reglab/housing_qa huggingface dataset:
MT Code § 35-7-108 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 7. Model Registered Agents Act|Part 1. Registered Agents|35-7-108. Change of registered agent by entity

  35-7-108. Change of registered agent by entity. (1) A represented entity may change the information currently on file under 35-7-105(1) by filing with the secretary of state a statement of change signed on behalf of the entity that states:   (a) the name of the entity; and   (b) the information that is to be in effect as a result of the filing of the statement of change.   (2) The interest holders or governors of a domestic entity need not approve the filing of:   (a) a statement of change under this section; or   (b) a similar filing changing the registered agent or registered office of the entity in any other jurisdiction.   (3) The appointment of a registered agent pursuant to subsection (1) is an affirmation by the represented entity that the agent has consented to serve as a registered agent.   (4) A statement of change filed under this section takes effect on filing.   (5) As an alternative to using the procedures in this section, a represented entity may change the information currently on file under 35-7-105(1) by amending its most recent registered agent filing in the manner provided by the laws of this state other than this chapter for amending that filing.   History: En. Sec. 8, Ch. 240, L. 2007.
MT Code § 35-7-109 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 7. Model Registered Agents Act|Part 1. Registered Agents|35-7-109. Change of name or address by noncommercial registered agent

  35-7-109. Change of name or address by noncommercial registered agent. (1) If a noncommercial registered agent changes its name or its address as currently in effect with respect to a represented entity pursuant to 35-7-105(1), the agent shall file with the secretary of state, with respect to each entity represented by the agent, a statement of change signed by or on behalf of the agent that states:   (a) the name of the entity;   (b) the name and address of the agent as currently in effect with respect to the entity;   (c) if the name of the agent has changed, its new name; and   (d) if the address of the agent has changed, the new address.   (2) A statement of change filed under this section takes effect on filing.   (3) A noncommercial registered agent shall promptly furnish the represented entity with notice in a record of the filing of a statement of change and the changes made by the filing.   History: En. Sec. 9, Ch. 240, L. 2007.
MT Code § 35-7-110 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 7. Model Registered Agents Act|Part 1. Registered Agents|35-7-110. Change of name, address, or type of organization by commercial registered agent

  35-7-110. Change of name, address, or type of organization by commercial registered agent. (1) If a commercial registered agent changes its name as a result of a merger, conversion, exchange, sale, reorganization, or amendment, its address as currently listed under 35-7-106(1), or its type or jurisdiction of organization, the agent shall file with the secretary of state a statement of change signed by or on behalf of the agent that states:   (a) the name of the agent as currently listed under 35-7-106(1);   (b) if the name of the agent has changed, its new name;   (c) if the address of the agent has changed, the new address; and   (d) if the type or jurisdiction of organization of the agent has changed, the new type or jurisdiction of organization.   (2) The filing of a statement of change under subsection (1) is effective to change the information regarding the commercial registered agent with respect to each entity represented by the agent.   (3) A statement of change filed under this section takes effect on filing.   (4) A commercial registered agent shall promptly furnish each entity represented by it with notice in a record of the filing of a statement of change relating to the name or address of the agent and the changes made by the filing.   (5) If a commercial registered agent changes its address without filing a statement of change as required by this section, the secretary of state may cancel the listing of the agent under 35-7-106. A cancellation under this subsection has the same effect as a termination under 35-7-107. Promptly after canceling the listing of an agent, the secretary of state shall deliver notice on:   (a) each entity represented by the agent, stating that the agent has ceased to be an agent for service of process on the entity and that, until the entity appoints a new registered agent, service of process may be made on the entity as provided in 35-7-113; and   (b) the agent, stating that the listing of the agent has been canceled under this section.   (6) The secretary of state shall note the filing of the commercial registered agent change statement in the index of filings maintained by the secretary of state for each entity represented by the registered agent at the time of filing.   History: En. Sec. 10, Ch. 240, L. 2007; amd. Sec. 7, Ch. 23, L. 2017.
MT Code § 35-7-111 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 7. Model Registered Agents Act|Part 1. Registered Agents|35-7-111. Resignation of registered agent

