How do I form a corporation in Montana?

To form a Montana corporation, you must file articles of incorporation with the Secretary of State and pay a filing fee, at which point a corporation's existence officially begins. At a minimum, the articles must include the following information: Name of the corporation. Names and addresses of incorporators.

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Montana Subcontractor's Request - Corporation

Montana Subcontractor's Request - Corporation

Category:

Liens - Construction - Mechanics

State:

Montana

Control #:

MT-01A-09

Format:

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What is this form?

The Subcontractor's Request - Corporation is a legal document used by subcontractors or material suppliers in Montana to formally request information about a project from a contractor. This form enables the requesting party to obtain the necessary details about the property being improved and the ownerâs information, ensuring they fulfill their rights under Montana law. Unlike general inquiries, this form is required to be answered by the contractor within five business days.

Form components explained

Identification of the requesting corporation and its representative.
Description of the property where materials or services were provided.
Assertion of entitlement to a construction lien for supplied services or materials.
Request for the contractor to provide the propertyâs address and owner's contact information.
Signature section for the representative of the corporation.

Subcontractor's Request - Individual

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Response to Subcontractor's Request - Corporation

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Subcontractor Affidavit and Release of Claims and Lien Waiver

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Basic Subcontractor Agreement

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Independent Contractor Agreement

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When to use this form

This form should be used when a subcontractor or material supplier in Montana has supplied materials or services for property improvement and needs essential project details from the contractor. It is particularly important in situations where the subcontractor wants to ensure legal rights for lien claims or needs clarification on the projectâs ownership details.

Who this form is for

Subcontractors who have provided services or materials for construction projects.
Material suppliers seeking information to secure their rights under Montana law.
Corporations operating as subcontractors in the state of Montana.

How to complete this form

Identify your corporation and the representative signing the form.
Enter the property address or legal description where services were provided.
State your entitlement to a construction lien clearly.
Request the contractor to provide the required information regarding the property owner.
Sign and date the form to validate your request.

Is notarization required?

In most cases, this form does not require notarization. However, some jurisdictions or signing circumstances might. US Legal Forms offers online notarization powered by Notarize, accessible 24/7 for a quick, remote process.

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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

We protect your documents and personal data by following strict security and privacy standards.

Mistakes to watch out for

Failing to provide complete property address or legal description.
Not including all necessary signatures or titles where required.
Missing the five-business-days deadline for the contractorâs response.

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FAQ

One of the main reasons to form a corporation or LLC for a small business is to avoid personal liability for the business' debts. As we mentioned earlier, corporations and LLCs have their own legal existence. It's the corporation or LLC that owns the business, its assets, debts, and liabilities.

First, prove you independently own a business. Get a Montana Tax Identification Number with the Montana Department of Revenue. Then fill out an independent contractor exemption certification. Fill out and mail in the application form.

No, you do not need an attorney to form an LLC. You can prepare the legal paperwork and file it yourself, or use a professional business formation service, such as .In all states, only one person is needed to form an LLC.

How much does it cost to set up an LLC in Montana? Filing the Montana Articles of Organization costs $70 and will take 7-10 business days to processunless you pay an additional $20 (24 hours) or $100 (1 hour) for expedited processing.

Step 1 Verify Name Availability. The state of Montana requires business names to be distinguishable from other registered business names. Step 2 Fill out the Form. Information requested on the form includes: Step 3 Submit the Form. Submit the filing fee and form.

To form a Montana corporation, you must file articles of incorporation with the Secretary of State and pay a filing fee, at which point a corporation's existence officially begins. At a minimum, the articles must include the following information: Name of the corporation. Names and addresses of incorporators.

STEP 1: Name your Montana LLC. STEP 2: Choose a Registered Agent in Montana. STEP 3: File the Montana LLC Articles of Organization. STEP 4: Create a Montana LLC Operating Agreement. STEP 5: Get an EIN.

The different types of corporations and business structures. When it comes to types of corporations, there are typically four that are brought up: S corps, C corps, non-profit corporations, and LLCs.

Choose a Business Name. Check Availability of Name. Register a DBA Name. Appoint Directors. File Your Articles of Incorporation. Write Your Corporate Bylaws. Draft a Shareholders' Agreement. Hold Initial Board of Directors Meeting.

