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.

Do I need a local business license?

If you plan to run a business out of your home, you likely will need at least one basic business permit or license, such as a sales tax permit. If you're opening a local business like a restaurant or daycare, you'll need even more licenses as well as inspections that ensure you comply with industry regulations.

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Montana Notice of Completion - Corporation

Montana Notice of Completion - Corporation

Q: Do you need a business license in Montana?

Business Licenses The state of Montana doesn&#039;t have a general business license; however, many cities require a business license to operate. Contractor License Construction contractors will need to register with the Montana Department of Labor &amp; Industry.

Category:

Liens - Construction - Mechanics

State:

Montana

Control #:

MT-05A-09

Format:

Instant download

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Description

Montana statutes permit 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. A copy of the Notice of Completion is published once a week for three consecutive weeks in a local newspaper, and is filed, along with an Affidavit of Publication, in the office of of the county clerk or recorder.

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FAQ

To file the Articles of Organization for an LLC in Montana, you must submit formation documents to the Secretary of State online along with the $70 filing fee. Read our full guide on How to Form an LLC in Montana or have a professional service form an LLC for you.

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.

All companies require a business license, whether they sell online or from a brick-and-mortar storefront. Businesses are required to apply for a business license because it provides a way for the government to keep track of enterprises operating in the area and keep track of tax revenue.

Business Licenses The state of Montana doesn't have a general business license; however, many cities require a business license to operate. Contractor License Construction contractors will need to register with the Montana Department of Labor & Industry.

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.

A Montana LLC (Limited Liability Company) is a business entity that combines the best of a corporation with those of a partnership or sole-proprietorship.Plus, when you sign up for our Montana LLC formation services, we'll have your business registered with the state within 24 hours.

Not every Montana business needs a license. However, many types of businesses either can or must get a license.In addition, some required licenses are issued locally. The cities of Billings and Missoula, for example, require most businesses to obtain a business license.

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.

If you plan to run a business out of your home, you likely will need at least one basic business permit or license, such as a sales tax permit. If you're opening a local business like a restaurant or daycare, you'll need even more licenses as well as inspections that ensure you comply with industry regulations.

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Notice of Completion - 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.