The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-01-01
CERTIFICATES oFPARTNERsHIP
When 1t Is Necessary to File Them Ac-
cording to the Codes.

Missoula, Dec. 31.-There seems TO be
considerable misunderstanding regarding
the provision of the codes which requife s
the filing of certificates of partnership
with the county clerk. The statement has
been made that this must be done by all
partnership concerns, but that is not true,
as the section of the codes which governs
this point states that certificates giving
the names of partners must be field by all
concerns in whose firm names the names
of all the partners do not appear. While
the code provides that all such partner
ships in existence at the time of the pas
sage of the act shall file this certificate
within six months after such passage,
there is no penalty attached to any fall
ure to do so, and the concluding sentence
of Section 32S1 of the civil codes makes 1t
possible for the certificate to be filed at
any time The sections of the civil code
relating to this subject are as follows:
Section 32S0-Every partnership trans
acting business in this state under a fic-
titious name. or a designation not show
ing the names of the persons interested
as partners in such business, must file
with the clerk of the county in which its
principal place of business is situated a
certificate stating the names in full of all
the members of such partnership and
their places of residence, and publish the
same once a week for four successive
a
county, II there be one, and IL there be
none. then in a newspaper published in
an adjoining county.
Sec. 32S1-The certificate filed with the
clerk. as provided in section $3.50, must be
signed by the partners and acknowledged
before some officer authorized to take
the acknowledgment of conveyances of
real property. Where the partnership is
hereafter formed the certificate must be
filed and the publication designated in
that section must be made within one
month after the formation of the partner
ship, or within one month from the time
designated in the agreement of its mem
bers for the commencement of the part
nership. Where the partnership has been
heretofore formed the certificate must be
filed, and the publication made within six
months after the passage of this code.
Persons doing business as partners con-
trary to the provisions of this article, or
any assignee thereof, shall not maintain
any action upon or on account of any
contracts made or transactions had in
their partnership name, in any court of
the state until they have first filed the
certificate and made the publica ton here
in required.
A prominent local attorney to-day ex-
planned the provisions of these articles at
the request of a Standard reporter as fol-
lows: Where q firm does business under
such names as 'Stoddard & winstanley'
or Murphy & Worden.' 1t is not neces-
sary to file any certificate. as the firm
name gives the names of the partners
Where the firm name is such as The
California Wine company or 'P. NJ. Reil-
ly & Co.. 1t is necessary to publish the
names of the partners. This makes 1t
possible for a man who desires to sue a
firm to bring his suit in proper form
Such firms, according to the code, cannot
after to-day bring suit in the firm name
until they have filed a certificate and
made publication of it. butt IL is wrong TO
say that they are prohibited from doing
so after to-day"