reglab/housing_qa huggingface dataset:
MT Code § 35-5-101 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 5. Business Trusts|Part 1. General|35-5-101. Definition of business trust

  35-5-101. Definition of business trust. In this chapter, unless the context otherwise requires, "business trust" means an unincorporated association or trust of the type which at common law was known as a "business trust" or "Massachusetts trust", created by an instrument under which property is held and managed by trustees for the benefit and profit of such persons as are or may become the holders of transferable certificates evidencing beneficial interests in the trust estate.   History: En. Sec. 1, Ch. 277, L. 1967; R.C.M. 1947, 15-2501.
MT Code § 35-5-102 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 5. Business Trusts|Part 1. General|35-5-102. Classification of business trusts

  35-5-102. Classification of business trusts. Business trusts shall be either domestic or foreign. A domestic business trust is a business trust organized under the laws of this state. A foreign business trust includes every other business trust.   History: En. Sec. 2, Ch. 277, L. 1967; R.C.M. 1947, 15-2502.
MT Code § 35-5-103 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 5. Business Trusts|Part 1. General|35-5-103. Applicability of general corporate law

  35-5-103. Applicability of general corporate law. Any business trust shall be subject to such applicable provisions of law from time to time in effect with respect to domestic and foreign corporations, respectively. These shall include without limitation such applicable provisions of law as relate to the issuance of securities, filing of required statements and reports, service of process, general grants of power to act, withdrawal, right to sue and be sued, limitation of individual liability of shareholders, and rights to acquire, mortgage, sell, lease, operate, and otherwise deal in or with real property.   History: En. Sec. 8, Ch. 277, L. 1967; R.C.M. 1947, 15-2508.
MT Code § 35-5-104 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 5. Business Trusts|Part 1. General|35-5-104. Business trust authorized as form of association

  35-5-104. Business trust authorized as form of association. A business trust is permitted as a recognized form of association for the conduct of business within this state.   History: En. Sec. 3, Ch. 277, L. 1967; R.C.M. 1947, 15-2503.
MT Code § 35-5-201 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 5. Business Trusts|Part 2. Formation and Operation|35-5-201. Creating instrument -- filing -- consent of foreign business trust to laws and service of process

  35-5-201. Creating instrument -- filing -- consent of foreign business trust to laws and service of process. (1) Any business trust seeking to transact business in this state shall file with the secretary of state:   (a) an executed copy of its articles, declarations of trust, or trust agreement by which the trust was created and all amendments or a true copy certified by a trustee of the trust before an official authorized to administer oaths or by a public official of another state, territory, tribe, or country in whose office an executed copy is on file. The true copy must be verified within 60 days before it is filed with the secretary of state.   (b) a verified list of the names, residences, and post-office addresses of its trustees;   (c) an affidavit setting forth its assumed business name, if any.   (2) A foreign business trust shall file a verified application in the office of the secretary of state as provided in the case of foreign corporations under 35-14-1503 and shall file a copy of its articles, declaration of trust, or trust agreement by which it was created, certified by the secretary of state, in the office of the county clerk of the county where its principal office or place of business in this state will be located. The foreign business trust shall also file, at the same time and in the same office, a certificate certifying that it has consented to all the license laws and other laws of the state of Montana relative to foreign corporations and has consented to be sued in the courts of this state, upon all causes of action arising against it in this state and that service of process may be made upon some person, a citizen of this state whose principal place of business is designated in the certificate. Service of process, when made upon the agent, is valid service on the business trust.   History: En. Sec. 4, Ch. 277, L. 1967; amd. Sec. 13, Ch. 62, L. 1977; R.C.M. 1947, 15-2504(1), (2); amd. Sec. 194, Ch. 368, L. 1991; amd. Sec. 17, Ch. 280, L. 2015; amd. Sec. 246, Ch. 271, L. 2019.
MT Code § 35-5-202 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 5. Business Trusts|Part 2. Formation and Operation|35-5-202. Issuance of certificate or license -- effect

