Montana Registered Agent Frequently Asked Questions (FAQs)
Why do I need a registered agent?
Every state requires an entity or business to have a registered agent. The purpose of a registered agent is to have a resident address on record with the state. The most important reason states require a registered agent is to make sure law suits can continue in court. If you sue, you or your attorney create the paperwork, and go to the courthouse. Then you can hire the sheriff to serve the people or business you are suing. That is where the term: "service of process" comes from. This is a lawyer term for "you are getting sued" You can also elect to send the people you are suing a certified letter, which is usually cheaper than hiring the sheriff. BUT...your lawsuit will not continue until you have some kind of proof that the party you are suing knows they are getting sued. So if you send a certified letter and the party or business you are suing sees it, they may easily decide to not sign for it, and not take it from the postmaster. The post office will send it back to you, and then you are back to where you started. That is why most people hire the sheriff to take care of this. The sheriff will make the person at the address sign the law suit and if needed, the sheriff will testify in court that he gave notification of the law suit to the address on file. If you had an old address or a false address on record with the state, the sheriff would have a hard time tracking you down. You would be able to avoid some law suits for a little while if you did this. The problem with that tactic is that your business entity will start to get administratively dissolved with the state, and then the suing party would go after the business entity owner and you, personally, could start to get held liable for the business entities debts. This is a very long, drawn out process, and it would be much easier to make each business entity keep an actual address, where service of process can be delivered. Lawmakers realized this and that is why the states require a registered agent, so that none of that hide-and-seek has to happen.
How this affects you is that if you are operating a business outside the state, but have an acquaintance or someone that you want to put down as your registered agent to save some money, you can do that. But if you get sued, the sheriff is going to look up your registered agent and serve your acquaintance. Your acquaintance might not realize the ramifications of this and forget to tell you, or be embarrassed, or think it might just go away if you ignore it. All this time, your law suit will be moving forward because the suitor has proof you received the law suit, and can obtain a default judgment against you without you ever knowing it!! The same is true if you operate a business in the state of Montana. All a sheriff has to do is get anyone from your Montana office to sign the document. If someone signs for it, and puts it aside in a busy office, it could be very easily forgotten. That is the biggest benefit of having a professional registered agent. Law suits, official mail, or complaints get delivered to our office, and we make sure you know about it, and can help you know what to do next. We are not attorneys, but work with many good attorneys and can offer free referrals for attorneys that specialize in your area of need.
What happens if I don't have a registered agent, or my registered agent is not performing?
Your business entity will be administratively dissolved by the Montana Secretary of State. This takes a little while, but if it goes through, you will face some fees, and lose your personal liability protection that your business entity protects you with.
What do we do after our first year of registered agent service is over?
Montana registered agent will send you an invoice for the next year. You can pay by check or credit card. If you're going to switch to someone else, just email or mail us back, and let us know what you're doing. There's no cancellation fee, and we won't give you a hard time. We just ask that you fill out the proper paperwork with the state to switch registered agents , or dissolve your entity. If you're confused about how to do all that you can have us do it for you.
I already have a registered agent, but want to change to you?
If you're filling out your annual report, you can just fill in our name as your registered agent and our address. If you have time left with another registered agent that you have already paid for, we will honor that time as long as you pay for 1 year, and your year will start after the time you've already paid another service for, expires.
All Day $49 Montana Registered Agent
505 E. 2nd Suite B
Whitefish, MT 59937
Then just let us know... When you sign up with us there's a form to fill out so we have your contact information, and then you can fill in the blank where it asks you if you've had a previous registered agent. There are no additional fees to switch. We will check your filing and make sure it's correct. If you would like to change to us, before your annual report, we will fill out the proper paperwork with the state of Montana for you, for free.
What if I don't want to pay with PayPal or a credit card?
We can email, mail, or fax you an invoice. You can pay by check. If you're having us incorporate a business or personal entity, we do need to receive your payment before we file, because we have the Montana state fees deducted straight out of our Montana state account instantly, and the state does not give refunds.
Is your annual registered agent fee, a year from time of service, or calendar year?
Our fees are for one year from the time you hire us. If this is not acceptable, we can work with you to pick a renewal date that works best for your schedule.
What happens to my personal information I provide you?
We have high security on our website, and emails sent through it are encrypted. Your contact information is only for our personal records if we need to get a hold of you. We do not sell or give out your information to anyone.
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