reglab/housing_qa huggingface dataset:
MT Code § 35-18-105 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 18. Rural Cooperative Utilities|Part 1. General|35-18-105. Permissible purposes for incorporation

  35-18-105. Permissible purposes for incorporation. Cooperative nonprofit membership corporations may be organized under this chapter:   (1) for the purpose of supplying electrical energy and promoting and extending the use of electrical energy in rural areas, as provided in this chapter;   (2) for the purposes of making generally available adequate telephone service, cable television service, or broadband facilities through the improvement and expansion of existing telephone, cable television, or broadband facilities and the construction and operation of additional facilities as are required to ensure the availability of service to the widest practicable number of users of telephone service, cable television service, or broadband facilities; and   (3) for purposes allowable under federal authorization, including rural economic development activities.   History: En. Sec. 2, Ch. 172, L. 1939; amd. Sec. 2, Ch. 80, L. 1957; amd. Sec. 9, Ch. 7, L. 1971; R.C.M. 1947, 14-502(part); amd. Sec. 2, Ch. 237, L. 1979; amd. Sec. 1, Ch. 254, L. 1985; amd. Sec. 3, Ch. 168, L. 1987; amd. Sec. 1, Ch. 61, L. 1993; amd. Sec. 41, Ch. 7, L. 2001.
MT Code § 35-18-107 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 18. Rural Cooperative Utilities|Part 1. General|35-18-107. Foreign corporations

  35-18-107. Foreign corporations. (1) Any corporation organized under the laws of a state adjacent to this state on a nonprofit or a cooperative basis for the purpose of supplying electrical energy in rural areas and owning and operating electric transmission or distribution lines in that state is permitted to extend its lines into and transact business in this state without complying with any statute of this state pertaining to the qualification of foreign corporations for the transaction of business in this state.   (2) The foreign corporation, as a prerequisite to the extension of its lines into and the transaction of business in this state, shall, by an instrument executed and acknowledged in its behalf by its president or vice president under its corporate seal attested by its secretary, designate the secretary of state its agent to accept service of process in its behalf. In the event that any process is served upon the secretary of state, the secretary of state shall as soon as possible forward the process by certified mail to the corporation at the address of the corporation specified in the instrument.   (3) The corporation may sue and be sued in the courts of this state to the same extent that a cooperative may sue or be sued in the courts.   (4) The corporation may secure its notes, bonds, or other evidences of indebtedness by mortgage, pledge, deed of trust, or other encumbrance upon any or all of its then-owned or after-acquired real or personal property, assets, or franchises located or to be located in this state and also upon the revenue and income to be derived from them.   History: En. Sec. 26, Ch. 172, L. 1939; R.C.M. 1947, 14-526; amd. Sec. 43, Ch. 7, L. 2001.
MT Code § 35-18-108 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 18. Rural Cooperative Utilities|Part 1. General|35-18-108. Waiver of notice

  35-18-108. Waiver of notice. (1) Whenever any notice is required to be given under the provisions of this chapter or under the provisions of the articles of incorporation or bylaws of a cooperative, waiver thereof in writing, signed by the person or persons entitled to such notice whether before or after the time fixed for the giving of such notice, shall be deemed equivalent to such notice.   (2) If a person or persons entitled to notice of a meeting shall attend such meeting, such attendance shall constitute a waiver of notice of the meeting, except in case the attendance is for the express purpose of objecting to the transaction of any business because the meeting shall not have been lawfully called or convened.   History: En. Sec. 24, Ch. 172, L. 1939; R.C.M. 1947, 14-524.
MT Code § 35-18-109 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 18. Rural Cooperative Utilities|Part 1. General|35-18-109. No area restriction -- telephone cooperatives

  35-18-109. No area restriction -- telephone cooperatives. A telephone cooperative, regardless of when it was organized pursuant to 35-18-105, is not restricted by population of area served or other criteria to any area of service.   History: En. Sec. 1, Ch. 168, L. 1987.
MT Code § 35-18-201 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 18. Rural Cooperative Utilities|Part 2. Formation -- Articles of Incorporation -- Bylaws|35-18-201. Name

  35-18-201. Name. (1) The name of each cooperative shall include the words "electric" or "telephone" and "cooperative" and the abbreviation "Inc."; provided, however, such limitations shall not apply if, in an affidavit made by the president or vice-president of a cooperative and filed with the secretary of state, it shall appear that the cooperative desires to transact business in another state and is precluded therefrom by reason of its name.   (2) The name of a cooperative shall distinguish it from the name of any other corporation organized under the laws of or authorized to transact business in this state.   (3) The words "electric" or "telephone" and "cooperative" shall not both be used in the name of any corporation organized under the laws of or authorized to transact business in this state, except a cooperative or a corporation transacting business in this state pursuant to the provisions of this chapter.   History: En. Sec. 4, Ch. 172, L. 1939; amd. Sec. 4, Ch. 80, L. 1957; R.C.M. 1947, 14-504.
MT Code § 35-18-202 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 18. Rural Cooperative Utilities|Part 2. Formation -- Articles of Incorporation -- Bylaws|35-18-202. Incorporators