  35-5-202. Issuance of certificate or license -- effect. Whenever a business trust has complied with the filing requirements as provided in 35-5-201, the secretary of state shall issue to a domestic business trust a certificate of organization or to a foreign business trust a license to do business in this state, and the business trust may thereupon commence business.   History: En. Sec. 4, Ch. 277, L. 1967; amd. Sec. 13, Ch. 62, L. 1977; R.C.M. 1947, 15-2504(3).
MT Code § 35-5-203 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 5. Business Trusts|Part 2. Formation and Operation|35-5-203. Amendment to creating instrument -- filing

  35-5-203. Amendment to creating instrument -- filing. The articles, declaration of trust, or trust agreement by which any business trust was created may be amended in the manner specified therein or in such manner as is valid under the law applicable to such business trust, provided that no such amendment shall be legally effective in this state until a copy thereof, certified as provided in 35-5-201(1)(a), has been filed with the secretary of state of Montana and a copy thereof, certified by the secretary of state, has been filed in the office of the county clerk and recorder in the county where the principal place of business of the trust is located.   History: En. Sec. 5, Ch. 277, L. 1967; R.C.M. 1947, 15-2505.
MT Code § 35-5-204 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 5. Business Trusts|Part 2. Formation and Operation|35-5-204. Powers of business trust to be specified in instrument -- binding effect of instrument

  35-5-204. Powers of business trust to be specified in instrument -- binding effect of instrument. (1) Subject to the provisions of 35-5-205, the powers and authority of any business trust authorized under this chapter to transact business in this state shall be as specified in the instrument by which it was created, as amended, which instrument shall be construed and interpreted in accordance with the law applicable to such business trust, provided that no business trust shall engage in any activity in this state which would violate the public policy of this state or engage in any business in this state which private corporations for profit organized under the laws of this state may not legally transact.   (2) Subject to the limitations on power and authority as provided in subsection (1) of this section, any person dealing with a business trust authorized under this chapter to transact business in this state shall be bound by the terms and conditions of the instrument by which the business trust was created and by any amendments thereto which have been filed and recorded in compliance with 35-5-203.   History: En. Sec. 6, Ch. 277, L. 1967; R.C.M. 1947, 15-2506.
MT Code § 35-5-205 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 5. Business Trusts|Part 2. Formation and Operation|35-5-205. Taxes and fees

  35-5-205. Taxes and fees. Any business trust created under this chapter or entering this state pursuant to this chapter shall pay the taxes and fees imposed by the laws, ordinances, and regulations of this state and its counties and municipalities on domestic and foreign corporations. Fees charged by the secretary of state pursuant to this chapter must be set and deposited in accordance with 2-15-405.   History: En. Sec. 7, Ch. 277, L. 1967; R.C.M. 1947, 15-2507; amd. Sec. 20, Ch. 396, L. 2001.
MT Code § 35-6-101 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 6. Involuntary Corporate Dissolution|Part 1. Dissolution by Secretary of State|35-6-101. Applicability to corporations presently in default

  35-6-101. Applicability to corporations presently in default. (1) The secretary of state may initiate procedures consistent with this chapter to dissolve nonprofit corporations organized under Title 35, chapters 2 and 3.   (2) Administrative dissolution of corporations organized under Title 35, chapters 4 and 9 or chapter 14, is governed by 35-14-1420 through 35-14-1423.   (3) As used in 35-6-103 and 35-6-104, "defaulting corporation" does not include a corporation organized under Title 35, chapters 4 and 9 or chapter 14.   History: En. 15-2706 by Sec. 6, Ch. 455, L. 1977; R.C.M. 1947, 15-2706; amd. Sec. 247, Ch. 271, L. 2019.
MT Code § 35-6-102 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 6. Involuntary Corporate Dissolution|Part 1. Dissolution by Secretary of State|35-6-102. Involuntary dissolution -- grounds

