Montana LLC Operating Agreement
Set out who owns your Montana LLC, who manages it, and how profits are split — and download a print-ready PDF. Single-member or multi-member. Free, no signup. The preview updates as you type.
Maintained by the SealForms editorial team · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Montana LLC act rules · as of 2026
- Required by law?
- No — but strongly recommended
- Recognized form
- Written or oral — the definition in § 35-8-102(23) ("an agreement, including amendments, as to the conduct of the business and affairs of a limited liability company... binding upon all of the members") specifies no form, and § 35-8-109(1) expressly says the agreement "need not be in writing".
- Governing act
- Montana Limited Liability Company Act (Mont. Code Ann. Title 35, ch. 8)
Without an agreement: With no operating agreement, each member shares equally in any distribution regardless of contribution size — Mont. Code Ann. § 35-8-601 ("each member shall share equally in any distribution"). Source: Mont. Code Ann. § 35-8-102(23) (definition); § 35-8-109 (effect of operating agreement) · verify ↗.
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Operating Agreement
of __________ · State of Montana
This Operating Agreement (the "Agreement") is made effective __________ by the member(s) of __________ (the "Company"), a limited liability company organized under the Montana Limited Liability Company Act (Mont. Code Ann. Title 35, ch. 8), with its principal office at __________ .
1. Formation & purpose. The Company was formed under Montana law by filing its formation document with the state. Its purpose is: __________ , and any other lawful activity under the Montana Limited Liability Company Act (Mont. Code Ann. Title 35, ch. 8).
2. Members & ownership. The membership interests are: __________ — ____%; __________ — ____%; __________ — ____%; __________ — ____%. For a single-member company, the sole member holds 100% and the second line is left blank.
3. Management. The Company is __________ . If manager-managed, the manager is __________ , who may bind the Company in the ordinary course of business; major decisions (admitting members, selling substantially all assets, dissolution, amending this Agreement) require the consent of members holding a majority of the membership interests.
4. Capital contributions. The members have contributed: __________ . No member is required to make additional contributions without their written consent.
5. Allocations & distributions. Profits and losses are allocated, and distributions made, in proportion to the ownership percentages in Section 2, at the times the members (or manager) determine, subject to the Montana Limited Liability Company Act (Mont. Code Ann. Title 35, ch. 8)'s limits on distributions.
6. Records, amendment & law. The Company keeps its records at the principal office; each member may inspect them. This Agreement may be amended only in writing signed by all members. It is governed byMontana law and is binding on the members, their successors, and assigns.
Generated with SealFormsReflects Montana law · verified 2026
Why your Montana LLC needs this — even single-member
- It overrides the default rules. Without an agreement, the Montana Limited Liability Company Act (Mont. Code Ann. Title 35, ch. 8) decides how profits are split and who can act for the company — not you.
- It protects limited liability. A written agreement is core evidence that the LLC is a real, separate entity.
- Banks and lenders ask for it. Opening a business account or getting a loan routinely requires it.
Montana law
No — Montana does not require an operating agreement (as of 2026): Not required. Mont. Code Ann. § 35-8-109(1): all members "may enter into an operating agreement, which need not be in writing"; absent one, the act's default rules govern relations among members and the company.. But without one, the default rules of the Montana Limited Liability Company Act (Mont. Code Ann. Title 35, ch. 8) decide ownership, management, and profit questions for you — which is why one is strongly recommended even for single-member LLCs. Source: Mont. Code Ann. § 35-8-102(23) (definition); § 35-8-109 (effect of operating agreement). Check the current Montana LLC rules before relying on any default.
Frequently asked questions
Is an operating agreement required in Montana?
No — Montana does not require an operating agreement (as of 2026): Not required. Mont. Code Ann. § 35-8-109(1): all members "may enter into an operating agreement, which need not be in writing"; absent one, the act's default rules govern relations among members and the company.. But without one, the default rules of the Montana Limited Liability Company Act (Mont. Code Ann. Title 35, ch. 8) decide ownership, management, and profit questions for you — which is why one is strongly recommended even for single-member LLCs. Source: Mont. Code Ann. § 35-8-102(23) (definition); § 35-8-109 (effect of operating agreement).
Does a single-member LLC need an operating agreement?
It is not usually legally required, but yes in practice: a written agreement helps prove the LLC is a separate entity (protecting limited liability), is routinely requested by banks and lenders, and controls what happens if you bring in a partner or pass the business on. For a single member, it is a short document — this template works for that case.
Does the operating agreement get filed with the state?
No. Unlike the formation certificate (articles of organization), the operating agreement is an internal document — you sign it, keep it with your records, and give each member a copy. Banks, lenders, and courts may ask to see it, but no Montana agency records it.
Can the agreement be oral in Montana?
Montana's statute recognizes: Written or oral — the definition in § 35-8-102(23) ("an agreement, including amendments, as to the conduct of the business and affairs of a limited liability company... binding upon all of the members") specifies no form, and § 35-8-109(1) expressly says the agreement "need not be in writing". (Mont. Code Ann. § 35-8-102(23) (definition); § 35-8-109 (effect of operating agreement)). Even where oral or implied agreements count, put yours in writing — proving an oral term in a dispute between members is exactly the fight the document exists to prevent.
How does Montana compare? See which states actually require an operating agreement, every claim cited to the state LLC act.
How Montana compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Montana: Mont. Code Ann. § 35-8-102(23) (definition); § 35-8-109 (effect of operating agreement) ↗.
- Montana is one of 47 of 51 jurisdictions that leave the operating agreement optional (statutory default rules apply without one) (4 require an LLC to have an operating agreement).
LLC operating agreement in other states
More Montana legal forms
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