  35-7-111. Resignation of registered agent. (1) A registered agent may resign at any time with respect to a represented entity by filing with the secretary of state a statement of resignation signed by or on behalf of the agent that states:   (a) the name of the entity;   (b) the name of the agent;   (c) that the agent resigns from serving as agent for service of process for the entity; and   (d) the name and address of the person to which the agent will send the notice required by subsection (3).   (2) A statement of resignation takes effect on the earlier of the 31st day after the day on which it is filed or the appointment of a new registered agent for the represented entity.   (3) The registered agent shall promptly furnish the represented entity notice in a record of the date on which a statement of resignation was filed.   (4) When a statement of resignation takes effect, the registered agent ceases to have responsibility for any matter tendered to it as agent for the represented entity. A resignation under this section does not affect any contractual rights the entity has against the agent or that the agent has against the entity.   (5) A registered agent may resign with respect to a represented entity whether or not the entity is in good standing.   History: En. Sec. 11, Ch. 240, L. 2007.
MT Code § 35-7-112 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 7. Model Registered Agents Act|Part 1. Registered Agents|35-7-112. Appointment of agent by nonfiling or nonqualified foreign entity

  35-7-112. Appointment of agent by nonfiling or nonqualified foreign entity. (1) A domestic entity that is not a filing entity or a nonqualified foreign entity may file with the secretary of state a statement appointing an agent for service of process signed on behalf of the entity that states:   (a) the name, type, and jurisdiction of organization of the entity; and   (b) the information required by 35-7-105(1).   (2) A statement appointing an agent for service of process takes effect on filing.   (3) The appointment of a registered agent under this section does not qualify a nonqualified foreign entity to do business in this state and is not sufficient alone to create personal jurisdiction over the nonqualified foreign entity in this state.   (4) A statement appointing an agent for service of process may not be rejected for filing because the name of the entity filing the statement is not distinguishable on the records of the secretary of state from the name of another entity appearing in those records. The filing of a statement appointing an agent for service of process does not make the name of the entity filing the statement unavailable for use by another entity.   (5) An entity that has filed a statement appointing an agent for service of process may cancel the statement by filing a statement of cancellation, which takes effect upon filing, and must state the name of the entity and that the entity is canceling its appointment of an agent for service of process in this state. A statement appointing an agent for service of process that has not been canceled earlier is effective for a period of 5 years after the date of filing.   (6) A statement appointing an agent for service of process for a nonqualified foreign entity terminates automatically on the date the entity becomes a qualified foreign entity.   History: En. Sec. 12, Ch. 240, L. 2007.
MT Code § 35-7-113 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 7. Model Registered Agents Act|Part 1. Registered Agents|35-7-113. Service of process on entities

  35-7-113. Service of process on entities. (1) A registered agent is an agent of the represented entity authorized to receive service of any process, notice, or demand required or permitted by law to be served on the entity.   (2) If an entity that previously filed a registered agent filing with the secretary of state no longer has a registered agent or if its registered agent cannot with reasonable diligence be served, the entity may be served in accordance with any applicable judicial rules and procedures.   (3) Service of process, notice, or demand on a registered agent must be in the form of a written document.   (4) Service of process, notice, or demand may be perfected by any other means prescribed by law other than this chapter.   History: En. Sec. 13, Ch. 240, L. 2007.
MT Code § 35-7-114 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 7. Model Registered Agents Act|Part 1. Registered Agents|35-7-114. Duties of registered agent

  35-7-114. Duties of registered agent. The only duties under this chapter of a registered agent that has complied with this chapter are:   (1) to forward to the represented entity at the address most recently supplied to the agent by the entity any process, notice, or demand that is served on the agent;   (2) to provide the notices required by this chapter to the entity at the address most recently supplied to the agent by the entity;   (3) if the agent is a noncommercial registered agent, to keep current the information required by 35-7-105(1) in the most recent registered agent filing for the entity; and   (4) if the agent is a commercial registered agent, to keep current the information listed for it under 35-7-106(1).   History: En. Sec. 14, Ch. 240, L. 2007.
MT Code § 35-7-115 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 7. Model Registered Agents Act|Part 1. Registered Agents|35-7-115. Jurisdiction

  35-7-115. Jurisdiction. The appointment or maintenance in this state of a registered agent does not by itself create the basis for personal jurisdiction over the represented entity in this state.   History: En. Sec. 15, Ch. 240, L. 2007.
MT Code § 35-7-116 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 7. Model Registered Agents Act|Part 1. Registered Agents|35-7-116. Consistency of application

  35-7-116. Consistency of application. In applying and construing this chapter, consideration must be given to the need to promote consistency of the law with respect to its subject matter among states that enact it.   History: En. Sec. 16, Ch. 240, L. 2007.
MT Code § 35-7-117 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 7. Model Registered Agents Act|Part 1. Registered Agents|35-7-117. Relation to Electronic Signatures in Global and National Commerce Act

