reglab/housing_qa huggingface dataset:
MT Code § 35-2-1304 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 2. Nonprofit Corporations|Part 13. Derivative Actions|35-2-1304. Dismissal

  35-2-1304. Dismissal. (1) The court shall dismiss a derivative proceeding on motion by the corporation if one of the groups specified in subsection (2) or (6) has determined in good faith, after conducting a reasonable inquiry upon which its conclusions are based, that the maintenance of the derivative proceeding is not in the best interests of the corporation.   (2) Unless a panel is appointed pursuant to subsection (6), the determination in subsection (1) must be made by:   (a) a majority vote of independent directors present at a meeting of the board of directors if independent directors constitute a quorum; or   (b) a majority vote of a committee consisting of two or more independent directors appointed by majority vote of independent directors present at a meeting of the board of directors, whether or not the independent directors constitute a quorum.   (3) None of the following may by itself cause a director to be considered not independent for purposes of this section:   (a) the nomination or election of the director by persons who are defendants in the derivative proceeding or against whom action is demanded;   (b) the naming of the director as a defendant in the derivative proceeding or as a defendant against whom action is demanded; or   (c) the approval by the director of the act being challenged in the derivative proceeding or demand if the act did not result in personal benefit to the director.   (4) If a derivative proceeding is commenced after a determination has been made rejecting a demand by a complainant, the complaint must allege with particularity facts establishing either that a majority of the board of directors did not consist of independent directors at the time the determination was made or that the requirements of subsection (1) have not been met.   (5) If a majority of the board of directors does not consist of independent directors at the time the determination is made, the corporation has the burden of proving that the requirements of subsection (1) have been met. If a majority of the board of directors consists of independent directors at the time the determination is made, the complainant has the burden of proving that the requirements of subsection (1) have not been met.   (6) Upon motion by the corporation, the court may appoint a panel of one or more independent persons to make a determination of whether the maintenance of the derivative proceeding is in the best interests of the corporation. In this case, the plaintiff has the burden of proving that the requirements of subsection (1) have not been met.   History: En. Sec. 53, Ch. 411, L. 1991.
MT Code § 35-2-1305 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 2. Nonprofit Corporations|Part 13. Derivative Actions|35-2-1305. Discontinuance or settlement -- notice

  35-2-1305. Discontinuance or settlement -- notice. A derivative proceeding may not be discontinued or settled without the court's approval. If the court determines that a proposed discontinuance or settlement will substantially affect the interests of the corporation's members or a class of members, the court shall direct that notice be given to the members affected.   History: En. Sec. 54, Ch. 411, L. 1991.
MT Code § 35-2-1306 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 2. Nonprofit Corporations|Part 13. Derivative Actions|35-2-1306. Payment of expenses

  35-2-1306. Payment of expenses. On termination of the derivative proceeding, the court may order:   (1) the corporation to pay the complainant's reasonable expenses, including attorney fees, incurred in the proceeding if it finds that the proceeding has resulted in a substantial benefit to the corporation; or   (2) the complainant to pay any defendant's reasonable expenses, including attorney fees, incurred in defending the proceeding if it finds that the proceeding was commenced or maintained without reasonable cause or for an improper purpose.   History: En. Sec. 55, Ch. 411, L. 1991.
MT Code § 35-2-1307 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 2. Nonprofit Corporations|Part 13. Derivative Actions|35-2-1307. Applicability to foreign corporations

  35-2-1307. Applicability to foreign corporations. In a derivative proceeding in the right of a foreign corporation, the matter covered by this part is governed by the laws of the jurisdiction of incorporation of the foreign corporation, except for 35-2-1303, 35-2-1305, and 35-2-1306.   History: En. Sec. 56, Ch. 411, L. 1991.
MT Code § 35-2-1401 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 2. Nonprofit Corporations|Part 14. Distributions|35-2-1401. Prohibited distributions -- permitted transactions

  35-2-1401. Prohibited distributions -- permitted transactions. (1) Except as authorized by 35-2-1402, a corporation may not make any distributions.   (2) A public benefit corporation may, subject to the requirements of Title 15, chapter 31, and this chapter, as applicable:   (a) pay reasonable compensation or reimburse reasonable expenses to members, directors, or officers for services rendered; and   (b) confer benefits upon or make contributions to members in conformity with its charitable purposes if after the transaction is completed:   (i) the corporation would be able to pay its debts as they become due in the usual course of its activities; and   (ii) the corporation's total assets would at least equal the sum of its total liabilities.   History: En. Sec. 132, Ch. 411, L. 1991; amd. Sec. 1, Ch. 135, L. 2007.
MT Code § 35-2-1402 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 2. Nonprofit Corporations|Part 14. Distributions|35-2-1402. Authorized distributions

  35-2-1402. Authorized distributions. (1) A mutual benefit corporation may purchase its memberships if after the purchase is completed:   (a) the corporation would be able to pay its debts as they become due in the usual course of its activities; and   (b) the corporation's total assets would at least equal the sum of its total liabilities.   (2) Corporations may make distributions upon dissolution in conformity with part 7 of this chapter.   History: En. Sec. 133, Ch. 411, L. 1991.
MT Code § 35-3-101 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 3. Religious Corporations Sole|Part 1. General|35-3-101. Short title

