Is an operating agreement required for Montana LLCs?

No, Montana does not legally require LLCs to have operating agreements. However, it's highly recommended to create one to establish custom rules and avoid Montana's default LLC provisions that may not suit your business needs.

Can I write my own Montana LLC operating agreement?

Yes, you can draft your own operating agreement using templates or legal software. However, for complex business structures or significant assets, consider consulting an attorney to ensure the agreement properly protects your interests and complies with Montana law.

Does my Montana operating agreement need to be notarized?

No, Montana does not require operating agreements to be notarized. The agreement only needs to be signed by all members to be legally binding. However, notarization can provide additional evidence of authenticity if disputes arise.

What happens if my Montana LLC doesn't have an operating agreement?

Without an operating agreement, your LLC will be governed by Montana's default LLC laws under the Revised Uniform Limited Liability Company Act. These default rules may not reflect your business goals and can lead to disputes over management, profits, and decision-making authority.

Can I amend my Montana LLC operating agreement after it's created?

Yes, operating agreements can be amended if the agreement includes amendment procedures or all members consent to changes. Document any modifications in writing and have all members sign the amendments to ensure they're legally enforceable.

Montana LLC Operating Agreement: Free Template & Complete Guide

Protect your business with a comprehensive operating agreement. Get our free template and learn Montana's requirements for 2026.

By Edmond Hui · Last updated: January 2026

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State Requirements

Required By Law	no
Must Be Filed	no
Special Rules	Montana follows the Revised Uniform Limited Liability Company Act, which provides default rules when no operating agreement exists. While not required, an operating agreement is strongly recommended to override these default provisions and establish custom management and operational procedures.

What to Include in Your Operating Agreement

Ownership & membership

Define each member's ownership percentage and capital contributions. This section establishes who owns what portion of the LLC and prevents disputes over equity distribution.

Management structure

Specify whether your LLC is member-managed or manager-managed. This determines who has authority to make decisions and bind the company in contracts and daily operations.

Voting rights

Outline how decisions are made, including voting thresholds for major decisions. Establish procedures for member meetings and what constitutes a quorum for valid votes.

Profit/loss allocation

Detail how profits and losses are distributed among members and when distributions occur. This section is crucial for tax purposes and member expectations about returns.

Member duties

Define each member's roles, responsibilities, and any restrictions on their activities. Include provisions about confidentiality, non-compete agreements, and fiduciary duties.

Dissolution process

Establish procedures for dissolving the LLC, including triggering events and asset distribution. This protects all members by providing a clear exit strategy and preventing costly disputes.

Amendment procedures

Specify how the operating agreement can be modified in the future. Include voting requirements and documentation procedures to ensure changes are properly authorized and recorded.

Frequently Asked Questions

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