  35-18-202. Incorporators. Five or more natural persons or two or more cooperatives may organize a cooperative in the manner hereinafter provided.   History: En. Sec. 5, Ch. 172, L. 1939; R.C.M. 1947, 14-505.
MT Code § 35-18-203 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 18. Rural Cooperative Utilities|Part 2. Formation -- Articles of Incorporation -- Bylaws|35-18-203. Articles of incorporation

  35-18-203. Articles of incorporation. (1) The articles of incorporation of a cooperative must state in the caption that the articles of incorporation are executed pursuant to this chapter, must be signed by each of the incorporators, and must state:   (a) the name of the cooperative;   (b) the address of its principal office;   (c) the names and addresses of the incorporators;   (d) the names and addresses of the persons who constitute its first board of trustees; and   (e) any provisions not inconsistent with this chapter considered necessary or advisable for the conduct of its business and affairs.   (2) In addition to provisions required in subsection (1), the articles of incorporation may also contain:   (a) provisions not inconsistent with law regarding liability as provided in 35-14-202; and   (b) provisions for classification of members in a cooperative.   (3) A cooperative's articles of incorporation must be submitted to the secretary of state for filing as provided in this chapter.   (4) It is not necessary to include in the articles of incorporation of a cooperative the purpose for which it is organized or any of the corporate powers vested in a cooperative under this chapter.   History: En. Sec. 6, Ch. 172, L. 1939; R.C.M. 1947, 14-506; amd. Sec. 40, Ch. 174, L. 1983; amd. Sec. 6, Ch. 559, L. 1987; amd. Sec. 211, Ch. 368, L. 1991; amd. Sec. 4, Ch. 406, L. 2001; amd. Sec. 265, Ch. 271, L. 2019.
MT Code § 35-18-204 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 18. Rural Cooperative Utilities|Part 2. Formation -- Articles of Incorporation -- Bylaws|35-18-204. Amendment of articles of incorporation

  35-18-204. Amendment of articles of incorporation. A cooperative may amend its articles of incorporation by complying with the following requirements:   (1) The proposed amendment shall be first approved by the board of trustees and shall then be submitted to a vote of the members at any annual or special meeting thereof, the notice of which shall set forth the proposed amendment. The proposed amendment, with such changes as the members shall choose to make therein, shall be deemed to be approved on the affirmative vote of not less than two-thirds of those members voting thereon at such meeting.   (2) Upon such approval by the members, articles of amendment shall be executed on behalf of the cooperative by its president or vice-president and its corporate seal shall be affixed thereto and attested by its secretary. The articles of amendment shall recite in the caption that they are executed pursuant to this chapter and shall state:   (a) the name of the cooperative;   (b) the address of its principal office;   (c) the date of the filing of its articles of incorporation in the office of the secretary of state; and   (d) the amendment to its articles of incorporation.   (3) The president or vice-president executing such articles of amendment shall also make and annex thereto an affidavit stating that the provisions of this section were duly complied with.   (4) Such articles of amendment and affidavit shall be submitted to the secretary of state for filing as provided in this chapter.   History: En. Sec. 12, Ch. 172, L. 1939; R.C.M. 1947, 14-512(a); amd. Sec. 41, Ch. 174, L. 1983.
MT Code § 35-18-205 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 18. Rural Cooperative Utilities|Part 2. Formation -- Articles of Incorporation -- Bylaws|35-18-205. Change of principal office without amendment

  35-18-205. Change of principal office without amendment. A cooperative may, without amending its articles of incorporation, upon authorization of its board of trustees, change the location of its principal office by filing a certificate of change of principal office executed by its president or vice-president, under its seal attested by its secretary, in the office of the secretary of state and also in each county office in which its articles of incorporation or any prior certificate of change of principal office of such cooperative has been filed and paying the fees prescribed in this chapter in connection therewith. Such cooperative shall also, within 30 days after the filing of such certificate of change of principal office in any county office, file therein certified copies of its articles of incorporation and all amendments thereto, if not already on file therein.   History: En. Sec. 12, Ch. 172, L. 1939; R.C.M. 1947, 14-512(b); amd. Sec. 42, Ch. 174, L. 1983.
MT Code § 35-18-207 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 18. Rural Cooperative Utilities|Part 2. Formation -- Articles of Incorporation -- Bylaws|35-18-207. Bylaws

