reglab/housing_qa huggingface dataset:
MT Code § 35-8-1003 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 10. Foreign Limited Liability Companies|35-8-1003. Application for certificate of authority

  35-8-1003. Application for certificate of authority. A foreign limited liability company may apply for a certificate of authority to transact business in this state by delivering an application to the secretary of state for filing. The application must set forth:   (1) the name of the foreign limited liability company or, if its name is unavailable for use in this state, a name that satisfies the requirements of 35-8-1009;   (2) the name of the jurisdiction under whose law it is organized;   (3) its date of organization and period of duration;   (4) the business mailing address of its principal office, wherever located;   (5) the information required by 35-7-105(1);   (6) the names and business mailing addresses of its current managers, if different from its members;   (7) 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   (8) if the foreign limited liability company has one or more series of members, the name of each series of members. A copy of the operating agreement of each series of members must be included with the application.   History: En. Sec. 57, Ch. 120, L. 1993; amd. Sec. 60, Ch. 240, L. 2007; amd. Sec. 19, Ch. 26, L. 2011; amd. Sec. 8, Ch. 42, L. 2015; amd. Sec. 5, Ch. 166, L. 2015.
MT Code § 35-8-1004 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 10. Foreign Limited Liability Companies|35-8-1004. Repealed

  35-8-1004. Repealed. Secs. 68, 70, Ch. 240, L. 2007.   History: En. Sec. 58, Ch. 120, L. 1993.
MT Code § 35-8-1005 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 10. Foreign Limited Liability Companies|35-8-1005. Repealed

  35-8-1005. Repealed. Secs. 68, 70, Ch. 240, L. 2007.   History: En. Sec. 59, Ch. 120, L. 1993.
MT Code § 35-8-1006 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 10. Foreign Limited Liability Companies|35-8-1006. Repealed

  35-8-1006. Repealed. Secs. 68, 70, Ch. 240, L. 2007.   History: En. Sec. 60, Ch. 120, L. 1993.
MT Code § 35-8-1007 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 10. Foreign Limited Liability Companies|35-8-1007. Amended certificate of authority

  35-8-1007. Amended certificate of authority. (1) A foreign limited liability company authorized to transact business in this state shall obtain an amended certificate of authority from the secretary of state if it changes:   (a) its name;   (b) the period of its duration; or   (c) the state, tribe, or country of its organization.   (2) The requirements of 35-8-1003 for obtaining an original certificate of authority apply to obtaining an amended certificate under this section.   History: En. Sec. 61, Ch. 120, L. 1993; amd. Sec. 20, Ch. 280, L. 2015.
MT Code § 35-8-1008 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 10. Foreign Limited Liability Companies|35-8-1008. Effect of certificate of authority

  35-8-1008. Effect of certificate of authority. (1) A certificate of authority issued by the secretary of state authorizes a foreign limited liability company to transact business in this state subject to the right of the state to revoke the certificate as provided in this part.   (2) A foreign limited liability company with a valid certificate of authority has the same rights and privileges as a domestic company of similar character and, except as otherwise provided by this part, is subject to the same duties, restrictions, penalties, and liabilities imposed on a domestic limited liability company of similar character.   (3) This part does not authorize the state to regulate the organization or internal affairs of a foreign limited liability company authorized to transact business in the state.   History: En. Sec. 62, Ch. 120, L. 1993.
MT Code § 35-8-1009 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 10. Foreign Limited Liability Companies|35-8-1009. Name

  35-8-1009. Name. A certificate of authority may not be issued to a foreign limited liability company unless the name of the company satisfies the requirements of 35-8-103. If the name of a foreign limited liability company does not satisfy the requirements of 35-8-103, to obtain or maintain a certificate of authority:   (1) the foreign limited liability company may add the words "limited company", the abbreviation "l.l.c.", or the abbreviation "l.c." to its name for use in this state; or   (2) if its real name is unavailable, the foreign limited liability company may use an assumed business name that is available and that satisfies the requirements of 35-8-208 if it files the assumed business name with the secretary of state.   History: En. Sec. 63, Ch. 120, L. 1993.
MT Code § 35-8-1010 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 10. Foreign Limited Liability Companies|35-8-1010. Withdrawal of foreign limited liability company

