reglab/housing_qa huggingface dataset:
MT Code § 35-9-502 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 9. Montana Close Corporation Act|Part 5. Shareholder Protection|35-9-502. Ordinary relief

  35-9-502. Ordinary relief. (1) If the court finds that one or more of the grounds for relief described in 35-9-501(1) exist, it may order one or more of the following types of relief:   (a) the performance, prohibition, alteration, or setting aside of any action of the corporation or of its shareholders, directors, or officers or any other party to the proceeding;   (b) the cancellation or alteration of any provision in the corporation's articles of incorporation or bylaws;   (c) the removal from office of any director or officer;   (d) the appointment of any individual as a director or officer;   (e) an accounting with respect to any matter in dispute;   (f) the appointment of a custodian to manage the business and affairs of the corporation;   (g) the appointment of a provisional director who has all the rights, powers, and duties of a duly elected director to serve for the term and under the conditions prescribed by the court;   (h) the payment of dividends;   (i) the award of damages to any aggrieved party.   (2) If the court finds that a party to the proceeding acted arbitrarily, vexatiously, or otherwise not in good faith, it may award one or more other parties their reasonable expenses, including counsel fees and the expenses of appraisers or other experts, incurred in the proceeding.   History: En. Sec. 23, Ch. 432, L. 1987.
MT Code § 35-9-503 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 9. Montana Close Corporation Act|Part 5. Shareholder Protection|35-9-503. Extraordinary relief -- share purchase

  35-9-503. Extraordinary relief -- share purchase. (1) If the court finds that the ordinary relief described in 35-9-502(1) is or would be inadequate or inappropriate, it may order the corporation dissolved under 35-9-504 unless the corporation or one or more of its shareholders purchases all the shares of the shareholder for their fair value and on terms determined under subsection (2).   (2) If the court orders a share purchase, it shall:   (a) determine the fair value of the shares, considering among other relevant evidence:   (i) the going concern value of the corporation;   (ii) any agreement among some or all of the shareholders fixing the price or specifying a formula for determining share value for any purpose;   (iii) the recommendations of appraisers, if any, appointed by the court; and   (iv) any legal constraints on the corporation's ability to purchase the shares;   (b) specify the terms of the purchase, including if appropriate:   (i) terms for installment payments;   (ii) subordination of the purchase obligation to the rights of the corporation's other creditors;   (iii) security for a deferred purchase price; and   (iv) a covenant not to compete or other restriction on the seller;   (c) require the seller to deliver all the seller's shares to the purchaser upon receipt of the purchase price or the first installment of the purchase price;   (d) provide that after the seller delivers the shares, the seller has no further claim against the corporation or its directors, officers, or shareholders other than a claim to any unpaid balance of the purchase price and a claim under any agreement with the corporation or the remaining shareholders that is not terminated by the court; and   (e) provide that if the purchase is not completed in accordance with the specified terms, the corporation is to be dissolved under 35-9-504.   (3) After the purchase order is entered, any party may petition the court to modify the terms of the purchase and the court may do so if it finds that changes in the financial or legal ability of the corporation or other purchaser to complete the purchase justify a modification.   (4) If the corporation is dissolved because the share purchase was not completed in accordance with the court's order, the selling shareholder has the same rights and priorities in the corporation's assets as if the sale had not been ordered.   History: En. Sec. 24, Ch. 432, L. 1987; amd. Sec. 1301, Ch. 56, L. 2009.
MT Code § 35-9-504 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 9. Montana Close Corporation Act|Part 5. Shareholder Protection|35-9-504. Extraordinary relief -- dissolution

  35-9-504. Extraordinary relief -- dissolution. (1) The court may dissolve the corporation if it finds:   (a) one or more grounds for judicial dissolution under 35-14-1430; or   (b) all other relief ordered by the court under 35-9-502 or 35-9-503 has failed to resolve the matters in dispute.   (2) In determining whether to dissolve the corporation, the court shall consider among other relevant evidence the financial condition of the corporation but may not refuse to dissolve solely because the corporation has accumulated earnings or current operating profits.   History: En. Sec. 25, Ch. 432, L. 1987; amd. Sec. 205, Ch. 368, L. 1991; amd. Sec. 261, Ch. 271, L. 2019.
MT Code § 35-10-101 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 10. Partnerships in General|Part 1. Preliminary Provisions|35-10-101. Short title

  35-10-101. Short title. This chapter may be cited as the "Uniform Partnership Act".   History: En. Sec. 1, Ch. 251, L. 1947; R.C.M. 1947, 63-101.
MT Code § 35-10-102 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 10. Partnerships in General|Part 1. Preliminary Provisions|35-10-102. Definitions