  35-6-102. Involuntary dissolution -- grounds. (1) Any domestic corporation organized under Title 35, chapters 2 and 3, may be dissolved involuntarily by order of the secretary of state when:   (a) the corporation has failed to file its annual report within the time required by law or failed to remit any fees required by law;   (b) the corporation procured its certificate of incorporation through fraud;   (c) the corporation has exceeded or abused the authority conferred upon it by law and the excesses or abuses have continued after a written notice specifying the manner in which the corporation has exceeded or abused the authority has been received by the registered agent of the corporation from the secretary of state;   (d) the corporation has failed for 60 days to appoint and maintain a registered agent in this state; or   (e) the corporation has failed for 60 days after change of its registered agent to file in the office of the secretary of state a statement of the change.   (2) If dissolution is sought under subsection (1)(b) or (1)(c), the secretary of state may dissolve the corporation only when that fact is established by an order of the district court. In addition to other persons authorized by law, the secretary of state or the attorney general may maintain an action in the district court to implement the provisions of this section.   History: En. Sec. 87, Ch. 300, L. 1967; Sec. 15-2287, R.C.M. 1947; amd. and redes. 15-2701 by Sec. 1, Ch. 455, L. 1977; R.C.M. 1947, 15-2701; amd. Sec. 56, Ch. 240, L. 2007; amd. Sec. 248, Ch. 271, L. 2019.
MT Code § 35-6-103 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 6. Involuntary Corporate Dissolution|Part 1. Dissolution by Secretary of State|35-6-103. Defaulting corporations -- penalties and forfeitures

  35-6-103. Defaulting corporations -- penalties and forfeitures. A corporation which is guilty of any of the actions or omissions described in 35-6-102(1) is in default. The defaulting corporation may, by reason of such default, be dissolved involuntarily by an order of the secretary of state in accordance with the provisions of this chapter and thereby forfeit its right to transact any business within the state.   History: En. 15-2702 by Sec. 2, Ch. 455, L. 1977; R.C.M. 1947, 15-2702.
MT Code § 35-6-104 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 6. Involuntary Corporate Dissolution|Part 1. Dissolution by Secretary of State|35-6-104. Involuntary dissolution -- procedure

  35-6-104. Involuntary dissolution -- procedure. (1) On or before September 1 of each year, the secretary of state shall compile a list of defaulting corporations, together with the amount of any filing fee, penalty, or costs remaining unpaid.   (2) The secretary of state shall give notice to the defaulting corporations by:   (a) delivering a letter addressed to the corporation in care of its registered agent or any director or officer; or   (b) publication of a general notice to all Montana corporations once a month for 3 consecutive months in a newspaper of general circulation in Lewis and Clark County.   (3) The notice referred to in subsection (2) shall specify the fact of the proposed dissolution and state that unless the grounds for dissolution described in 35-6-102 have been rectified within 90 days following the delivery or publication of notice:   (a) the secretary of state will dissolve defaulting corporations;   (b) defaulting corporations will forfeit the amount of any tax, penalty, or costs to the state of Montana; and   (c) defaulting corporations will forfeit their rights to carry on business within the state.   (4) After 90 days following delivery or publication of each notice, the secretary of state may, by order, dissolve all corporations which have not satisfied the requirements of applicable law and compile a full and complete list containing the names of all corporations that have been so dissolved. The secretary of state shall immediately give notice to the dissolved corporation as specified in subsection (2).   (5) In the case of involuntary dissolution, all the property and assets of the dissolved corporation must be held in trust by the directors of the corporation and 35-2-729 is applicable to liquidate the property and assets if necessary.   History: En. 15-2703 by Sec. 3, Ch. 455, L. 1977; R.C.M. 1947, 15-2703; amd. Sec. 4, Ch. 78, L. 1979; amd. Secs. 183, 195, Ch. 368, L. 1991; amd. Sec. 171, Ch. 411, L. 1991; amd. Sec. 6, Ch. 23, L. 2017; amd. Sec. 249, Ch. 271, L. 2019.
MT Code § 35-6-201 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 6. Involuntary Corporate Dissolution|Part 2. Reinstatement|35-6-201. Reinstatement of dissolved corporation -- fee

