reglab/housing_qa huggingface dataset:
MT Code § 35-8-201 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 2. Formation|35-8-201. Formation

  35-8-201. Formation. (1) One or more persons may form a limited liability company consisting of one or more members by signing and filing articles of organization with the secretary of state. The person or persons need not be members of the limited liability company at the time of formation or after formation has occurred. A limited liability company is a legal entity distinct from its members.   (2) Unless a delayed effective date is specified, the existence of a limited liability company begins when the articles of organization are filed.   (3) The filing of the articles of organization by the secretary of state pursuant to 35-8-205 is conclusive proof that the organizers have satisfied all conditions precedent to the creation of a limited liability company.   History: En. Sec. 8, Ch. 120, L. 1993; amd. Sec. 5, Ch. 302, L. 1999.
MT Code § 35-8-203 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 2. Formation|35-8-203. Amendment of articles of organization -- restatement

  35-8-203. Amendment of articles of organization -- restatement. (1) The articles of organization of a limited liability company are amended by filing articles of amendment with the secretary of state. The articles of amendment must set forth:   (a) the name of the limited liability company;   (b) the date the articles of organization were filed; and   (c) the amendment to the articles of organization.   (2) The articles of organization may be amended as desired, so long as the amended articles of organization contain only provisions that may be lawfully contained in articles of organization at the time of making the amendment.   (3) Articles of organization may be restated at any time. Restated articles of organization must be filed with the secretary of state, must be specifically designated as such in the heading, and must state either in the heading or in an introductory paragraph the limited liability company's present name and, if it has been changed, all of its former names and the date of the filing of its articles of organization. Restated articles of organization supersede the original articles of organization and any previous amendments to the original articles of organization.   (4) An amendment to the articles of organization of a limited liability company must be in the form and manner designated by the secretary of state.   History: En. Sec. 10, Ch. 120, L. 1993; amd. Sec. 21, Ch. 229, L. 1999.
MT Code § 35-8-204 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 2. Formation|35-8-204. Execution of documents

  35-8-204. Execution of documents. (1) Unless otherwise specified in this chapter, a document required by this chapter to be filed with or delivered to the secretary of state must be executed:   (a) by any manager if management of the limited liability company is vested in one or more managers or by a member if management of the limited liability company is reserved to the members;   (b) if the limited liability company has not been formed, by the person or persons forming the limited liability company; or   (c) if the limited liability company is in the hands of a receiver, trustee, or other court-appointed fiduciary, by that fiduciary.   (2) The person executing the document shall sign it and state, beneath or opposite the signature, the person's name and the capacity in which the person signs.   (3) The person executing the document may do so as an attorney-in-fact. Powers of attorney relating to the execution of the document do not need to be shown to or filed with the secretary of state.   History: En. Sec. 11, Ch. 120, L. 1993.
MT Code § 35-8-205 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 2. Formation|35-8-205. Filing with secretary of state

  35-8-205. Filing with secretary of state. (1) The articles of organization or any other document required to be filed pursuant to this chapter must be delivered to the secretary of state. If the secretary of state determines that the documents conform to the filing provisions of this chapter and that all required filing fees have been paid, the secretary of state shall:   (a) endorse on the signed document the word "filed" and the date and time of accepting the document for filing;   (b) retain the signed document in the secretary of state's files; and   (c) send a certification letter to the person who filed the document or to the person's representative.   (2) If the secretary of state is unable to make the determination required for filing by subsection (1) at the time any documents are delivered for filing, the documents are considered to have been filed at the time of delivery if the secretary of state subsequently determines that the documents as delivered conform to the filing provisions of 35-8-201 through 35-8-211.   (3) All documents filed with the secretary of state must reflect the name of the limited liability company and all series of members within the limited liability company if the limited liability company has one or more series of members.   History: En. Sec. 12, Ch. 120, L. 1993; amd. Sec. 9, Ch. 71, L. 2005; amd. Sec. 5, Ch. 183, L. 2013.
MT Code § 35-8-206 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 2. Formation|35-8-206. Effect of filing articles of organization

  35-8-206. Effect of filing articles of organization. (1) A limited liability company is formed when the articles of organization are filed with the secretary of state for filing.   (2) The articles of organization that are stamped "filed" and marked with the filing date are conclusive evidence that all conditions precedent required to be performed by the organizers have been complied with and that the limited liability company has been legally organized and formed under this chapter.   History: En. Sec. 13, Ch. 120, L. 1993; amd. Sec. 10, Ch. 71, L. 2005.
MT Code § 35-8-207 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 2. Formation|35-8-207. Filing of facsimile copy

  35-8-207. Filing of facsimile copy. (1) The secretary of state may treat a facsimile copy of a document that is required 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 the party aggrieved for three times the amount of damages resulting from the filing of the false document.   History: En. Sec. 14, Ch. 120, L. 1993; amd. Sec. 7, Ch. 290, L. 1997.
MT Code § 35-8-209 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 2. Formation|35-8-209. Administrative dissolution -- rules