  35-8-1010. Withdrawal of foreign limited liability company. (1) A foreign limited liability company authorized to transact business in this state may not withdraw from this state until it obtains a certificate of withdrawal from the secretary of state.   (2) A foreign limited liability company authorized to transact business in this state may apply for a certificate of withdrawal by delivering an application to the secretary of state for filing. The application must set forth:   (a) the name of the foreign limited liability company and the name of the state, tribe, or country under whose law it is organized;   (b) that it is not transacting business in this state and that it surrenders its authority to transact business in this state;   (c) that it revokes the authority of its registered agent to accept service on its behalf and appoints the secretary of state as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to transact business in this state;   (d) a mailing address to which the secretary of state may mail a copy of any process served on the secretary of state under subsection (3);   (e) a commitment to notify the secretary of state in the future of any change in its mailing address;   (f) that all taxes imposed on the foreign limited liability company by Title 15 have been paid, supported by a certificate by the department of revenue to be attached to the application to the effect that the department is satisfied from the available evidence that all taxes imposed have been paid. The issuance of the certificate does not relieve the corporation from liability for any taxes, penalties, or interest due the state of Montana.   (g) additional information as may be necessary or appropriate to enable the secretary of state to determine and assess any unpaid fees or taxes payable by the foreign limited liability company.   (3) After the withdrawal of the foreign limited liability company is effective, service of process on the secretary of state under this section is service on the foreign limited liability company. Upon receipt of process, the secretary of state shall mail a copy of the process to the foreign limited liability company at the mailing address set forth under subsection (2).   History: En. Sec. 64, Ch. 120, L. 1993; amd. Sec. 21, Ch. 280, L. 2015.
MT Code § 35-8-1011 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 10. Foreign Limited Liability Companies|35-8-1011. Grounds for revocation

  35-8-1011. Grounds for revocation. The secretary of state may commence a proceeding under 35-8-1012 to revoke the certificate of authority of a foreign limited liability company authorized to transact business in this state if:   (1) the foreign limited liability company does not deliver its annual report to the secretary of state within 140 days after it is due;   (2) the foreign limited liability company is without a registered agent or registered office in this state for 60 days or more;   (3) the foreign limited liability company does not inform the secretary of state that its registered agent has changed or resigned within 60 days of the change or resignation; or   (4) the secretary of state receives a duly authenticated certificate from the secretary of state or other official having custody of company records in the state, tribe, or country under whose law the foreign limited liability company is organized, stating that it has been dissolved or disappeared as the result of a merger.   History: En. Sec. 65, Ch. 120, L. 1993; amd. Sec. 61, Ch. 240, L. 2007; amd. Sec. 22, Ch. 280, L. 2015.
MT Code § 35-8-1012 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 10. Foreign Limited Liability Companies|35-8-1012. Procedure for and effect of revocation

  35-8-1012. Procedure for and effect of revocation. (1) If the secretary of state determines that one or more grounds exist under 35-8-1011 for revocation of a certificate of authority, the secretary of state shall deliver a notice to the foreign limited liability company of the secretary of state's determination.   (2) If the foreign limited liability company does not correct each ground for revocation or demonstrate to the reasonable satisfaction of the secretary of state that each ground determined by the secretary of state does not exist within 60 days after delivery of the notice, the secretary of state may revoke the foreign limited liability company's certificate of authority by signing a certificate of revocation that states the ground or grounds for revocation and the effective date of the revocation. The secretary of state shall file the original of the certificate and deliver a copy to the foreign limited liability company.   (3) The authority of a foreign limited liability company to transact business in this state ceases on the date shown on the certificate revoking its certificate of authority.   (4) The secretary of state's revocation of a foreign limited liability company's certificate of authority appoints the secretary of state as the foreign limited liability company's agent for service of process in any proceeding based on a cause of action that arose during the time the foreign limited liability company was authorized to transact business in this state. Service of process on the secretary of state under this subsection is service on the foreign limited liability company. Upon receipt of process, the secretary of state shall deliver a copy of the process to the secretary of the foreign limited liability company at its principal office shown in its most recent annual report or in any subsequent communication received from the foreign limited liability company, stating the current mailing address of its principal office or, if no report or communication is on file, in its application for a certificate of authority.   (5) Revocation of a foreign limited liability company's certificate of authority does not terminate the authority of the registered agent of the foreign limited liability company.   History: En. Sec. 66, Ch. 120, L. 1993; amd. Sec. 12, Ch. 23, L. 2017.
MT Code § 35-8-1013 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 10. Foreign Limited Liability Companies|35-8-1013. Appeal from revocation