  35-18-207. Bylaws. (1) The original bylaws of a cooperative must be adopted by its board of trustees.  (2) (a) Except as provided in subsection (2)(b), after adoption of original bylaws, the bylaws must be adopted, amended, or repealed by its members.   (b) If bylaws do not enable remote communication, the board may hold a remote meeting of the members for the purpose of member consideration of bylaw changes needed to authorize the board, at its discretion, to utilize remote communication.   (3) The bylaws must set forth the rights and duties of members and trustees and may contain other provisions for the regulation and management of the affairs of the cooperative not inconsistent with this chapter or with the articles of incorporation.   History: En. Sec. 7, Ch. 172, L. 1939; R.C.M. 1947, 14-507; amd. Sec. 2, Ch. 74, L. 2021.
MT Code § 35-18-301 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 18. Rural Cooperative Utilities|Part 3. Operation -- Members, Trustees, and Officers|35-18-301. Members

  35-18-301. Members. (1) A person who is not an incorporator may not become a member of a cooperative unless that person agrees to use electrical energy, electrical energy delivery services, or telephone service as provided by the cooperative's bylaws.   (2) Membership in the cooperative is not transferable, except as provided in the bylaws. The articles of incorporation or the bylaws may allow joint membership and may prescribe additional qualifications, limitations, rights, and obligations in respect to any membership and membership class, including but not limited to the number of trustees that each class or membership or class or classes of membership within a voting district under 35-18-313 are entitled to elect.   (3) The articles of incorporation or the bylaws of a cooperative may provide for classifications of members in a cooperative.   (4) Members or a class or classes of members may designate voting delegates, as provided by 35-18-313 and the cooperative's bylaws, and may vote through their designated voting delegates. The bylaws may provide that each classification of members may designate a different number and method for selecting and governing voting delegates.   History: En. Sec. 8, Ch. 172, L. 1939; amd. Sec. 5, Ch. 80, L. 1957; R.C.M. 1947, 14-508(a); amd. Sec. 45, Ch. 7, L. 2001; amd. Sec. 5, Ch. 406, L. 2001.
MT Code § 35-18-302 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 18. Rural Cooperative Utilities|Part 3. Operation -- Members, Trustees, and Officers|35-18-302. Nonliability of members, trustees, and officers for debts of cooperative

  35-18-302. Nonliability of members, trustees, and officers for debts of cooperative. (1) The private property of the members of a cooperative is exempt from execution for the debts of the cooperative, and a member is not liable or responsible for any debts or obligations of the cooperative.   (2) A trustee or officer of a cooperative or acting for a cooperative is not personally liable to the cooperative or its members for any actions taken or a failure to take action as a trustee or officer unless:   (a) the trustee or officer fails to perform the trustee's or officer's responsibilities, including those provided in 35-18-325 and 35-18-326; and   (b) the failure to perform constitutes willful misconduct or recklessness.   History: En. Sec. 22, Ch. 172, L. 1939; R.C.M. 1947, 14-522; amd. Sec. 10, Ch. 173, L. 2001.
MT Code § 35-18-303 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 18. Rural Cooperative Utilities|Part 3. Operation -- Members, Trustees, and Officers|35-18-303. Meetings of members -- general and special -- place -- notice -- quorum -- voting

  35-18-303. Meetings of members -- general and special -- place -- notice -- quorum -- voting. (1) An annual meeting of the members must be held at a time provided in the bylaws.  (2) Special meetings of the members may be called by the board of trustees, by any three trustees, by not less than 10% of the members, or by the president.   (3) Meetings of members must be held as provided in the bylaws. In the absence of a provision, all meetings must be held as determined by the board of trustees.   (4) Except as otherwise provided in this chapter, written or printed notice stating the time and place of each meeting of members and, in the case of a special meeting, the purpose or purposes for which the meeting is called must be given to each member, either personally, by mail, or by another method not less than 10 or more than 25 days before the date of the meeting.   (5) Five percent of all members present or 50 members present, whichever is fewer, constitutes a quorum for the transaction of business at all meetings of the members, but the bylaws may prescribe the presence of a greater percentage or number of the members for a quorum. If less than a quorum is present at any meeting, a majority of those present may adjourn the meeting from time to time without further notice.   (6) Each member is entitled to one vote on each matter submitted to a vote at a meeting. Voting is by members present but, if the bylaws provide, may also be by proxy, by mail, by electronic voting, or by any combination of the three. If the bylaws provide for voting by proxy, by mail, or by electronic voting, they must also prescribe the conditions under which proxy, mail, or electronic voting, or any combination of the three is exercised. In any event, a person may not vote as a proxy for more than three members at a meeting of the members.   History: En. Sec. 8, Ch. 172, L. 1939; amd. Sec. 5, Ch. 80, L. 1957; R.C.M. 1947, 14-508(b) thru (g); amd. Sec. 1, Ch. 131, L. 1981; amd. Sec. 3, Ch. 74, L. 2021.
MT Code § 35-18-304 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 18. Rural Cooperative Utilities|Part 3. Operation -- Members, Trustees, and Officers|35-18-304. Initiative by members -- approval of trustees not required