  35-8-209. Administrative dissolution -- rules. (1) A domestic limited liability company may be dissolved involuntarily by order of the secretary of state if the limited liability company:   (a) (i) has failed for 60 days after a change of its registered agent to file in the office of the secretary of state a statement of the change; or   (ii) has failed for 60 days to appoint and maintain a registered agent in this state;   (b) has failed for 140 days to file its annual report within the time required by law;   (c) has failed to remit any fees required by law;   (d) procured its certificate of existence through fraud; or   (e) has exceeded or abused the authority conferred upon it by law and the excesses or abuses have continued after a written notice of the alleged excesses or abuses has been received from the secretary of state by the registered agent of the limited liability company.   (2) If dissolution is sought under subsection (1)(d) or (1)(e), the secretary of state may dissolve a limited liability company when an alleged violation of subsection (1)(d) or (1)(e) is established by an order of a district court. In addition to any other person authorized by law, the secretary of state or the attorney general may maintain an action in district court to implement the provisions of this section.   History: En. Sec. 16, Ch. 120, L. 1993; amd. Sec. 13, Ch. 302, L. 1999; amd. Sec. 59, Ch. 240, L. 2007.
MT Code § 35-8-210 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 2. Formation|35-8-210. Repealed

  35-8-210. Repealed. Sec. 36, Ch. 26, L. 2011.   History: En. Sec. 17, Ch. 120, L. 1993; amd. Sec. 15, Ch. 75, L. 2003.
MT Code § 35-8-211 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 2. Formation|35-8-211. Fees for filing, copying, and services

  35-8-211. Fees for filing, copying, and services. (1) The secretary of state shall establish fees for the following:   (a) filing documents as required by this chapter; and   (b) copying documents, priority handling, transmitting or filing facsimile copies, and providing computer-generated information.   (2) The fees authorized in the section must be set and deposited in accordance with 2-15-405.   History: En. Sec. 18, Ch. 120, L. 1993; amd. Sec. 22, Ch. 396, L. 2001.
MT Code § 35-8-212 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 2. Formation|35-8-212. Filing fees

  35-8-212. Filing fees. (1) In addition to the filing fee authorized by 35-8-211, the secretary of state shall charge and collect from each foreign limited liability company:   (a) an additional filing fee at the time of filing its articles of organization; and   (b) an additional filing fee at the time of filing an application for a certificate of authority to transact business.   (2) The fees authorized in this section must be set and deposited in accordance with 2-15-405.   History: En. Sec. 19, Ch. 120, L. 1993; amd. Sec. 23, Ch. 396, L. 2001; amd. Sec. 11, Ch. 71, L. 2005.
MT Code § 35-8-213 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 2. Formation|35-8-213. and 35-8-214 reserved

  35-8-213 and 35-8-214 reserved.
MT Code § 35-8-215 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 2. Formation|35-8-215. Correcting filed record

  35-8-215. Correcting filed record. (1) A limited liability company or foreign limited liability company may correct a record filed by the secretary of state if the record contains a false or erroneous statement or was defectively signed.   (2) A record must be corrected by:   (a) preparing articles of correction that:   (i) describe the record, including its filing date, or have attached a copy of the record to the articles of correction;   (ii) specify the incorrect statement and the reason that it is incorrect or the manner in which the signing was defective; and   (iii) correct the incorrect statement or defective signing; and   (b) delivering the corrected record to the secretary of state for filing.   (3) Articles of correction are effective retroactively on the effective date of the record that they correct except as to persons relying on the uncorrected record and adversely affected by the correction. As to those persons, the articles of correction are effective when filed.   History: En. Sec. 8, Ch. 302, L. 1999.
MT Code § 35-8-216 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 2. Formation|35-8-216. Certificate of existence or authority

  35-8-216. Certificate of existence or authority. (1) A person may request the secretary of state to furnish a certificate of existence for a limited liability company or a certificate of authority for a foreign limited liability company.   (2) A certificate of existence for a limited liability company must set forth:   (a) the company's name;   (b) that it is organized under the laws of this state, the date of organization, whether its duration is at-will or for a specified term, and, if for a specified term, the period specified;   (c) if payment is reflected in the records of the secretary of state and if nonpayment affects the existence of the company, that all fees, taxes, and penalties owed to this state have been paid;   (d) whether its most recent annual report required by 35-8-208 has been filed with the secretary of state;   (e) that articles of termination have not been filed; and   (f) other facts of record in the office of the secretary of state if requested by the applicant.   (3) A certificate of authority for a foreign limited liability company must set forth:   (a) the company's name used in this state;   (b) that it is authorized to transact business in this state;   (c) whether its most recent annual report required by 35-8-208 has been filed with the secretary of state;   (d) that a certificate of cancellation has not been filed; and   (e) other facts of record in the office of the secretary of state if requested by the applicant.   (4) Subject to any qualification stated in the certificate, a certificate of existence or authority issued by the secretary of state may be relied upon as conclusive evidence as of the date of the certificate that the domestic or foreign limited liability company is in existence or is authorized to transact business in this state.   History: En. Sec. 9, Ch. 302, L. 1999; amd. Sec. 39, Ch. 7, L. 2001.
MT Code § 35-8-217 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 2. Formation|35-8-217. Liability for false statement in filed record

