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Do we have to be registered to do business in the state to file a lien in that state?

MontanaRight to Lien

Do we have to be registered to do business in the state to file a lien in that state? For example, we may do one small job in Montana where we might not actually be required to be registered in that state due to being under revenue requirements, don't have actual personnel living there, etc. Would we have to be registered in order to file the lien?

1 reply

Aug 22, 2019

Generally, a business doesn't need to be registered to do business in a given state in order to file a mechanics lien there. However, this will very much depend on the specific state where the project is located. Some states may require a business be registered, but the majority do not. In Montana, specifically, there's nothing in the state's mechanics lien statute that seems to require a business be registered in Montana in order to file a mechanics lien there. For more information on Montana mechanics lien requirements: Montana Mechanics Lien Guide and FAQs.

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