Is an operating agreement required for Montana LLCs?

This page has not confirmed whether Montana law requires an LLC to have an operating agreement, so it does not answer yes or no. A written agreement signed by every member is worth having either way. It records who owns what share of the LLC, who makes decisions, and how profits are divided. To learn what Montana requires, check the website of the state agency that registers LLCs in Montana, or ask a business attorney licensed in Montana.

Can I write my own Montana LLC operating agreement?

Yes, you can write your own Montana LLC operating agreement. It should cover each member's ownership share, voting rights, how profits are divided and how the LLC is closed down, because the default rules in Montana's LLC law can apply where the agreement is silent. Read the guidance for LLCs on the website of the state agency that registers them in Montana, and consider having a business attorney licensed in Montana review your draft before the members sign it.

Does my Montana operating agreement need to be notarized?

This page has not confirmed whether Montana law asks for an operating agreement to be notarized. Have every member sign and date it and keep it with the LLC's records. A bank or lender may ask for notarized signatures, so ask before you sign.

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

Yes. An operating agreement can be changed by following the amendment procedure it sets out, such as a vote or the written consent of the members it names. If the agreement says nothing about amendments, the default rules in Montana's LLC law can apply, so check them, or ask a Montana business attorney, before you change a term. Put each amendment in writing, have the members sign it, and keep it with the agreement. To amend the LLC's Articles of Organization on file with the state, Montana uses a separate filing, the Articles of Amendment.

Montana LLC Operating Agreement: What to Include

What to put in an operating agreement for your Montana LLC, and how single-member and multi-member agreements differ.

By Edmond Hui · Last updated: October 2026

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Key sections of a Montana LLC operating agreement, listing the 7 provisions the document should cover. — What a Montana operating agreement should contain, section by section. Source: Montana Secretary of State.

Watch: Montana LLC Operating Agreement: What to Include (2026)

State Requirements

Special Rules

Where the agreement is silent, the default rules in Montana's LLC law can apply.

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 matters 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.

Read this guide for another state:

Frequently Asked Questions

: This page has not confirmed whether Montana law requires an LLC to have an operating agreement, so it does not answer yes or no. A written agreement signed by every member is worth having either way. It records who owns what share of the LLC, who makes decisions, and how profits are divided. To learn what Montana requires, check the website of the state agency that registers LLCs in Montana, or ask a business attorney licensed in Montana.
: Yes, you can write your own Montana LLC operating agreement. It should cover each member's ownership share, voting rights, how profits are divided and how the LLC is closed down, because the default rules in Montana's LLC law can apply where the agreement is silent. Read the guidance for LLCs on the website of the state agency that registers them in Montana, and consider having a business attorney licensed in Montana review your draft before the members sign it.
: This page has not confirmed whether Montana law asks for an operating agreement to be notarized. Have every member sign and date it and keep it with the LLC's records. A bank or lender may ask for notarized signatures, so ask before you sign.
: Without an operating agreement, members have no written terms to settle a disagreement. Where the members have no agreement on a point, the default rules in Montana's LLC law can apply instead. Read the guidance for LLCs on the website of the state agency that registers them in Montana before you draft the agreement.
: Yes. An operating agreement can be changed by following the amendment procedure it sets out, such as a vote or the written consent of the members it names. If the agreement says nothing about amendments, the default rules in Montana's LLC law can apply, so check them, or ask a Montana business attorney, before you change a term. Put each amendment in writing, have the members sign it, and keep it with the agreement. To amend the LLC's Articles of Organization on file with the state, Montana uses a separate filing, the Articles of Amendment.

Sources

5 documents

Each entry below is a document recorded in our verified Montana sources, and each entry says what the document is. Some statutory text is read from an accurate mirror rather than from the state's own host, and those say so. Where we hold the citation but no stable public link, the citation is printed on its own rather than pointed at a guessed address.

Montana statute: Mont. Code Ann. § 35-8-101 et seq. (LLC Act)
Montana statute: Title 35, Chapter 8, MCA (LLC Act)
mca.legmt.gov/bills/2025/mca/title_0350/chapter_0080/part_0060/section_0010/0350-0080-0060-0010.htmlMontana statute: MCA 35-8-601 (sharing of distributions)
mca.legmt.gov/bills/2025/mca/title_0350/chapter_0080/part_0030/section_0040/0350-0080-0030-0040.htmlMontana statute: MCA 35-8-304 (liability of members and managers)
sosmt.gov/business/Montana Secretary of State: business entity filings

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Edmond Hui · Founder, MyStateLLC

Edmond Hui is a software engineer and serial entrepreneur based in New York who has founded multiple online businesses across e-commerce, media, and information publishing. Before transitioning into tech, he spent years as a commercial real estate professional closing deals totaling over 100,000 square feet, giving him firsthand experience with business formation and entity structuring. He built MyStateLLC to provide the free, state-specific LLC guidance he wished existed when forming his own companies.

How we check facts

State Requirements

What to Include in Your Operating Agreement

Ownership & membership

Management structure

Voting rights

Profit/loss allocation

Member duties

Dissolution process

Amendment procedures

Frequently Asked Questions

Sources

More for Montana LLCs

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