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Domestic Profit Corporation Articles of Amendment

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STATE OF MONTANA

ARTICLES of AMENDMENT for
PROFIT CORPORATION
(35-1-230 MCA)

MAIL:

BRAD JOHNSON
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, submit with an original signature and filing fee.
This is the minimum information required.

(This space for use by the Secretary of State only)

Filing Fee: $15.00

1. The current name of this Corporation is:

2. The following amendment was adopted in the manner provided for by the Montana Business Corporation Act:

3. The date this amendment was adopted is: (Mo/day/year)

4. Please check the appropriate box and provide additional information where requested. (only check one box):

There were: shares outstanding: voted for the

amendment: voted against.

NOTE: For voting groups, see help sheet on the reverse side.

Signature of Officer or Chair of the Board

Title

Date

NOTE: There are important legal and accounting procedures and implications with respect to this corporate action. Suitable legal and accounting advice should be secured before submission. The Secretary of State's office encourages that such advice be sought prior to filling out forms and to be sure that you understand the terms and procedures

Articles of Amendment for Profit Corporation

HELP SHEET

This form is to be used to amend the articles of incorporation of a profit corporation, including changing the name.

You may request 24 hour priority filing of your document. Simply mark the “24 hour priority filing” box and include an additional $20.00 with your filing fee. You may request 1 hour expedite filing of your document. Simply mark the “1 hour expedite filing” box and include an additional $100.00 with your filing fee.

Voting Groups: Pursuant to 35-1-230 (6) (b) MCA, include on an additional sheet of paper, either the total number of votes cast for and against the amendment by each voting group entitled to vote separately on the amendment or the total number of undisputed votes cast for the amendment by each voting group that was sufficient for approval by that voting group.

Please type or clearly print the requested information.

Upon completion, mail this form, with an ORIGINAL signature and the correct filing fee to the Secretary of State, PO Box 202801, Helena, MT 59620-2801. Make checks payable to Secretary of State.

The Secretary of State will send a letter of acknowledgment to you once your document has been filed with our office.

If you have any questions regarding this form, please contact the Secretary of State, Business Services Bureau at (406) 444-3665.

✦ All information provided, including names and addresses of officers and directors, will be made available on the Secretary of State's web site or upon request.

✦ Please be advised that the Business Services Bureau of the Montana Secretary of State will process your business documents within 10 working days of initial receipt. During this period if it's determined that your document doesn't meet statutory requirements, a letter outlining the deficiencies will be returned to the original submitter. If the document is complete and correct, the document will be filed and an acknowledgment copy showing completion returned to the original submitter.

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What the Domestic Profit Corporation Articles of Amendment Is

The Domestic Profit Corporation Articles of Amendment is a formal filing submitted to a state’s business filing office (usually the Secretary of State) to update a corporation’s originally filed Articles of Incorporation. Typical amendments include corporate name changes, adjustments to authorized shares, changes of registered agent or principal office, and revisions to the board or officer structure. Filing an amendment updates the public record and creates an enforceable corporate charter reflecting the corporation’s current governance and capital structure. Requirements, fees, and processing steps vary by state and by the nature of the amendment requested.

Why Filing an Articles of Amendment Matters

Amending articles ensures the corporation’s legal records match its current operations and governance, protects limited liability by keeping public records accurate, and allows changes to corporate structure or capital that require state acknowledgement.

Why Filing an Articles of Amendment Matters

Who Typically Prepares and Files the Amendment

Corporations, corporate counsel, corporate secretaries, and registered agents commonly prepare Articles of Amendment when authorized changes are approved by the board or shareholders.

  • In-house corporate secretary or legal team preparing and notarizing authorized changes for filing.
  • Outside corporate attorney managing legal language, shareholder approvals, or complex structural amendments.
  • Registered agent or formation service submitting filings and handling state correspondence on behalf of the corporation.

Depending on internal capacity and legal complexity, corporations choose in-house filing, registered-agent filing, or attorney-led filing to ensure accuracy and compliance.

Who Signs and Certifies the Amendment

Corporate Officer

An authorized corporate officer (president, CEO, or another officer named in the bylaws) signs declarations certifying the board’s or shareholders’ approval and the truth of the amendment facts; signatory authority typically appears in corporate bylaws or resolutions.

Registered Agent

A registered agent or authorized agent may file the amendment with the state on behalf of the corporation and must include contact details; the agent’s signature on the filing acknowledges receipt and processing authority.

Core Information Required on the Articles of Amendment

Corporate Name: Exact legal name
Amendment Text: Precise language of change
Effective Date: MM/DD/YYYY or 'upon filing'
Signature: Authorized officer signature
Registered Agent: Name and address
Filing Contact: Preparer name and phone

Step-by-Step: Completing Articles of Amendment

Follow these sequential steps to prepare, authorize, and file an amendment, from corporate approval to state submission and record retention.