  35-7-117. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).   History: En. Sec. 17, Ch. 240, L. 2007.
MT Code § 35-8-101 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 1. General Provisions|35-8-101. Short title

  35-8-101. Short title. This chapter may be cited as the "Montana Limited Liability Company Act".   History: En. Sec. 1, Ch. 120, L. 1993.
MT Code § 35-8-103 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 1. General Provisions|35-8-103. Name

  35-8-103. Name. (1) (a) The name of each limited liability company as set forth in its articles of organization must contain the words "limited liability company" or "limited company" or the abbreviations "l.l.c.", "l.c.", "llc", or "lc". The word "limited" may be abbreviated as "ltd.", and the word "company" may be abbreviated as "co.".   (b) The name of a limited liability company as set forth in its articles of organization may not contain business name identifiers, as defined in 30-13-201, or other language that states or implies that the limited liability company is a business other than a limited liability company.   (2) A limited liability company name must be distinguishable on the records of the secretary of state from:   (a) the name of any business corporation, nonprofit corporation, limited partnership, or limited liability company organized or reserved under the laws of this state;   (b) the name of any foreign business corporation, foreign nonprofit corporation, foreign limited partnership, or foreign limited liability company registered or qualified to do business in this state;   (c) any assumed business name, limited partnership name, trademark, service mark, or other name registered or reserved with the secretary of state; and   (d) the corporate name of a domestic corporation that has dissolved but only for a period of 120 days after the effective date of its dissolution.   (3) The use of the name of a limited liability company by another limited liability company or limited partnership is governed by 35-14-401.   (4) Contests over names registered under this section are governed by 35-14-401.   History: En. Sec. 3, Ch. 120, L. 1993; amd. Sec. 17, Ch. 229, L. 1999; amd. Sec. 6, Ch. 27, L. 2001; amd. Sec. 251, Ch. 271, L. 2019.
MT Code § 35-8-104 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 1. General Provisions|35-8-104. Reservation of name

  35-8-104. Reservation of name. (1) The exclusive right to use a name may be reserved by:   (a) a person intending to organize a limited liability company and to adopt that name;   (b) a limited liability company or foreign limited liability company registered in this state that intends to adopt that name;   (c) a foreign limited liability company intending to register in this state and to adopt that name; or   (d) a person intending to organize a foreign limited liability company and to have it registered in this state and to adopt that name.   (2) The reservation must be made by filing with the secretary of state an application, executed by the applicant, to reserve a specified name. If the secretary of state finds that the name is available for use by a domestic or foreign limited liability company, the secretary of state shall reserve the name for the exclusive use of the applicant for a nonrenewable period of 120 days from the date the application is filed.   (3) The right to the exclusive use of a reserved name may be transferred to another person by filing with the secretary of state a notice of the transfer, executed by the applicant for whom the name was reserved, and by specifying the name to be transferred and the name and address of the transferee. The transfer may not extend the term during which the name is reserved.   History: En. Sec. 4, Ch. 120, L. 1993; amd. Sec. 18, Ch. 229, L. 1999.
MT Code § 35-8-105 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 1. General Provisions|35-8-105. Repealed

  35-8-105. Repealed. Secs. 68, 70, Ch. 240, L. 2007.   History: En. Sec. 5, Ch. 120, L. 1993; amd. Sec. 13, Ch. 75, L. 2003.
MT Code § 35-8-106 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 1. General Provisions|35-8-106. Purpose

  35-8-106. Purpose. (1) A limited liability company organized under 35-8-201 through 35-8-211 has the purpose of engaging in any lawful business unless a more limited purpose is set forth in the articles of organization.   (2) Limited liability companies may be organized under 35-8-201 through 35-8-211 for any lawful purpose except for the purpose of banking or insurance. For purposes of this subsection, the term "insurance" does not include a limited liability company organized for the lawful purpose of captive insurance under Title 33, chapter 28.   History: En. Sec. 6, Ch. 120, L. 1993; amd. Sec. 1, Ch. 205, L. 2015.
MT Code § 35-8-108 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 1. General Provisions|35-8-108. Registered name of foreign limited liability company -- registration renewal