  35-10-102. Definitions. In this chapter, the following definitions apply:   (1) "Business" includes every trade, occupation, or profession.   (2) "Debtor in bankruptcy" means a person who is the subject of:   (a) an order for relief under Title 11 of the United States Code or a comparable order under a successor statute of general application; or   (b) a comparable order under state law governing insolvency.   (3) "Distribution" means a transfer of money or other property from a partnership to a partner in the partner's capacity as a partner or to the partner's transferee.   (4) "Limited liability partnership" means a partnership registered under 35-10-701 and includes both domestic and foreign limited liability partnerships.   (5) (a) "Partnership" means an association of two or more persons to carry on as co-owners a business for profit formed under 35-10-202, a predecessor law, or a comparable law of another jurisdiction.   (b) The term includes but is not limited to a limited liability partnership for all purposes of the laws of this state and all licensing laws, whether for professionals or otherwise.   (6) "Partnership agreement" means an agreement, written or oral, among the partners concerning the partnership.   (7) "Partnership at will" means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking.   (8) "Person" means:   (a) an individual;   (b) a corporation;   (c) a business trust;   (d) an estate;   (e) a trust;   (f) a partnership;   (g) an association;   (h) a joint venture;   (i) a government;   (j) a governmental subdivision, agency, or instrumentality; or   (k) any other legal or commercial entity.   (9) "Property" means all property, real, personal, or mixed, tangible or intangible, or any interest therein.   (10) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States.   (11) "Statement" means a statement of partnership authority under 35-10-310, a statement of denial under 35-10-311, a statement of dissociation under 35-10-622, a statement of dissolution under 35-10-627, a statement of merger under 35-10-643, an application for registration of assumed business name or a renewal of registration, or an amendment, cancellation, or withdrawal of the foregoing.   (12) "Transfer" includes an assignment, conveyance, lease, mortgage, deed, and encumbrance.   History: En. Sec. 2, Ch. 251, L. 1947; R.C.M. 1947, 63-102; amd. Sec. 1, Ch. 238, L. 1993; amd. Sec. 7, Ch. 449, L. 1995; amd. Sec. 20, Ch. 26, L. 2011.
MT Code § 35-10-103 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 10. Partnerships in General|Part 1. Preliminary Provisions|35-10-103. Knowledge and notice

  35-10-103. Knowledge and notice. (1) A person knows a fact if the person has knowledge of it.   (2) A person has notice of a fact if the person:   (a) knows of it;   (b) has received a notification of it; or   (c) has reason to know it exists from all of the facts known to that person at the time in question.   (3) A person notifies or gives a notification to another by taking steps reasonably required to inform the other person in the ordinary course of business, whether or not the other person learns of it.   (4) A person receives notification when it:   (a) comes to the person's attention; or   (b) is duly delivered at the person's place of business or at any other place held out by the person as a place for receiving communications.   (5) Except as provided in subsection (6), a person other than an individual knows, has notice, or receives a notification of a fact for purposes of a particular transaction when the individual conducting the transaction knows, has notice, or receives a notification of the fact or in any event when the fact would have been brought to the individual's attention if the person had exercised reasonable diligence. The person exercises reasonable diligence if the person maintains reasonable routines for communicating significant information to the individual conducting the transaction and there is reasonable compliance with the routines. Reasonable diligence does not require an individual acting for the person to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.   (6) A partner's knowledge, notice, or receipt of a notification of a fact relating to the partnership is effective immediately as knowledge by, notice to, or receipt of a notification by the partnership but is not effective as such if the partner committed or consented to a fraud on the partnership.   History: En. Sec. 3, Ch. 251, L. 1947; R.C.M. 1947, 63-103; amd. Sec. 2, Ch. 238, L. 1993.
MT Code § 35-10-104 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 10. Partnerships in General|Part 1. Preliminary Provisions|35-10-104. Uniformity of application and construction

  35-10-104. Uniformity of application and construction. This chapter must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.   History: En. Sec. 4, Ch. 251, L. 1947; R.C.M. 1947, 63-104; amd. Sec. 3, Ch. 238, L. 1993.
MT Code § 35-10-105 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 10. Partnerships in General|Part 1. Preliminary Provisions|35-10-105. Supplemental principles of law

  35-10-105. Supplemental principles of law. (1) Unless displaced by a particular provision of this chapter, the principles of law and equity supplement this chapter.   (2) If an obligation to pay interest arises under this chapter and the rate is not specified, the rate is that specified in 31-1-106.   History: En. Sec. 5, Ch. 251, L. 1947; R.C.M. 1947, 63-105; amd. Sec. 5, Ch. 238, L. 1993.
MT Code § 35-10-106 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 10. Partnerships in General|Part 1. Preliminary Provisions|35-10-106. Effect of partnership agreement -- nonwaivable provisions