  35-8-1013. Appeal from revocation. (1) A foreign limited liability company may appeal the secretary of state's revocation of its certificate of authority to the district court within 30 days after service of the certificate of revocation is mailed. The foreign limited liability company may appeal by petitioning the court to set aside the revocation and by attaching to the petition copies of its certificate of authority and the secretary of state's certificate of revocation.   (2) The court may summarily order the secretary of state to reinstate the certificate of authority or may take any other action the court considers appropriate.   (3) The court's final decision may be appealed as in other civil proceedings.   History: En. Sec. 67, Ch. 120, L. 1993.
MT Code § 35-8-1014 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 10. Foreign Limited Liability Companies|35-8-1014. Admission of foreign professional limited liability companies -- application -- revocation

  35-8-1014. Admission of foreign professional limited liability companies -- application -- revocation. (1) A foreign professional limited liability company is entitled to a certificate of authority to transact business in this state only if:   (a) the name of the foreign professional limited liability company meets the requirements of 35-8-1302;   (b) the foreign professional limited liability company is organized only for purposes for which a professional limited liability company may be organized under part 13 of this chapter; and   (c) all the members and not less than one-half of the managers of the foreign professional limited liability company are qualified persons with respect to the foreign professional limited liability company.   (2) Notwithstanding 35-8-1001, a foreign professional limited liability company may not be required to obtain a certificate of authority to transact business in this state unless it maintains an office in this state for the conduct of business or professional practice.   (3) The application for a certificate of authority must include a statement that all the members and not less than one-half of the managers are licensed in at least one state or territory or the District of Columbia to render a professional service described in the statement of purposes of the foreign professional limited liability company.   (4) The certificate of authority may be revoked by the secretary of state if the foreign professional limited liability company fails to comply with any provision of part 13 of this chapter. The licensing authority shall certify to the secretary of state, from time to time, the names of all foreign professional limited liability companies that have given cause for revocation, together with the pertinent facts, and shall concurrently mail to each foreign professional limited liability company through its registered agent a notice that the certification has been made. A certificate of authority of a foreign professional limited liability company may not be revoked unless there have been both 60 days' notice of intent to revoke and a failure to correct the noncompliance during the 60 days.   (5) A foreign professional limited liability company is subject to all other provisions of part 13 of this chapter not inconsistent with this section.   History: En. Sec. 68, Ch. 120, L. 1993; amd. Sec. 62, Ch. 240, L. 2007.
MT Code § 35-8-1101 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 11. Suits by and Against the Limited Liability Company|35-8-1101. Suits by and against limited liability company

  35-8-1101. Suits by and against limited liability company. Suit may be brought by or against a limited liability company in its own name.   History: En. Sec. 69, Ch. 120, L. 1993.
MT Code § 35-8-1102 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 11. Suits by and Against the Limited Liability Company|35-8-1102. Repealed

  35-8-1102. Repealed. Sec. 56, Ch. 302, L. 1999.   History: En. Sec. 70, Ch. 120, L. 1993.
MT Code § 35-8-1103 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 11. Suits by and Against the Limited Liability Company|35-8-1103. Repealed

  35-8-1103. Repealed. Secs. 68, 70, Ch. 240, L. 2007.   History: En. Sec. 47, Ch. 302, L. 1999.
MT Code § 35-8-1104 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 11. Suits by and Against the Limited Liability Company|35-8-1104. Derivative actions -- proper plaintiff -- pleading -- expenses

  35-8-1104. Derivative actions -- proper plaintiff -- pleading -- expenses. (1) A member of a limited liability company may maintain an action in the right of the company if the members or managers having authority to bring the action have refused to commence the action or an effort to cause those members or managers to commence the action is not likely to succeed.   (2) In a derivative action for a limited liability company, the plaintiff must be a member of the company when the action is commenced and:   (a) must have been a member at the time of the transaction of which the plaintiff complains; or   (b) the plaintiff's status as a member must have devolved upon the plaintiff by operation of law or pursuant to the terms of the operating agreement from a person who was a member at the time of the transaction.   (3) In a derivative action for a limited liability company, the complaint must set forth with particularity the effort of the plaintiff to secure initiation of the action by a member or manager or the reasons for not making the effort.   (4) If a derivative action for a limited liability company is successful, in whole or in part, or if anything is received by the plaintiff as a result of a judgment, compromise, or settlement of an action or claim, the court may award the plaintiff reasonable expenses, including reasonable attorney fees, and shall direct the plaintiff to remit to the limited liability company the remainder of the proceeds received.   History: En. Sec. 48, Ch. 302, L. 1999.
MT Code § 35-8-1201 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 12. Merger|35-8-1201. Merger