  35-8-108. Registered name of foreign limited liability company -- registration renewal. (1) A foreign limited liability company may register its name or its name with any addition required by 35-8-103 if the name is distinguishable from names that are not available under 35-8-103(2).   (2) A foreign limited liability company shall register its name or its name with any addition required by 35-8-103 by delivering to the secretary of state for filing an application setting forth:   (a) its name or its name with any addition required by 35-8-103;   (b) the state, tribe, or country where it was organized;   (c) the date of its organization;   (d) a brief description of the nature of its business;   (e) a statement that the foreign limited liability company has complied with the organizational laws in the jurisdiction in which it is organized and that the foreign limited liability company exists in that jurisdiction; and   (f) if applicable, a statement that it has one or more series of members and whether the debts or liabilities of a series of members are enforceable against the assets of that series of members only and not against the assets of the company generally or another series of members.   (3) The name, if accepted by the secretary of state, is registered for the applicant's exclusive use as of the date the application is filed with the secretary of state.   (4) A foreign limited liability company may annually renew its registration for successive years by delivering to the secretary of state a renewal application that complies with the requirements of subsection (2). The renewal application must be received by the secretary of state for filing between October 1 and December 31 of the year preceding the year for which a renewal is sought. The renewal is effective until December 31 of the following year.   (5) A foreign limited liability company has the right to use its registered name until the registration of the name is canceled as a result of it consenting to the use of the registered name by another business entity authorized to do business in this state or until the foreign limited liability company applies for and receives a certificate of authority to transact business in this state or it organizes as a domestic limited liability company in this state. A foreign limited liability company receiving a certificate of authority to transact business in this state or that organizes as a domestic limited liability company may use the canceled registered name as its business name.   History: En. Sec. 19, Ch. 229, L. 1999; amd. Sec. 3, Ch. 183, L. 2013; amd. Sec. 7, Ch. 42, L. 2015; amd. Sec. 19, Ch. 280, L. 2015.
MT Code § 35-8-109 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 1. General Provisions|35-8-109. Effect of operating agreement -- nonwaivable provisions

  35-8-109. Effect of operating agreement -- nonwaivable provisions. (1) Except as provided in subsection (2), all members of a limited liability company may enter into an operating agreement, which need not be in writing, to regulate the affairs of the company and the conduct of its business and to govern relations among the members, managers, and company. To the extent that the operating agreement does not otherwise provide, this chapter governs relations among the members, managers, and company.   (2) An operating agreement need not be in writing except as otherwise provided in this chapter to:   (a) vary the recordkeeping requirements under 35-8-405;   (b) vary the rights of members to share in distributions under 35-8-601 or 35-8-903; or   (c) vary the process for admission of members under 35-8-707.   (3) The operating agreement may not:   (a) unreasonably restrict a right to information or access to records under 35-8-405;   (b) eliminate the duty of loyalty under 35-8-310, but the agreement may:   (i) identify specific types or categories of activities that do not violate the duty of loyalty, if not manifestly unreasonable; and   (ii) specify the number or percentage of members or disinterested managers that may authorize or ratify, after full disclosure of all material facts, a specific act or transaction that otherwise would violate the duty of loyalty;   (c) unreasonably reduce the duty of care under 35-8-310;   (d) eliminate the obligation of good faith and fair dealing under 35-8-310, but the operating agreement may determine the standards by which the performance of the obligation is to be measured, if the standards are not manifestly unreasonable;   (e) vary the right to expel a member upon the occurrence of an event specified in 35-8-803;   (f) vary the requirement to wind up the limited liability company's business in a case specified in 35-8-901(1)(c) or 35-8-902; or   (g) restrict the rights of a person under this chapter, other than a manager, member, or transferee of a member's distributional interest.   History: En. Sec. 2, Ch. 302, L. 1999.
MT Code § 35-8-110 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 1. General Provisions|35-8-110. Purpose -- supplemental principles of law -- interest rate

  35-8-110. Purpose -- supplemental principles of law -- interest rate. (1) Unless displaced by particular provisions of this chapter, the principles of law and equity supplement this chapter.   (2) If an obligation to pay interest arises under the provisions of this chapter and the rate of interest is not specified, then the rate is the rate of interest specified in 31-1-106.   History: En. Sec. 3, Ch. 302, L. 1999.
MT Code § 35-8-111 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 1. General Provisions|35-8-111. Uniformity of application and construction

  35-8-111. Uniformity of application and construction. Unless otherwise provided in this chapter, this chapter must be applied and construed to effectuate its general purpose to make the law with respect to the subject of this chapter among states enacting the Uniform Limited Liability Company Act.   History: En. Sec. 4, Ch. 302, L. 1999.