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Subcontractor's Request - Corporation

Note: This summary is not intended to be an all inclusive discussion of Montana's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.

Who can claim a lien in this State?

A person who furnishes services or materials pursuant to a real estate improvement contract may claim a construction lien to secure the payment of his contract price. M.C.A. Â§ 71-3-523.

How long does a party have to claim a lien?

A Lien Claim must be filed within ninety (90) days of the final furnishing of material or services or within ninety (90) days of the filing of a Notice of Completion by the property owner. M.C.A. Â§ 71-3-523.

What kind of notice is required prior to claiming a lien?

Some parties will be required to file a Notice of Right to Claim Lien. A Notice is NOT required by (a) a person who furnishes services or materials directly to the owner at the owner's request; (b) a wage earner or laborer who performs personal labor services for a person furnishing any service or material pursuant to a real estate improvement contract; (c) a person who furnishes services or materials pursuant to a real estate improvement contract that relates to a dwelling for five or more families; or (d) a person who furnishes services or materials pursuant to a real estate improvement contract that relates to an improvement that is partly or wholly commercial in character.

Generally, if required, a Notice of Right to Claim Lien must be filed within twenty (20) days after the date that materials and services began to be provided. These Notices are valid for one (1) year after filing, but may be extended an additional (1) year after the filing of a Continuation Notice. If a Notice of Right to Claim Lien is required, an unexpired Notice of Right to Claim Lien or Continuation Notice is necessary before a lien may be claimed. M.C.A. Â§ 71-3-531.

By what method is a lien filed in this State?

A Lien Notice must be filed within ninety (90) days of the final furnishing of services and materials or the filing of a Notice of Completion by the property owner. If a Notice of Right to Claim a Lien is required, the Lien Notice must declare that the Notice was served on the property owner or that a Notice is not required. Montana statutes set out the form for a Lien Notice in M.C.A. Â§ 71-3-536.

How long is a lien good for?

All actions to enforce a lien must be commenced within two (2) years from the date of the filing of the lien. M.C.A. Â§ 71-3-562.

Are liens assignable?

Montana statutes do not have a provision which states that liens may be assigned to other parties.

Does this State require or provide for a notice from contractors and subcontractors to property owners?

Yes. Montana law provides for a Notice of Right to Claim a Lien. This Notice is issued by any Lien Claimant to the property owner and serves to put the property owner on Notice that a lien may be claimed against his property. Generally, it must be filed within twenty (20) days after the first material or services are furnished. A copy of the Notice must be sent to the contracting owner by certified mail or delivered personally, and filed with the county clerk within five (5) days of service. This Notice is effective for one (1) year unless extended an additional one (1) year by a Continuation Statement. M.C.A. Â§ 71-3-531.

Does this State require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?

Montana statutes allow a property owner to file a Notice of Completion after (a) the written acceptance by the contracting owner, his agent, or representative of the building, improvement, or structure, or (b) the cessation from labor for 30 days upon any building, improvement, or structure, or the alteration, addition to, or repair thereof.

Any party that wishes to claim a lien must do so within ninety (90) days of the filing of this Notice. The Notice of Completion is required to be published once a week for three weeks in a local newspaper and an affidavit attesting to the publication must be attached to the Lien Notice to be filed. M.C.A. Â§ 71-3-533.

Does this State permit a person with an interest in property to deny responsibility for improvements?

No. Montana statutes do not provide for a Notice of Non-Responsibility as in some other States.

Is a notice attesting to the satisfaction of a lien provided for or required?

Yes. Montana statutes require a lien claimant whose lien has been satisfied to acknowledge the satisfaction of that lien or be held liable for any damages that result from the refusal to do so. M.C.A. Â§ 71-3-537.

By what method does the law of this State permit the release of a lien?

Montana statutes have no specific provision for the release of a lien, other than by payment in full or by expiration of the statute of limitations after two (2) years.

Does this State permit the use of a bond to release a lien?

Yes. Montana statutes allow a contracting owner to substitute a bond in the amount of one and one half times the amount of the lien claimed. Upon the acceptance of the bond by the county clerk, the lien against the real property shall be discharged and released. M.C.A. Â§ 71-3-551.