AND LIMITED LIABILITY COMPANIES (REPEALED) Authorizing statute(s): Sec. 35-2-1002, 35-1-1307, 35-2-1107, 35-8-211 MCA Implementing statute(s): Sec. 35-1-1206, 35-2-1001, 35-2-1003, 35-8-207, 35-8-211 MCA History: …

44.5.105 FEES FOR FILING DOCUMENTS AND ISSUING CERTIFICATES - LIMITED PARTNERSHIPS (REPEALED) Authorizing statute(s): Sec. 35-12-521, MCA Implementing statute(s): Sec. 35-12-521, MCA History: NEW, 1981 MAR p. 1110, Eff. 10/1/81; AMD, 1985 MAR p. 1405, Eff. 10/1/85; AMD, 1992 MAR …

44.5.106 MISCELLANEOUS CHARGES - LIMITED PARTNERSHIPS (REPEALED) Authorizing statute(s): Sec. 35-12-521, MCA Implementing statute(s): Sec. 35-12-521, MCA History: NEW, 1981 MAR p. 1110, Eff. 10/1/81; AMD, 1985 MAR p. 1405, Eff. 10/1/85; REP, 2001 MAR p. 2472, Eff. 1/1/02.

44.5.107 FEES FOR FILING DOCUMENTS AND ISSUING CERTIFICATES - ASSUMED BUSINESS NAMES (REPEALED) Authorizing statute(s): Sec. 30-13-217, MCA Implementing statute(s): Sec. 30-13-217, MCA History: NEW, 1985 MAR p. 1405, Eff. 10/1/85; AMD, 1995 MAR p. 2158, Eff. 12/31/95; REP, 2001 M…

44.5.108 MISCELLANEOUS CHARGES - ASSUMED BUSINESS NAMES OR LIMITED LIABILITY PARTNERSHIPS (REPEALED) Authorizing statute(s): Sec. 30-13-217, MCA Implementing statute(s): Sec. 30-13-217, MCA History: NEW, 1985 MAR p. 1405, Eff. 10/1/85; AMD, 1992 MAR p. 58, Eff. 1/17/92; AMD, 1995…

44.5.109 FEES FOR FILING DOCUMENTS AND ISSUING CERTIFICATES - TRADEMARKS (REPEALED) Authorizing statute(s): Sec. 30-13-311, 30-13-313, 30-13-315, MCA Implementing statute(s): Sec. 30-13-311, 30-13-313, 30-13-315, and 30-13-320, MCA History: NEW, 1985 MAR p. 1405, Eff. 10/1/85; RE…

44.5.110 MISCELLANEOUS CHARGES - TRADEMARKS (REPEALED) Authorizing statute(s): Sec. 30-13-311, 30-13-313, 30-13-315, MCA Implementing statute(s): Sec. 30-13-311, 30-13-313, 30-13-315 and 30-13-320, MCA History: NEW, 1985 MAR p. 1405, Eff. 10/1/85; AMD, 1992 MAR p. 58, Eff. 1/17/9…

44.5.111 FORMS (REPEALED) Authorizing statute(s): 35-1-1307, MCA Implementing statute(s): 35-1-1308, MCA History: NEW, 1992 MAR p. 58, Eff. 1/17/92; AMD, 2001 MAR p. 2472, Eff. 1/1/02; AMD, 2008 MAR p. 2056, Eff. 10/1/08; REP, 2009 MAR p. 1808, Eff. 9/25/09.

44.5.112 FEES FOR FILING DOCUMENTS - LIMITED LIABILITY COMPANIES (REPEALED) Authorizing statute(s): Sec. 35-8-211, MCA Implementing statute(s): Sec. 35-8-104, 35-8-105, 35-8-202, 35-8-205, 35-8-208, 35-8-211, 35-8-906, 35-8-907, 35-8-1003, 35-8-1005, 35-8-1006, 35-8-1010, 35-8-12…

44.5.113 FEES FOR FILING DOCUMENTS AND ISSUING CERTIFICATES - LIMITED LIABILITY PARTNERSHIPS (REPEALED) Authorizing statute(s): Sec. 30-13-217, MCA Implementing statute(s): Sec. 30-13-217, MCA History: NEW, 1995 MAR p. 2158, Eff. 10/13/95; REP, 2001 MAR p. 2472, Eff. 1/1/02.

44.5.114 CORPORATIONS - PROFIT AND NONPROFIT FEES Domestic filings: for articles of incorporation: profit $35.00 nonprofit20.00 reinstatement: for profit corporations, the $30.00 filing fee, plus an additional articles of correction 15.00 articles of amendment 15.00 restated arti…

44.5.115 LIMITED LIABILITY COMPANY FEES Domestic filings: articles of organization $35.00 articles of correction 15.00 articles of amendment 15.00 restated articles 15.00 articles of merger or conversion 20.00 application for reviver 15.00 articles of termination no charge reinst…

44.5.116 LIMITED LIABILITY PARTNERSHIP FEES Registration of limited liability partnership $10.00 Partnership agreement or statement of partnership authority 20.00 Renewal of registration 20.00 Amendment to registration 20.00 Reservation of name 10.00 Cancellation of registration …

