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STATE OF MONTANA ARTICLES of INCORPORATION for DOMESTIC (How to Start a Business)

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sos.mt.gov/Business/Forms
54-Domestic_Nonprofit_Corp_Articles_of_Incorporation
Revised: 07/2015
STATE OF MONTANA
ARTICLES of INCORPORATION for DOMESTIC NONPROFIT
CORPORATION 35-2-213, MCA
MAIL: LINDA McCULLOCH
Secretary of State
P.O. Box 202801
Helena, MT 59620-2801
PHONE: (406) 444-3665
FAX: (406) 444-3976
WEB SITE: sos.mt.gov
Prepare, sign, and submit with an original signature and filing fee.
This is the minimum information required.
(This space for Secretary of State use only)
Required Filing Fee: $20.00
24 Hour Priority Handling check box and Add $20.00
1 Hour Expedite Handling check box and Add $100.00
Make checks payable to Secretary of State.
If the document is hand written, please print legibly or the application may be denied.
1. The name of the Corporation: _______________________________________________________________________________
2. The name of the entity’s Commercial Registered Agent for service of process in Montana:
(A list of Commercial Registered Agents is available at: http://sos.mt.gov/Business/Agents/index.asp.)
Name: __________________________________________________________________________________________________
Or, the name and address of the entity’s Noncommercial Registered Agent for service of process in Montana:
Name: __________________________________________________________________________________________________
Actual Street Address or Rural Route Box Number in Montana: (Must be an actual geographic location.)
________________________________________________________________________________________________________
City: _______________________________________________________ Zip Code: ____________________________________
And, a mailing address in Montana, if different:
________________________________________________________________________________________________________
City: _______________________________________________________ Zip Code: ____________________________________
Appointment of a Registered Agent is affirmation of the Registered Agent’s consent to serve as Registered Agent.
3. The name and business mailing address of each incorporator is as follows (add additional sheets as necessary):
Name: __________________________________________________________________________________________________
Business Mailing Address:___________________________________________________________________________________
City: _________________________________________________State: _______________Zip Code: _______________________
4. This Corporation is a (you must check one):
Public Benefit Corporation with members Public Benefit Corporation without members
Mutual Benefit Corporation with members Mutual Benefit Corporation without members
Religious Corporation with members Religious Corporation without members
sos.mt.gov/Business/Forms
54-Domestic_Nonprofit_Corp_Articles_of_Incorporation
Revised: 07/2015
5. This Corporation (check one and complete):
(a) Is not applying through the IRS for 501(c)(3) status and upon dissolution the assets shall be distributed in the following
manner:_________________________________________________________________________________________________
(b) Is applying with the IRS for 501(c)(3) status and therefore has attached the IRS required language.
6. I, HEREBY SWEAR AND/OR AFFIRM, under penalty of law, including criminal prosecution, that the facts contained in this
document are true.
__________________________________________________________________________ ____________________________
Signature of each Incorporator and Director, if elected Date
__________________________________________________________________________ ____________________________
Date
__________________________________________________________________________ ____________________________
Date
7. Daytime Contact: Phone: ______________________________________ Email: ______________________________________
sos.mt.gov/Business/Forms
54-Domestic_Nonprofit_Corp_Articles_of_Incorporation
Revised: 07/2015
HELP SHEET: Articles of Incorporation for Domestic Nonprofit Corporation
1. This form provides the minimal information necessary to file a nonprofit corporation. It is advised that you contact an attorney
for assistance and guidance in consideration of additional provisions that may be necessary for your organization.
2. ITEM 4
(a) Members are those individuals who can vote to elect the board of directors or elect delegates who in turn elect the board of
directors.
(b) Public Benefit Corporations are those corporations operating for public or charitable purposes. As such, members may not sell
their interest or receive distributions from the organizations. Written notice of intent to dissolve must be given to the Attorney
General.
(c) Mutual Benefit Corporations are organizations such as trade associations, social clubs, and fraternal organizations designed to
benefit their members. Members, as such, are given broader voting rights. Members, while not entitled to receive distributions
while the organization is operating, will be entitled to sell their memberships and receive distributions when the organization
dissolves.
(d) Religious Corporations are treated in a way similar to public benefit corporations. Written notice of intent to dissolve must be
given to the Attorney General.
3. ITEM 5
The Internal Revenue Service (IRS) requires specific language to be included in Articles of Incorporation in order to qualify for
nonprofit tax status. It is advised that you contact the IRS for their language requirements.
4. Annual reports must be filed with the Secretary of State prior to April 15 each year beginning the year following the
incorporation and each year thereafter. Each year the Secretary of State will mail a notice that the Annual Report is due to the
corporation’s registered agent. (35-2-904, MCA)
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Completed 20 November 2020

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