  35-18-304. Initiative by members -- approval of trustees not required. (1) Notwithstanding any other provision of this chapter, there shall be submitted to the members of a cooperative any proposition embodied in a petition signed by not less than 10% of its members, together with any document submitted with such petition to give the effect to the proposition, either at a special meeting of the members held within 45 days after the presentation of such petition or, if the date of the next annual meeting of members falls within 90 days after such presentation or if the petition so requests, at such annual meeting.   (2) The approval of the board of trustees shall not be required in respect of any proposition or document submitted to the members pursuant to this section and approved by them, but such proposition or document shall be subject to all other applicable provisions of this chapter. The affidavit or affidavits required to be filed with any such document pursuant to applicable provisions of this chapter shall, in such case, be modified to show compliance with the provisions of this section.   History: En. Sec. 17, Ch. 172, L. 1939; R.C.M. 1947, 14-517.
MT Code § 35-18-305 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 18. Rural Cooperative Utilities|Part 3. Operation -- Members, Trustees, and Officers|35-18-305. through 35-18-310 reserved

  35-18-305 through 35-18-310 reserved.
MT Code § 35-18-311 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 18. Rural Cooperative Utilities|Part 3. Operation -- Members, Trustees, and Officers|35-18-311. Board of trustees -- number -- qualifications -- removal -- compensation -- husband and wife

  35-18-311. Board of trustees -- number -- qualifications -- removal -- compensation -- husband and wife. (1) The business and affairs of a cooperative must be managed by a board of not less than five trustees, each of whom must be a member of the cooperative or of another cooperative that is a member of the cooperative. The bylaws must prescribe the number of trustees, their qualifications, other than those provided for in this chapter, the manner of holding meetings of the board of trustees and of the election of successors to trustees who resign, die, or are otherwise incapable of acting. The bylaws may also provide for the removal of trustees from office and for the election of their successors.   (2) Without approval of the membership, trustees:   (a) may not receive any salaries for their services as trustees, except trustees may receive the same insurance coverage provided to cooperative employees; and   (b) except in emergencies, may not be employed by the cooperative in any capacity involving compensation.   (3) The bylaws may provide that the board of trustees may establish a fixed sum, including expenses of attendance, if any, to be allowed for:   (a) attendance at each meeting of the board of trustees or any committee of the board of trustees; or   (b) representing the cooperative at any meeting or on any business whenever representation has been approved by the board.   (4) If a husband and wife hold joint membership in a cooperative, either one but not both may be elected a trustee.   (5) The policies of the cooperative may provide that benefits provided to employees may be extended to trustees.   History: En. Sec. 9, Ch. 172, L. 1939; amd. Sec. 1, Ch. 208, L. 1965; R.C.M. 1947, 14-509(a), (d); amd. Sec. 1, Ch. 237, L. 1981; amd. Sec. 1, Ch. 41, L. 1993.
MT Code § 35-18-312 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 18. Rural Cooperative Utilities|Part 3. Operation -- Members, Trustees, and Officers|35-18-312. Trustees -- term -- quorum -- powers

  35-18-312. Trustees -- term -- quorum -- powers. (1) The trustees of a cooperative named in any articles of incorporation, consolidation, merger, or conversion hold office until the next annual meeting of the members or until their successors have been elected and qualified. At each annual meeting or, in case of failure to hold the annual meeting as specified in the bylaws, at a special meeting called for that purpose, the members shall elect trustees who may serve for 1-, 2-, or 3-year terms. Each trustee holds office for the term for which the trustee is elected or until a successor is elected and qualified.   (2) A majority of the board of trustees constitutes a quorum.   (3) The board of trustees may exercise all of the powers of a cooperative, except powers that are conferred upon the members by this chapter or its articles of incorporation or bylaws.   History: En. Sec. 9, Ch. 172, L. 1939; amd. Sec. 1, Ch. 208, L. 1965; R.C.M. 1947, 14-509(b), (c), (e); amd. Sec. 1337, Ch. 56, L. 2009.