44.5.117 LIMITED PARTNERSHIP FEES Both domestic and foreign filings: certificate of limited partnership $10.00 certificate of renewal of limited partnership 15.00 amendment of limited partnership 15.00 reservation of limited partnership name 10.00 transfer of name reservation no …

44.5.118 COOPERATIVE ASSOCIATIONS, AGRICULTURAL ASSOCIATIONS, COOPERATIVE AGRICULTURAL AUTHORITY, RURAL COOPERATIVE UTILITIES FEES Cooperative association: articles of incorporation $20.00 any other articles 10.00 Agricultural association: articles of incorporation 20.00 any othe…

44.5.119 ASSUMED BUSINESS NAME FEES Registration of assumed business name $ 20.00 Partnership agreement or statement of partnership authority 20.00 Renewal of registration 20.00 Amendment to registration 20.00 Reservation of name 10.00 Cancellation of registration no charge Filin…

44.5.120 TRADEMARK FEES Registration of mark $ 20.00, plus $20.00 per each additional class Renewal of mark 20.00 Assignment of mark 20.00 Change of applicant or registrant name 20.00 Documents returned because of deficiencies in the filing will not be assessed a resubmission fee…

44.5.121 MISCELLANEOUS FEES Certificate of fact $ 15.00 Certified document(s) request per business entity10.00 24-hour priorityprocessing 20.00 One-hour expeditedprocessing 100.00 Furnishing any certificate not otherwise provided for 15.00 Resignation of registered agent no charg…

44.5.122 MANUAL AND ONLINE SEARCH FEES Principal search: 2.00 per search Individual name search: 4.00 per search There is no charge for a member of the legislature or a public officer for any search relative to matters pertaining to the member's office. Authorizing statute(s): 2-…

44.5.131 DISTINGUISHABILITY OF BUSINESS/MARK NAMES The Secretary of State's role with regard to the registration of business/mark names is ministerial. If a business/mark name is distinguishable from another business/mark name, the Secretary of State is required to file it. Pursu…

44.5.141 REQUIREMENTS FOR FILING TRADEMARK APPLICATIONS, RENEWALS, AND ASSIGNMENTS The requirements for filing trademark applications are as follows: submission of the completed application for registration of mark (trademark - service mark) form available at sos.mt.gov or upon r…

44.5.201 FILING FOR CERTIFICATION AUTHORITIES (REPEALED) Authorizing statute(s): 2-20-110, MCA Implementing statute(s): 2-20-109, MCA History: NEW, 2004 MAR p. 2415, Eff. 10/8/04; REP, 2012 MAR p. 133, Eff. 1/13/12.

44.5.202 CERTIFICATE OF EXISTENCE FOR FOREIGN ENTITIES A certificate of existence for foreign entities must be dated within six months of the receipt of the application by the secretary of state for authority to transact business in this state. Authorizing statute(s): 35-1-1307, …

44.5.301 REQUIREMENTS FOR ANNUAL REPORT ONLINE FILING Annual reports filed through the use of Internet technology are considered to be annual reports filed online. An annual report may be filed online without the signature of the authorized agent. Online filing is available 24 ho…

44.5.302 FORM OF ANNUAL REPORT An annual report filed pursuant to 35-1-1104, 35-2-904, and 35-8-208, MCA, must be filed online in accordance with ARM 44.5.301. Authorizing statute(s): 2-15-401, 2-15-404, 35-1-1307, 35-1-1308, 35-1-1315, MCA Implementing statute(s): 2-15-404, 35-1…

44.5.303 ANNUAL REPORT FEE WAIVERS The Secretary of State's Office will waive the fee required by ARM 44.5.114(3)(e) and 44.5.115(3)(d): for all 2024 annual reports filed between January 1, 2024, and April 15, 2024; for all 2025 annual reports filed between January 1, 2025, and A…

44.6.101 FEES FOR FILING NEW UNIFORM COMMERCIAL CODE SECURED TRANSACTIONS DOCUMENTS COVERING AGRICULTURAL PROPERTY (REPEALED) Authorizing statute(s): Sec. 30-9A-525 and 30-9A-526, MCA Implementing statute(s): Sec. 30-9A-502, MCA History: NEW, 1985 MAR p. 820, Eff. 6/28/85; REP, 2…

44.6.102 FEES FOR REFILING EXISTING UNIFORM COMMERCIAL CODE SECURED TRANSACTIONS DOCUMENTS COVERING AGRICULTURAL PROPERTY (REPEALED) Authorizing statute(s): Sec. 30-9A-525 and 30-9A-526, MCA Implementing statute(s): Sec. 30-9A-501, MCA History: NEW, 1985 MAR p. 820, Eff. 6/28/85;…

44.6.104 FEDERAL TAX LIEN FEES Notice of federal tax lien $ 7.00 Any amendment 5.00 Certificate of release/termination statement no charge Certificate of federal tax lien from the filing officer 7.00 per name If a document is rejected because of deficiencies in the filing, a repr…