  35-8-217. Liability for false statement in filed record. Subject to 35-8-304 and 35-8-306, if a record authorized or required to be filed under this chapter contains a false statement, a person who suffers loss by reliance on the statement may recover damages for the loss from the person who signed the record or caused another to sign it on that person's behalf and who knew the statement to be false at the time that the record was signed.   History: En. Sec. 10, Ch. 302, L. 1999.
MT Code § 35-8-218 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 2. Formation|35-8-218. Filing by judicial act

  35-8-218. Filing by judicial act. If a person required by 35-8-204 to execute any record or document fails or refuses to do so, a person who is adversely affected by the failure or refusal may petition a district court to direct the signing of the record or document. If the court finds that it is proper for the record or document to be signed and that a designated person has failed or refused to sign the record, it shall order the secretary of state to sign and file an appropriate record or document.   History: En. Sec. 11, Ch. 302, L. 1999.
MT Code § 35-8-219 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 2. Formation|35-8-219. Knowledge and notice

  35-8-219. Knowledge and notice. (1) A person knows a fact if the person has actual knowledge of the fact.   (2) A person has notice of a fact if the person:   (a) knows the fact;   (b) has received a notification of the fact; or   (c) has reason to know that the fact exists from other facts known to the person at the time in question.   (3) A person notifies or gives a notification of a fact to another by taking steps reasonably required to inform the other person, whether or not the other person knows the fact.   (4) A person receives a notification when the notification:   (a) comes to the person's attention; or   (b) is 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) (a) An entity knows, has notice, or receives a notification of a fact for purposes of a particular transaction:   (i) when an individual conducting the transaction for the entity knows, has notice, or receives a notification of the fact; or   (ii) when the fact would have been brought to the individual's attention had the entity exercised reasonable diligence.   (b) (i) An entity exercises reasonable diligence if it maintains reasonable routines for communicating significant information to the individual conducting the transaction for the entity and there is reasonable compliance with the routines.   (ii) Reasonable diligence does not require an individual acting for the entity 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 to know that the transaction would be materially affected by the information.   History: En. Sec. 12, Ch. 302, L. 1999.
MT Code § 35-8-301 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 3. Relations of Members and Managers to Persons Dealing With Limited Liability Company|35-8-301. Agency power of members and managers

  35-8-301. Agency power of members and managers. (1) Except as provided in subsection (2), a member is an agent of the limited liability company for the purpose of its business or affairs and the act of a member, including but not limited to the execution of any instrument in the name of the limited liability company for apparently carrying on in the usual way the business or affairs of the limited liability company binds the limited liability company, unless the member so acting has, in fact, no authority to act for the limited liability company in the particular matter and the person with whom the member is dealing has knowledge of the fact that the member has no such authority.   (2) If the articles of organization provide that management of the limited liability company is vested in a manager or managers:   (a) a member, acting solely in the capacity as a member, may not be an agent of the limited liability company; and   (b) a manager is an agent of the limited liability company for the purpose of its business or affairs, and the act of a manager, including but not limited to the execution of any instrument in the name of the limited liability company for apparently carrying on in the usual way the business or affairs of the limited liability company, binds the limited liability company, unless the manager so acting has, in fact, no authority to act for the limited liability company in the particular matter and the person with whom the manager is dealing has knowledge of the fact that the manager has no such authority.   (3) An act of a manager or a member that is not apparently for carrying on in the usual way the business of the limited liability company does not bind the limited liability company, unless authorized in accordance with the articles of organization or the operating agreement, at the time of the transaction or at any other time.   (4) An act of a manager or member in contravention of a restriction on authority may not bind the limited liability company to persons having knowledge of the restriction.   (5) Unless the articles of organization state otherwise, a member with a majority interest in the limited liability company may represent the limited liability company in justice's court as provided in 25-31-601 and small claims court pursuant to 25-35-505.   History: En. Sec. 20, Ch. 120, L. 1993; amd. Sec. 3, Ch. 189, L. 2017.
MT Code § 35-8-302 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 3. Relations of Members and Managers to Persons Dealing With Limited Liability Company|35-8-302. Admissions of members and managers

  35-8-302. Admissions of members and managers. (1) Except as provided in subsection (2), an admission or representation made by a member concerning the business or affairs of a limited liability company within the scope of the member's authority as provided for by this chapter is evidence against the limited liability company.   (2) If the articles of organization provide that management of the limited liability company is vested in a manager or managers:   (a) an admission or representation made by a manager concerning the business or affairs of a limited liability company within the scope of the manager's authority, as provided for by this chapter, is evidence against the limited liability company; and   (b) the admission or representation of a member, acting solely in the capacity as a member, may not constitute evidence.   History: En. Sec. 21, Ch. 120, L. 1993.
MT Code § 35-8-303 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 3. Relations of Members and Managers to Persons Dealing With Limited Liability Company|35-8-303. Repealed

  35-8-303. Repealed. Sec. 56, Ch. 302, L. 1999.   History: En. Sec. 22, Ch. 120, L. 1993.