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 Rapi Stack · 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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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 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).
The rest of what Montana requires
The figures below are Montana's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Montana page for that document.
- Security deposit cap · as of 2026
- No statutory limit Mont. Code §70-25-202 ↗
- Deposit return deadline · as of 2026
- 30 days after move-out Mont. Code §70-25-202 ↗
- Notice to end a month-to-month tenancy · as of 2026
- 30 days Mont. Code §70-25-202 ↗
- Notice for unpaid rent · as of 2026
- 3 days to pay or quit Mont. Code Ann. §§ 70-24-422, 70-24-441 ↗
- Notice to cure a lease violation · as of 2026
- 14 days Mont. Code Ann. §§ 70-24-422, 70-24-441 ↗
- Small claims limit · as of 2026
- $7,000 Mont. Code Ann. § 25-35-502 ↗
- Where you file · as of 2026
- Small Claims Court (a division of Justice Court; some district courts also operate a small claims division) · filing fee $30 filing fee plus sheriff/process-server service costs; defendant pays $20 to contest or counterclaim (courts.mt.gov official Small Claims instructions) Mont. Code Ann. § 25-35-502 ↗
- Rental application fee · as of July 2026
- No statutory limit Montana Code ↗
- Bill of sale notarization · as of 2026
- Not required Montana MVD (Form MV24) ↗
- Power of attorney signing · as of 2026
- Notarization recommended Mont. Code §72-31-305 (form §72-31-353) ↗
- Recording a deed · as of 2026
- County Clerk and Recorder · no witnesses MCA 70-20-101 ↗
LLC operating agreement in other states
More Montana legal forms
Different state? See LLC operating agreements by state →