  35-8-1201. Merger. (1) Pursuant to a plan of merger approved under subsection (3), a domestic limited liability company may merge with or into one or more limited liability companies, foreign limited liability companies, partnerships, foreign partnerships, limited partnerships, foreign limited partnerships, or other domestic or foreign entities. In the case of a merger with a foreign business entity, the merger must be permitted by the laws of the jurisdiction in which the foreign entity is incorporated or organized.   (2) A plan of merger must set forth:   (a) the name of each entity that is a party to the merger;   (b) the name of the surviving entity into which the other entities will merge;   (c) the type of organization of the surviving entity;   (d) the terms and conditions of the merger;   (e) the manner and basis for converting the interests of each party to the merger into interests or obligations of the surviving entity or into money or other property, in whole or in part; and   (f) the street address of the surviving entity's principal place of business.   (3) A plan of merger must be approved:   (a) in the case of a limited liability company that is a party to the merger, by all of the members or by a number or percentage of members specified in the operating agreement;   (b) in the case of a foreign limited liability company that is a party to the merger, by the vote required for approval of a merger by the law of the state or foreign jurisdiction in which the foreign limited liability company is organized;   (c) in the case of a domestic partnership or domestic limited partnership that is a party to the merger, by the vote required for approval of a conversion under 35-8-1210(2); and   (d) in the case of any other entities that are parties to the merger, by the vote required for approval of a merger by the law of this state or of the state or foreign jurisdiction in which the entity is organized and, in the absence of any requirement, by all the owners of interests in the entity.   (4) After a plan of merger is approved and before the merger takes effect, the plan may be amended or abandoned as provided in the plan.   (5) The merger is effective upon the filing of the articles of merger with the secretary of state or at a later date as the articles may provide.   History: En. Sec. 71, Ch. 120, L. 1993; amd. Sec. 49, Ch. 302, L. 1999.
MT Code § 35-8-1202 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 8. Montana Limited Liability Company Act|Part 12. Merger|35-8-1202. Articles of merger

  35-8-1202. Articles of merger. (1) After approval of the plan of merger under 35-8-1201(3), unless the merger is abandoned under 35-8-1201(4), articles of merger must be signed on behalf of each limited liability company and other entity that is a party to the merger and delivered to the secretary of state for filing. The articles must set forth:   (a) the name and jurisdiction of formation or organization of each of the limited liability companies and other entities that are parties to the merger;   (b) for each limited liability company that is to merge, the date on which its articles of organization were filed with the secretary of state;   (c) that a plan of merger has been approved and signed by each limited liability company and other entity that is to merge;   (d) the name and address of the surviving limited liability company or other surviving entity;   (e) the effective date of the merger;   (f) if a limited liability company is the surviving entity, the changes in its articles of organization that are necessary by reason of the merger;   (g) if a party to a merger is a foreign limited liability company, the jurisdiction and date of filing of its initial articles of organization and the date when its application for authority was filed by the secretary of state or, if an application has not been filed, a statement to that effect; and   (h) if the surviving entity is not a limited liability company, the agreement that the surviving entity may be served with process in this state and is subject to liability in any action or proceeding for the enforcement of any liability or obligation of any limited liability company previously subject to suit in this state that is to merge and for the enforcement, as provided in this chapter, of the right of members of any limited liability company to receive payment for their interest against the surviving entity; and   (i) the name and address of the registered agent of the surviving entity.   (2) If a foreign limited liability company is the surviving entity of a merger, it may not do business in this state until an application for that authority is filed with the secretary of state.   (3) The surviving limited liability company or other entity shall furnish a copy of the plan of merger, on request and without cost, to any member of any limited liability company or any person holding an interest in any other entity that is subject to the merger.   (4) Articles of merger operate as an amendment to a surviving limited liability company's articles of organization.   History: En. Sec. 50, Ch. 302, L. 1999.