  35-10-106. Effect of partnership agreement -- nonwaivable provisions. (1) Except as provided in subsection (2), a partnership agreement governs relations among the partners and between the partners and the partnership. To the extent the partnership agreement does not otherwise provide, this chapter governs relations among the partners and between the partners and the partnership.   (2) A partnership agreement may not:   (a) vary the rights and duties under 35-10-111 except to eliminate the duty to provide copies of statements to all of the partners;   (b) unreasonably restrict a partner's right of access to books and records under 35-10-402(2);   (c) eliminate the duty of loyalty under 35-10-405(3);   (d) unreasonably reduce the duty of care under 35-10-405(4);   (e) eliminate the obligation of good faith and fair dealing under 35-10-405(5);   (f) vary the power to withdraw as a partner under 35-10-616(1), except to require the notice to be in writing;   (g) vary the right to expulsion of a partner by a court in the events specified in 35-10-616(5);   (h) vary the requirement to wind up the partnership business in cases specified in 35-10-624(4), (5), or (6); or   (i) restrict rights of third parties under this chapter.   History: En. Sec. 4, Ch. 238, L. 1993.
MT Code § 35-10-107 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 10. Partnerships in General|Part 1. Preliminary Provisions|35-10-107. through 35-10-110 reserved

  35-10-107 through 35-10-110 reserved.
MT Code § 35-10-111 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 10. Partnerships in General|Part 1. Preliminary Provisions|35-10-111. Execution, filing, and recording of statements

  35-10-111. Execution, filing, and recording of statements. (1) A statement may be filed in the office of the secretary of state. A certified copy of a statement that is filed in an office in another state may be filed in the office of the secretary of state. Either filing has the effect provided in this chapter with respect to partnership property located in or transactions that occur in this state.   (2) A certified copy of a statement that has been filed in the office of the secretary of state and recorded in the office for recording transfers of real property has the effect provided for recorded statements in this chapter. A recorded statement that is not a certified copy of a statement in the office of the secretary of state does not have the effect provided for recorded statements in this chapter.   (3) A statement filed by a partnership must be executed by at least two partners. Other statements must be executed by a partner or other person authorized by this chapter. The statement must be in the English language. An individual who executes a statement as or on behalf of a partner or other person named as a partner in a statement shall state beneath or opposite the person's signature the person's name and the capacity in which the person signs. The execution of any document required to be filed with the secretary of state under this chapter constitutes an affirmation under penalties of false swearing by each person executing the document that the facts stated are true.   (4) A person authorized by this chapter to file a statement may amend or cancel the statement by filing an amendment or cancellation that names the partnership, identifies the statement, and states the substance of the amendment or cancellation.   (5) A person who files a statement pursuant to this section shall promptly send a copy of the statement to every nonfiling partner and any other person named as a partner in the statement. Failure to send a copy of a statement to a partner or other person does not limit the effectiveness of the statement as to a person not a partner.   (6) The secretary of state shall establish by rule fees for filing statements, issuing certificates, copying statements, priority handling, transmitting or filing facsimile copies, and providing computer-generated information. The fees must be reasonably related to the costs of processing the statements and providing the services. The secretary of state shall maintain records sufficient to support the fees established under this section. The secretary of state may adopt rules necessary to perform any duty required of the secretary of state by this chapter.   History: En. Sec. 6, Ch. 238, L. 1993.
MT Code § 35-10-112 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 10. Partnerships in General|Part 1. Preliminary Provisions|35-10-112. Facsimile filing -- requirements -- liability

  35-10-112. Facsimile filing -- requirements -- liability. (1) The secretary of state shall treat a facsimile copy of a document that is required or permitted to be filed under this chapter and the signatures on the facsimile copy in the same manner as an original for purposes of this chapter. If all other requirements are met, the date of filing relates back to the date of receipt of the facsimile copy.   (2) A person who files a false document by facsimile copy is liable to an aggrieved party for three times the amount of damages resulting from the filing of the false document.   History: En. Sec. 7, Ch. 238, L. 1993; amd. Sec. 8, Ch. 290, L. 1997.
MT Code § 35-10-113 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 10. Partnerships in General|Part 1. Preliminary Provisions|35-10-113. Filing with secretary of state