44.6.105 UNIFORM COMMERCIAL CODE FEES Financing statement $ 7.00 Termination statement no charge Continuation statement 5.00 Assignment 5.00 Statement of partial release 5.00 Statement adding, changing, or deleting collateral 5.00 Statement adding, changing, or deleting debtor in…

44.6.106 FEES FOR FILING NEW UNIFORM COMMERCIAL CODE SECURED TRANSACTIONS DOCUMENTS COVERING AGRICULTURAL PROPERTY TO BE PAID TO CLERKS AND RECORDERS (REPEALED) Authorizing statute(s): Sec. 30-9-403, MCA Implementing statute(s): Sec. 30-9-403, MCA History: NEW, 1986 MAR p. 1082, …

44.6.107 FEES FOR FILING AGRICULTURAL LIENS (REPEALED) Authorizing statute(s): Sec. 30-9A-525 and 30-9A-526, MCA Implementing statute(s): Sec. 30-9A-502 and 71-3-125, MCA History: NEW, 1987 MAR p. 2393, Eff. 12/1/87; AMD, 1989 MAR p. 1342, Eff. 9/15/89; AMD, 1996 MAR p. 3222, Eff…

44.6.108 FORMAT REQUIREMENTS FOR THE FILING OF UNIFORM COMMERCIAL CODE LIENS (REPEALED) Authorizing statute(s): 30-9A-526, MCA Implementing statute(s): 30-9A-102, 30-9A-501, 30-9A-502, MCA History: NEW, 2003 MAR p. 1894, Eff. 8/29/03; AMD, 2008 MAR p. 2056, Eff. 10/1/08; REP, 201…

44.6.109 FORMAT REQUIREMENTS FOR FILING AN EFFECTIVE FINANCING STATEMENT LIEN UNDER THE FEDERAL FOOD SECURITY ACT OF 1985 All financing statement liens under the Federal Food Security Act of 1985 must be filed electronically via the Secretary of State's Business Services Division…

44.6.110 DEFINITIONS AND FORMAT REQUIREMENTS FOR THE FILING OF A TITLE 71 LIEN A Title 71 lien filing includes: farm laborer's liens; thresher's liens; crop liens for seed or grain; hail insurance liens; and spraying and dusting liens. Requirements for filing the notice of a Titl…

44.6.111 LIENS APPEARING ON THE FARM BILL MASTER LIST AND FEES FOR OBTAINING THE FARM BILL MASTER LIST An effective financing statement lien that meets the requirements set forth in ARM 44.6.109 and has been submitted with the appropriate filing fee(s) will appear on the farm bil…

44.6.112 FARM BILL MASTER LIST The farm bill master list is a list of farm product liens filed in the secretary of state's office under the authority of the federal Food Security Act of 1985. Secured parties are protected only to the extent of the interest that is properly identi…

44.6.113 DEFINITIONS AND REQUIREMENTS FOR ONLINE FILING All Uniform Commercial Code (UCC) liens must be filed electronically via the Secretary of State's Business Services Division website. The following definitions apply for filing UCC liens and amendments online: "B2B" means bu…

44.6.201 DEFINING SEARCH CRITERIA FOR UNIFORM COMMERCIAL CODE CERTIFIED SEARCHES The secretary of state provides information regarding centrally filed uniform commercial code records via requests to office staff and the secretary of state's web site. These certified searches use …

44.6.202 EFFECTIVE DATE AND TIME Any lien notice or amendment filed online through the Secretary of State's electronic filing system will receive the effective date and time the same as it was successfully recorded in the UCC database. Authorizing statute(s): 2-15-404, 30-9A-526,…

44.6.203 REQUIREMENTS FOR FILING UCC AMENDMENTS In addition to the requirements of 30-9A-512, MCA, the initial filing number on file with the Secretary of State must be included and only one filing number per form is permitted. Multiple amendments may not be submitted on one form…

44.6.302 NONSTANDARD INQUIRY A "nonstandard" search logic is available on-line through the UCC search site. The "nonstandard" search logic results in a broader listing of debtor names being returned. The results from a "nonstandard" inquiry are not certified and should only be us…

44.9.101 INTRODUCTION, SCOPE AND INTENT (REPEALED) Authorizing statute(s): 13-1-202, MCA Implementing statute(s): 13-19-101, MCA History: NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD, 1998 MAR p. 1285, Eff. 5/15/98; REP, 2012 MAR p. 760, Eff. 4/13/12.

44.9.102 ROLE OF THE SECRETARY OF STATE (REPEALED) Authorizing statute(s): 13-19-105, MCA Implementing statute(s): 13-19-105, MCA History: NEW, 1985 MAR p. 1020, Eff. 7/26/85; REP, 2012 MAR p. 760, Eff. 4/13/12.

44.9.103 DEFINITIONS (REPEALED) Authorizing statute(s): 13-19-105, MCA Implementing statute(s): 13-19-102, MCA History: NEW, 1985 MAR p. 1020, Eff. 7/26/85; AMD, 1990 MAR p. 308, Eff. 2/9/90; REP, 2012 MAR p. 760, Eff. 4/13/12.