  • 01
    Obtain Authorization: Document board or shareholder approval per corporate bylaws or state law.
  • 02
    Draft Amendment: Prepare precise amendment text matching the state form requirements.
  • 03
    Sign and Certify: Have an authorized officer sign; notarize if state requires.
  • 04
    File with State: Submit the completed form and fee to the Secretary of State or filing office.

How to Configure an Online Amendment Workflow

Set up a predictable online workflow: upload the amendment, add fields, assign signers, set authentication, and choose submission options.

Field Configuration
Upload Document PDF or DOCX, text must be selectable
Signature Fields Place for officer signature and date
Authentication Email + optional SMS code
Delivery Send to signers and state filing contact

Where and How to Submit the Filed Amendment

Know the correct routing: state filing office, payment method, and any required cover form or certificate of good standing.

  • State Filing Office: Submit to the Secretary of State or equivalent filing division in the corporation’s formation state.
  • Filing Method: File online, by mail, or in person as allowed by the state.
  • Payment: Include the required filing fee and accepted payment method for that state.
  • Return Documents: Request certified copy or stamped acceptance for corporate records.

Digital Signing and Delivery Options

Electronic submission and eSignature workflows speed processing and create an audit trail for corporate amendments.

  • File Types: PDF and DOCX supported
  • Integrations: Connects with Salesforce, NetSuite, Google Workspace
  • Authentication: Email + optional SMS or KBA

Typical Timelines and Processing Expectations

Expect processing times and deadlines to vary by state, with online filings generally fastest and mail filings slower; plan for state-specific turnaround.

Board Approval Timeframe:

Complete internal approvals per bylaws before filing.

State Processing:

Instant to several weeks depending on state and filing method.

Expedited Service:

Many states offer same-day or 24–48 hour expedited options for higher fees.

Record Update:

Official state record reflects amendment upon acceptance or on stated effective date.

Delivery of Certified Copy:

Allow additional days for certified copy or certificate issuance.

Common Errors to Avoid When Preparing an Amendment

  • Submitting imprecise amendment language that fails to state the exact change, causing the filing to be returned or accepted with ambiguity.
  • Using a corporate name that does not exactly match the original filing, creating inconsistency and possible rejection by the filing office.
  • Failing to follow corporate authorization procedures (board or shareholder votes), which may render the amendment invalid internally.
  • Neglecting to include required attachments or to pay the correct fee, delaying processing and increasing administrative costs.

Consequences of Incorrect or Untimely Amendments

Filing Rejection: State may return filing for correction
Loss of Liability Protection: Inaccurate records can risk veil protections
Penalties: Late compliance fines in some jurisdictions
Tax Impacts: Incorrect capitalization affects tax filings
Contract Validity: Contracts relying on old articles may be contested
Administrative Delay: Extended processing may impede business actions

What a Complete Articles of Amendment Typically Contains

A professional amendment contains specific items that meet state form expectations and clearly record the corporation’s approved changes.

Amendment Purpose

A concise statement describing the nature of the amendment and why it is being filed, so the public record clearly reflects intent and scope.

Revised Provisions

Exact text of each provision being changed (for example, new authorized share counts or updated corporate powers) to avoid interpretation disputes.

Authorization Basis

A reference to the corporate action taken (board resolution or shareholder vote), including date of approval and quorum confirmation where applicable.

Effective Date

A clear effective date for the amendment, either upon filing or a later specified date, so statutory rights and obligations are determinable.

Officer Certification

Signature block for an authorized officer certifying the amendment’s accuracy and the corporate authority for the change.

Filing Instructions

Notes on desired return of certified copies, expedited processing requests, and the contact information for the filer for state correspondence.

Selected eSignature Vendor Pricing Snapshot for Amendment Workflows

Comparison of basic pricing and common features for eSignature platforms to support electronic signing, bulk sends, and compliance needs; signNow is listed first per platform conventions.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Practical Examples of Amendment Use

Real-world situations illustrate common amendment types and procedural considerations when updating corporate charters.

Business Rebrand

A board approves a corporate name change to reflect a rebrand.

  • The amendment updates the legal name across official records.
  • After state acceptance, the corporation updates contracts, bank accounts, and public filings to align with the new name.

Authorized Shares Increase

Shareholders authorize increasing authorized shares to support fundraising.

  • The amendment increases the authorized share cap.
  • The corporation files the amendment and coordinates with counsel and transfer agents to issue new shares following state acceptance.

FAQs and Troubleshooting for Articles of Amendment

Answers to common questions and next steps when filings are returned, rejected, or need correction.


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