  35-10-113. Filing with secretary of state. (1) A signed statement filed pursuant to this chapter must be delivered to the secretary of state. If the secretary of state determines that the statement conforms to the filing provisions of this chapter and all required filing fees have been paid, the secretary of state shall:   (a) endorse on the signed statement the word "filed" and the date and time of acceptance for filing;   (b) retain the signed statement in the secretary of state's files; and   (c) send a certification letter to the person who filed the statement or the person's representative.   (2) The secretary of state may by rule prescribe and furnish forms or computer formats for any statement to be filed with the secretary of state under this chapter. If the secretary of state requires it, the use of any forms or formats is mandatory.   (3) All partnerships filing statements pursuant to this chapter shall first register the business name as an assumed business name pursuant to Title 30, chapter 13, part 2.   History: En. Sec. 8, Ch. 238, L. 1993; amd. Sec. 12, Ch. 71, L. 2005.
MT Code § 35-10-114 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 10. Partnerships in General|Part 1. Preliminary Provisions|35-10-114. and 35-10-115 reserved

  35-10-114 and 35-10-115 reserved.
MT Code § 35-10-116 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 10. Partnerships in General|Part 1. Preliminary Provisions|35-10-116. Law governing internal affairs

  35-10-116. Law governing internal affairs. Except as provided in 35-10-710, the law of the state in which a partnership has its chief executive office governs the partnership's internal affairs.   History: En. Sec. 9, Ch. 238, L. 1993; amd. Sec. 8, Ch. 449, L. 1995.
MT Code § 35-10-117 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 10. Partnerships in General|Part 1. Preliminary Provisions|35-10-117. Partnership subject to amendment of repeal of chapter

  35-10-117. Partnership subject to amendment of repeal of chapter. A partnership governed by this chapter is subject to any amendment or repeal of this chapter.   History: En. Sec. 10, Ch. 238, L. 1993.
MT Code § 35-10-201 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 10. Partnerships in General|Part 2. Nature of Partnership|35-10-201. Partnership as entity

  35-10-201. Partnership as entity. A partnership is an entity.   History: En. Sec. 6, Ch. 251, L. 1947; R.C.M. 1947, 63-106; amd. Sec. 11, Ch. 238, L. 1993.
MT Code § 35-10-202 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 10. Partnerships in General|Part 2. Nature of Partnership|35-10-202. Creation of partnership

  35-10-202. Creation of partnership. (1) Except as provided in subsection (2), the association of two or more persons to carry on as co-owners a business for profit creates a partnership, whether or not the persons intend to create a partnership.   (2) An association created under a statute other than this chapter, a predecessor law, or a comparable law of another jurisdiction is not a partnership.   (3) In determining whether a partnership is created, the following rules apply:   (a) Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not by itself establish a partnership even if the co-owners share profits made by the use of the property.   (b) The sharing of gross returns does not by itself establish a partnership even if the persons sharing them have a joint or common right or interest in property from which the returns are derived.   (c) A person who receives a share of the profits of a business is presumed to be a partner in the business, unless the profits were received in payment:   (i) of a debt by installments or otherwise;   (ii) for services as an independent contractor or of wages or other compensation to an employee;   (iii) of rent;   (iv) of an annuity or other retirement or health benefit to a beneficiary, representative, or designee of a deceased or retired partner;   (v) of interest or of another charge on a loan, even if the amount of payment varies with the profits of the business, including a direct or indirect present or future ownership of the collateral or rights to income, proceeds, or increase in value derived from the collateral; or   (vi) for the sale of the goodwill of a business or other property by installments or otherwise.   (4) Except as provided by 35-10-308, persons who are not partners as to each other are not partners as to other persons.   (5) A partnership created under this chapter is a general partnership, and the partners are general partners of the partnership.   History: En. Sec. 7, Ch. 251, L. 1947; amd. Sec. 28, Ch. 535, L. 1975; R.C.M. 1947, 63-107; amd. Sec. 12, Ch. 238, L. 1993.
MT Code § 35-10-203 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 10. Partnerships in General|Part 2. Nature of Partnership|35-10-203. Partnership property

  35-10-203. Partnership property. (1) Property transferred to or otherwise acquired by a partnership is property of the partnership and not of the partners individually.   (2) Property is partnership property if acquired in the name of:   (a) the partnership; or   (b) one or more partners with an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership but without an indication of the name of the partnership.   (3) Property is acquired in the name of the partnership by a transfer to:   (a) the partnership in its name; or   (b) one or more partners in their capacity as partners in the partnership if the name of the partnership is indicated in the instrument transferring title to the property.   (4) Property is presumed to be partnership property if purchased with partnership assets even if not acquired in the name of the partnership or of one or more partners with an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership.   (5) Property acquired in the name of one or more of the partners without an indication in the instrument transferring title to the property of the person's capacity as a partner or of the existence of a partnership and without use of partnership assets is presumed to be separate property even if used for partnership purposes.   History: En. Sec. 8, Ch. 251, L. 1947; R.C.M. 1947, 63-108; amd. Sec. 13, Ch. 238, L. 1993; (2) thru (5)En. Sec. 14, Ch. 238, L. 1993.