  35-6-201. Reinstatement of dissolved corporation -- fee. (1) The secretary of state may:   (a) reinstate any corporation that has been dissolved under the provisions of this chapter; and   (b) restore to the corporation its right to carry on business in this state and to exercise all its corporate privileges and immunities.   (2) A corporation applying for reinstatement shall submit to the secretary of state the application, executed by a person who was an officer or director at the time of dissolution, setting forth:   (a) the name of the corporation;   (b) a statement that the assets of the corporation have not been liquidated pursuant to 35-2-726 and 35-2-727;   (c) a statement that not less than a majority of its directors have authorized the application for reinstatement; and   (d) if its corporate name has been legally acquired by another corporation prior to its application for reinstatement, the corporate name under which the corporation desires to be reinstated.   (3) The corporation shall submit with its application for reinstatement:   (a) a certificate from the department of revenue stating that all taxes imposed pursuant to Title 15 have been paid;   (b) a filing fee, which must be set and deposited by the secretary of state in accordance with 2-15-405; and   (c) all annual reports not yet filed with the secretary of state.   (4) When all requirements are met and the secretary of state reinstates the corporation to its former rights, the secretary of state shall:   (a) conform and file in the secretary of state's office reports, statements, and other instruments submitted for reinstatement;   (b) immediately issue and deliver to the corporation that is reinstated a certificate of reinstatement authorizing it to transact business; and   (c) upon demand, issue to the corporation one or more certified copies of the certificate of reinstatement.   (5) The secretary of state may not order a reinstatement if 5 years have elapsed since the dissolution.   History: En. 15-2704 by Sec. 4, Ch. 455, L. 1977; R.C.M. 1947, 15-2704(1) thru (4), (6); amd. Sec. 5, Ch. 78, L. 1979; amd. Sec. 51, Ch. 131, L. 1983; amd. Sec. 30, Ch. 174, L. 1983; amd. Sec. 196, Ch. 368, L. 1991; amd. Sec. 172, Ch. 411, L. 1991; amd. Sec. 21, Ch. 396, L. 2001; amd. Sec. 12, Ch. 75, L. 2003; amd. Sec. 250, Ch. 271, L. 2019.
MT Code § 35-6-202 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 6. Involuntary Corporate Dissolution|Part 2. Reinstatement|35-6-202. Relation back of corporate rights restored

  35-6-202. Relation back of corporate rights restored. Any restoration of corporate rights pursuant to this chapter relates back to the date the corporation was involuntarily dissolved, and the corporation shall be considered to have been an existing legal entity from the date of its original incorporation.   History: En. 15-2704 by Sec. 4, Ch. 455, L. 1977; R.C.M. 1947, 15-2704(5).
MT Code § 35-6-203 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 6. Involuntary Corporate Dissolution|Part 2. Reinstatement|35-6-203. Acquisition of new name by corporation upon reinstatement

  35-6-203. Acquisition of new name by corporation upon reinstatement. In all cases where a corporation is dissolved under the provisions of this chapter or has, prior to July 1, 1977, been dissolved under other law and the corporate name of that corporation has been legally acquired by another corporation prior to the application for reinstatement of such dissolved corporation, such dissolved corporation shall in its application for reinstatement submit to the secretary of state some other name under which it desires its corporate existence to be reinstated. If that name is sufficiently distinctive and different from all existing corporations, the secretary of state shall issue to such reinstated corporation a certificate of reinstatement under the new name.   History: En. 15-2705 by Sec. 5, Ch. 455, L. 1977; R.C.M. 1947, 15-2705.
MT Code § 35-7-101 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 7. Model Registered Agents Act|Part 1. Registered Agents|35-7-101. Short title

  35-7-101. Short title. This chapter may be cited as the "Model Registered Agents Act".   History: En. Sec. 1, Ch. 240, L. 2007.
MT Code § 35-7-103 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 7. Model Registered Agents Act|Part 1. Registered Agents|35-7-103. Fees

