Restricted Trade Names
When registering the name of a business with the Secretary of State (SOS), there are certain words and word combinations that are restricted from use without a consent letter from the Montana Division of Banking and Financial Institutions (Division). These restrictions are in place to protect citizens from being misled into thinking a business is a financial institution when it is not and to prevent confusion between similar names.
What are the restricted words?Pursuant to Mont. Code Ann. §§ 32-1-402(4) and 32-3-103(2), the restricted words are:
- "bank"
- "banker"
- "banking"
- "savings bank"
- "saving"
- "trust company"
- "investment company"
- "credit union"
The restriction includes the plural of these words. Mont. Code Ann. § 1-2-105(3).
How will I know if I need a consent letter from the Division?If the SOS receives a registration for a business name containing restricted words, a message will appear stating that a consent letter from the Division must be uploaded before the registration can be completed.
How do I request a consent letter from the Division?Send an email to the Division office at banking@mt.gov and provide the following:
- The name of the business,
- a brief description of business activities the business intends to perform in Montana, and
- if the business a non-profit or for-profit.
The Division may grant a waiver to a nonprofit organization if:
- the organization is not acting as a financial institution; and
- the name used is not likely to mislead a reasonable individual into thinking that the organization is acting as a financial institution.
Yes. The 2023 Montana Legislature amended Mont. Code Ann. § 32-1-402 to allow the Division to grant a waiver to out-of-state state-chartered banks that seek to do business in Montana. The effective date of this amendment was February 28, 2023.