If you’re planning to start a business in Montana using a specific name, you may need to register for a business name. Business name registration is commonly referred to as a Montana DBA or “Doing Business As,” or Fictitious Business Name, but is officially called an Assumed Name.
To see if you need to register for a Montana Assumed Name and steps on how to register, check out our guide.
Related: How to start a business in Montana
Who needs to register for a Montana Assumed Name?
The requirements and need for a business name registration vary depending on the type of business entity.
Sole proprietorships and general partnerships are the most common business structures to register for a Montana DBA. By default, the name of a sole proprietorship and general partnership is the owner(s) legal name, but if the small business owner wants to operate under a specific name, they will need to complete the Montana Assumed Business Name registration.
For example, if Paula Smith starts a pool cleaning repairing computers but doesn’t use a business name, she doesn’t have to register. If Shelia decides to name his business Paula’s Perfect Pools, she will need to register.
Related: How to start a sole proprietorship in Montana
A corporation and Limited Liability Company won’t typically register for a Montana DBA since a unique entity name is created during the entity formation process. However, some will want to register for a DBA if they have another business or brand name they want to operate in addition to the legal name of the business. This can allow multiple businesses to operate with the liability protection of a Montana corporation or Limited Liability Company without having to form another entity.
Steps to Register for a Montana Assumed Name?
Step 1: Verify Name Availability
The state of Montana requires business names to be distinguishable from other registered business names. To find out if the name you want to use is available, do a Montana business name search on the Montana Secretary of State website.
Step 2: Fill out the Assumed Name Registration Form
The Registration of an Assumed Business Name is available on the Montana Secretary of State website.
Information requested on the form includes:
- Proposed Assumed Name being registered
- Description of what the business does
- Date the name was first used
- Type of business entity
- Mailing address and phone number
Step 3: Submit the Form
Submit the filing fee and form.
If mailing, send the form to:
Montana Secretary of State
P.O. Box 202801
Helena, MT 59620-2801
If you have questions about the process, contact the Montana Secretary of State’s office at 406-444-3665.
Montana DBA FAQs
How much does an Assumed Name cost in Montana?
The filing fee for registering an Assumed Name in Montana is $20.
Expedited processing is available. For an additional $20, the registration will be processed in 24 hours, while an additional $100 will provide one-hour processing.
Renewal of assumed names is every five years from the filing date.
Are there any naming restrictions when filing a Nebraska DBA?
An Assumed Name can’t be registered using similar words related to financial institutions (such as bank, banker, credit union, savings and loans, etc.) unless it is licensed to provide such services.
Additionally, an Assumed Name can only use the business entity suffix (such as corporation, LLC, LLP, LP, etc.) if the business is organized as that entity. For example, a sole proprietorship can’t use LLC in its Assumed Name.
Can someone use my business name after registering a Nebraska DBA?
While registering your Trade Name will keep someone else from registering the exact same name in Montana, it does very little to stop someone else from operating a business under that name in other states.
If stopping others from using your business name is important, you can protect it through a trademark.
Learn more about trademarking a business name.
Does an Assumed Name need an EIN?
An EIN or Employer Identification Number (sometimes referred to as a business tax ID number) is a unique nine-digit number that some businesses will register for through the Internal Revenue Department (IRS). An EIN is required for partnerships, corporations, multi-member LLCs, or any business that has employees.
Sole proprietorships and single-member LLCs without employees can use the owner’s social security number to identify the business.
There is no cost to get an EIN when registering directly from the IRS.
Does Nebraska require a business license?
The Assumed Name registration isn’t a business license, so there may be additional requirements you have to complete before starting your business.
Most businesses need some sort of license, but every business has different requirements.
