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Register a DBA in Montana

Filed with the state

A DBA (fictitious or assumed business name) lets you operate, bank, and advertise under a trade name. Below: who must file in Montana, where, for how long, and what happens if you don't — quoted from the statutes.

Filing office

Applications are filed with the Montana Secretary of State, who reviews the application, files it, and issues a certificate of registration if it complies with the part and all applicable fees are paid.

Term & renewal

Five years from the date of registration. The Secretary of State must notify the registrant of the pending expiration not less than 90 days before the expiration date; if no renewal application is filed within the 90 day period prior to expiration, the Secretary of State cancels the registration.

Publication

No newspaper publication requirement found in the act.

Exclusive rights?

No — registration does not by itself grant exclusive rights to the name. A trademark does that.

Montana filing fees

Fees published by the filing office come from the office's own fee schedule rather than the act text, and the office can change them without any change to the statute. Confirm the current amount with the office.

State and county fees are set by law, never discounted, and collected with your order.

Who must file in Montana

Business type Required? Where
Any person transacting business under an assumed business name, including individuals (sole proprietors), partnerships, corporations, limited partnerships, limited liability companies, limited liability partnerships, and other associations Yes Montana Secretary of State
Foreign corporations and foreign limited partnerships without an effective certificate of authority or certificate of registration No Prohibited from registering an assumed business name until authorized to transact business in Montana
Foreign corporations that adopt an alternate name under the Business Corporation Act because their real name is unavailable No Montana Secretary of State via the foreign registration statement; no separate filing under Title 30, chapter 13, part 2 is needed for that alternate name

The law behind it

Quoted verbatim from Assumed Business Names (Montana Code Annotated Title 30, chapter 13, part 2) (Mont. Code Ann. §§ 30-13-201 to 30-13-221 (2025)).

What the law requires

Montana operates a mandatory statewide assumed business name registry at the Secretary of State. A person (defined to include individuals, partnerships, corporations, limited partnerships, LLCs, LLPs, and other associations) transacting business under any business name other than its full, true, and correct name must register the assumed business name with the Secretary of State.

"A person transacting business in this state under an assumed business name shall register with the secretary of state, on forms furnished by the secretary of state, an application for registration of the assumed business name, including but not limited to the following information: (1) the name and business mailing address of the applicant; (2) the complete proposed assumed business name; and (3) a description of business transacted under the proposed assumed name." — Mont. Code Ann. § 30-13-203; § 30-13-201(1), (3)

Where filings go

Applications are filed with the Montana Secretary of State, who reviews the application, files it, and issues a certificate of registration if it complies with the part and all applicable fees are paid.

"The applicant shall complete and submit an application for registration of an assumed business name along with all applicable fees to the secretary of state. If the secretary of state finds that the application complies with the provisions of this part, the secretary of state shall: ... file the application in the secretary of state's office..." — Mont. Code Ann. §§ 30-13-203, 30-13-204(1)

How long it lasts

Five years from the date of registration. The Secretary of State must notify the registrant of the pending expiration not less than 90 days before the expiration date; if no renewal application is filed within the 90 day period prior to expiration, the Secretary of State cancels the registration. Renewal: Renewable for another 5 year term by application on forms furnished by the Secretary of State.

"Registration of an assumed business name is effective for a term of 5 years from the date of registration. Upon application for renewal of registration on forms furnished by the secretary of state, the registration may be renewed for another 5-year term. ... If the applicant or person in whose name an assumed business name is registered fails to file an application for renewal with the secretary of state within a 90-day period prior to the expiration date of the registration, the secretary of state shall cancel the registration." — Mont. Code Ann. § 30-13-206

Name restrictions

The Secretary of State may not register an assumed business name that is the same as or not distinguishable from an already registered assumed business name, entity name, trademark, or service mark, and an applicant may not use a business name identifier (such as corporation, LLC, or their abbreviations) that misstates or misleadingly implies the applicant's entity type.

"An applicant for an assumed business name may not use a business name identifier that incorrectly states the type of entity that it is or incorrectly implies that it is a type of entity other than the type of entity that it is." — Mont. Code Ann. § 30-13-202(1), (2); § 30-13-201(2)

Entities and assumed names

A foreign corporation whose name does not comply with Montana's corporate name statute may not register to do business until it adopts a complying alternate name in its foreign registration statement; that alternate name does not require a separate assumed business name filing. The corporate name statute also blocks names not distinguishable from registered assumed business names, and name reservation (including of a fictitious or alternate name for a foreign corporation) is available for a nonrenewable 120 day period.

"A foreign corporation whose name does not comply with 35-14-401 may not register to do business in this state until it adopts, for the purpose of doing business in this state, an alternate name that complies with 35-14-401 by filing a foreign registration statement under 35-14-1503 or, if applicable, a transfer of registration statement under 35-14-1510 setting forth that alternate name. A foreign corporation adopting an alternate name as provided in this subsection need not file under Title 30, chapter 13, part 2, with respect to that alternate name." — Mont. Code Ann. § 35-14-1506(1); see also §§ 35-14-401(2)(h), 35-14-402(1), 30-13-205

Statutory text quoted from the official published statutes; dataset last regenerated 2026-09-09. Read the full code at the Montana statutes. This is information, not legal advice — laws change.

If you skip it

A person transacting business without an effective certificate of registration of the assumed business name may not maintain any suit or action in Montana courts under that name. (Mont. Code Ann. § 30-13-215)

Executing any document filed under the part constitutes an affirmation under the penalties of false swearing that the facts stated are true. (Mont. Code Ann. § 30-13-218(1))

Montana DBA FAQs

Where is a DBA (assumed business name) registered in Montana?
With the Montana Secretary of State. Mont. Code Ann. 30-13-203 provides that a person transacting business in the state under an assumed business name shall register with the Secretary of State on forms the office furnishes, and 30-13-204 has the Secretary of State file the application and issue a certificate of registration.
How long does a Montana assumed business name registration last?
Five years from the date of registration, renewable for successive 5 year terms (Mont. Code Ann. 30-13-206(1)). The Secretary of State sends an expiration notice at least 90 days before the expiration date, and cancels the registration if no renewal application is filed within the 90 day period before expiration (30-13-206(2), (3)).
What happens if a business operates in Montana under an unregistered assumed name?
Under Mont. Code Ann. 30-13-215, a person conducting business without an effective certificate of registration of the assumed business name may not maintain any suit or action in Montana courts under that name.
Can two Montana businesses register the same assumed name?
No. Under Mont. Code Ann. 30-13-202(1), the Secretary of State may not register an assumed business name that is the same as or not distinguishable on the record from an assumed business name already registered, or from any corporate, limited partnership, LLC, or LLP name, trademark, or service mark registered or reserved with the office.

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