  35-7-103. Fees. The secretary of state shall by rule set fees for filings and the services provided under this chapter.   History: En. Sec. 3, Ch. 240, L. 2007.
MT Code § 35-7-104 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 7. Model Registered Agents Act|Part 1. Registered Agents|35-7-104. Addresses in filings

  35-7-104. Addresses in filings. Whenever a provision of this chapter other than 35-7-111(1)(d) requires that a filing state an address, the filing must state:   (1) an actual street address or rural route box number in this state; and   (2) a mailing address in this state, if different from the address under subsection (1).   History: En. Sec. 4, Ch. 240, L. 2007.
MT Code § 35-7-105 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 7. Model Registered Agents Act|Part 1. Registered Agents|35-7-105. Appointment of registered agent

  35-7-105. Appointment of registered agent. (1) A registered agent filing must state:   (a) the name of the represented entity's commercial registered agent; or   (b) if the entity does not have a commercial registered agent, the name and address of the entity's noncommercial registered agent.   (2) The appointment of a registered agent pursuant to subsection (1)(a) or (1)(b) is an affirmation by the represented entity that the agent has consented to serve as a registered agent.   (3) The secretary of state shall notify the registered agent as soon as practicable of filings that contain the name of the registered agent. The list must:   (a) be available for at least 14 calendar days; and   (b) state the type of filing and name of the represented entity making the filing.   History: En. Sec. 5, Ch. 240, L. 2007.
MT Code § 35-7-106 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 7. Model Registered Agents Act|Part 1. Registered Agents|35-7-106. Listing of commercial registered agent

  35-7-106. Listing of commercial registered agent. (1) An individual or a domestic or foreign entity may become listed as a commercial registered agent by filing with the secretary of state a commercial registered agent listing statement signed by or on behalf of the person that states:   (a) the name of the individual or the name, type, and jurisdiction of organization of the entity;   (b) that the person is in the business of serving as a commercial registered agent in this state; and   (c) the address of a place of business of the person in this state to which service of process and other notice and documents being served on or sent to entities represented by it may be delivered.   (2) If the name of a person filing a commercial registered agent listing statement is not distinguishable on the records of the secretary of state from the name of another commercial registered agent listed under this section, the person shall adopt a fictitious name that is distinguishable and use that name in its statement and when it does business in this state as a commercial registered agent.   (3) A commercial registered agent listing statement takes effect on filing.   (4) The secretary of state shall note the filing of the commercial registered agent listing statement in the index of filings maintained by the secretary of state for each entity represented by the registered agent at the time of the filing. The statement has the effect of deleting the address of the registered agent from the registered agent filing of each of those entities.   History: En. Sec. 6, Ch. 240, L. 2007.
MT Code § 35-7-107 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 7. Model Registered Agents Act|Part 1. Registered Agents|35-7-107. Termination of listing of commercial registered agent

  35-7-107. Termination of listing of commercial registered agent. (1) A commercial registered agent may terminate its listing as a commercial registered agent by filing with the secretary of state a commercial registered agent termination statement signed by or on behalf of the agent that states:   (a) the name of the agent as currently listed under 35-7-106; and   (b) that the agent is no longer in the business of serving as a commercial registered agent in this state.   (2) A commercial registered agent termination statement takes effect on the 31st day after the day on which it is filed.   (3) The commercial registered agent shall promptly furnish each entity represented by it with notice in a record of the filing of the commercial registered agent termination statement.   (4) When a commercial registered agent termination statement takes effect, the registered agent ceases to be an agent for service of process on each entity formerly represented by it. Until an entity formerly represented by a terminated commercial registered agent appoints a new registered agent, service of process may be made on the entity as provided in 35-7-113. Termination of the listing of a commercial registered agent under this section does not affect any contractual rights a represented entity may have against the agent or that the agent may have against the entity.   History: En. Sec. 7, Ch. 240, L. 2007.