Whether we’re talking weather, vacations, or bags of potato chips, all good things must come to an end, and that includes registered agent duties. There are numerous reasons you might need to give up your Montana registered agent role, but only one way to resign.
Registered agents play an important role in the life of an LLC, handling sensitive legal and tax documents, so it’s essential that agents follow proper resignation procedures. Otherwise, you could leave your company with unplanned fines or penalties, and you could be individually liable.
Even though the consequences are serious, resigning from your Montana LLC registered agent post is relatively easy.
Follow these steps and the hardest part of your resignation won’t be the process itself, it’ll be saying “so long” to your former business.
Time Saving Hack: You can resign as registered agent, get all state paperwork taken care of and have a replacement agent when you hire an online registered agent service.
Notifying the Montana LLC
Because registered agent duties are important, your LLC will appreciate notice of your resignation. However, Montana state law doesn’t require you to inform your company until after you’ve submitted your official resignation with the Secretary of State (Montana Code 35-7-111). But it’s often more beneficial for everyone involved if you let them know ahead of time. This will give the LLC more time to plan for a registered agent change so that they won’t get hit with fines and penalties.
On your end, it will get your name off the books sooner. After the state processes your resignation, you retain registered agent duties for 31 days unless your LLC appoints a replacement sooner. So if they have a successor lined up and ready to go, the state can transfer your responsibilities right away.
Submitting Your Resignation
You may be thinking ahead to your next job, business, or project, but you can’t move on from your current one until you’ve sent the Secretary of State your resignation. There’s no official resignation document, so you’ll need to create your own. But don’t worry, there are only a few requirements for it. When drafting your statement of resignation, you must include:
- The LLC name
- Your name
- A statement of your resignation
- The name and address of the LLC representative to whom you will send a copy
- Your signature
There’s no fee to resign and you can submit your document by mail, in person, or online. For postal mail, send it to:
Montana Secretary of State
Business Services/Corporation Unit
PO Box 202801
Helena, MT 596020-2801
If you live near Helena, hand-deliver it as part of your daily errands at the State Capitol, Room 260 at 1301 6th Ave, Helena, MT 59620.
Trying to save paper? Submitting it online is an option too. You’ll just need to create a Montana ePass account. Once you’re logged in, you can access your LLC’s official filings.
And don’t forget: as soon as you submit your resignation to the state, you must promptly send a copy to your LLC as well.
The Secretary of State’s standard processing time is 2-5 business days, but if you need it filed right away, you can pay $20 for priority handling (24-hour processing) or $100 for expedited handling (one-hour processing). The resignation will take effect 31 days after it’s filed unless your company appoints a replacement sooner. So don’t skip town just yet, because you may retain your registered agent duties for up to a month after you resign.
Handing off Your Responsibilities
When you put down your registered agent responsibilities, someone else has to pick them up, or your LLC will lose its good standing with the state. Help your LLC keep its momentum by carefully planning your transition.
This starts with finding a successor who’s ready to take over right away. Even a small gap in registered agent coverage can result in severe penalties. Any business entity that goes 60 days or more without a valid registered agent on record can be administratively dissolved by the state, prohibiting it from conducting business in Montana. So, your LLC will need to designate a successor soon after you’ve moved on.
Regardless of who they choose, the new agent must meet Montana’s registered agent requirements. As a reminder, they must:
- Be an individual resident of Montana or a corporation authorized to do business in the state
- Have a physical Montana address (P.O. boxes aren’t allowed)
- Have a mailing address in Montana
- Be authorized to do business in Montana (if a foreign entity)
- Be available at the registered office address during standard business hours
Some LLCs choose to assign one of their individual members as registered agent. This is allowed, but sometimes it’s better to outsource those responsibilities to a professional service.
We recommend using a registered agent service, which can take over registered agent duties, freeing up more time for the LLC’s managers to focus on running the business.
You do a lot for your Montana LLC. You’re essentially the shield that protects it from fines, the filter that catches important documents, the conductor that keeps it on track with compliance.
Because you play such an important role, it’s crucial that you follow the resignation procedures exactly — and potentially provide a replacement agent for the business. Otherwise, you might find yourself and your LLC in hot water. Follow this guide and you’ll be totally fine. Soon, you’ll be on to your next project, whether that’s starting a new business in Montana or something completely different.