  35-3-101. Short title. This chapter shall be known and may be cited as the "Montana Religious Corporation Sole Act".   History: En. Sec. 1, Ch. 301, L. 1967; R.C.M. 1947, 15-2401.
MT Code § 35-3-102 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 3. Religious Corporations Sole|Part 1. General|35-3-102. Applicability

  35-3-102. Applicability. The provisions of this chapter shall apply to corporations sole existing on December 31, 1968, or formed in accordance herewith and the Montana Nonprofit Corporation Act shall apply thereto only when not inconsistent with the provisions of this chapter. Foreign corporations sole will likewise be governed by the applicable provisions of the Montana Nonprofit Corporation Act when not inconsistent with the provisions of this chapter.   History: En. Sec. 2, Ch. 301, L. 1967; R.C.M. 1947, 15-2402(part).
MT Code § 35-3-103 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 3. Religious Corporations Sole|Part 1. General|35-3-103. Repeal of prior act not to affect rights accrued or liabilities incurred

  35-3-103. Repeal of prior act not to affect rights accrued or liabilities incurred. The repeal of a prior act by this chapter shall not affect any right accrued or established or any liability or penalty incurred under the provisions of such act prior to the repeal thereof.   History: En. Sec. 12, Ch. 301, L. 1967; R.C.M. 1947, 15-2412.
MT Code § 35-3-201 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 3. Religious Corporations Sole|Part 2. Formation and Operation|35-3-201. When corporation sole may be created

  35-3-201. When corporation sole may be created. Whenever the rules or discipline of any religious denomination, society, or church permit or require the estate, property, temporalities, and business thereof to be held in the name of or managed by a bishop, chief priest, or presiding elder, it shall be lawful for such bishop, chief priest, or presiding elder of such religious denomination, society, or church to become a corporation sole in the manner herein prescribed.   History: En. Sec. 3, Ch. 301, L. 1967; R.C.M. 1947, 15-2403.
MT Code § 35-3-202 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 3. Religious Corporations Sole|Part 2. Formation and Operation|35-3-202. Articles of incorporation

  35-3-202. Articles of incorporation. (1) The articles of incorporation must set forth:   (a) the name of the corporation;   (b) the period of duration, which may be perpetual;   (c) the name of the religious denomination, society, or church creating the corporation sole;   (d) the name of the bishop, chief priest, or presiding elder whose office is incorporated under this chapter, together with a designation of the boundaries of the territory over which that person presides or over which that person's jurisdiction extends and the facts authorizing the incorporation;   (e) the manner in which any vacancy occurring in the incumbency of the bishop, chief priest, or presiding elder, as required by the rules or discipline of the religious denomination, society, or church, must be filled;   (f) any provisions, not inconsistent with law, that the incorporator elects to set forth in the articles of incorporation for the regulation of the internal affairs of the corporation, including any provisions for distribution of assets on dissolution or final liquidation;   (g) the address of its principal office and the information specified by 35-7-105(1);   (h) the name and address of the incorporator.   (2) It is not necessary to set forth in the articles of incorporation any of the corporate powers enumerated in this chapter.   (3) The articles must be verified by affidavit of the incorporator, and the incorporator shall also file the original or a copy or translation of the incorporator's commission, certificate, or letters of appointment as bishop, chief priest, or presiding elder, duly attested, and the incorporator's affidavit that the document is a true copy or translation must be considered as sufficient attestation.   History: En. Sec. 4, Ch. 301, L. 1967; R.C.M. 1947, 15-2404; amd. Sec. 51, Ch. 240, L. 2007.
MT Code § 35-3-203 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 3. Religious Corporations Sole|Part 2. Formation and Operation|35-3-203. Effect of issuance of certificate of incorporation

  35-3-203. Effect of issuance of certificate of incorporation. (1) Upon filing the articles of incorporation in the office of the secretary of state with proof of appointment or election of such bishop, chief priest, or presiding elder, the secretary of state must issue to the corporation over the great seal of the state a certificate of incorporation.   (2) Upon the issuance of this certificate, the corporate existence shall begin and such certificate of incorporation shall be conclusive evidence that all conditions precedent required to be performed by the incorporator have been complied with and that the corporation has been incorporated under this chapter, except as against the state in a proceeding to cancel or revoke the certificate of incorporation or for involuntary dissolution of the corporation.   History: En. Sec. 5, Ch. 301, L. 1967; R.C.M. 1947, 15-2405.
MT Code § 35-3-204 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 3. Religious Corporations Sole|Part 2. Formation and Operation|35-3-204. Unauthorized assumption of corporate powers -- liability

  35-3-204. Unauthorized assumption of corporate powers -- liability. All persons who assume to act as a corporation hereunder without authority so to do shall be jointly and severally liable for all debts and liabilities incurred or arising as the result thereof.   History: En. Sec. 11, Ch. 301, L. 1967; R.C.M. 1947, 15-2411.
MT Code § 35-3-206 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 3. Religious Corporations Sole|Part 2. Formation and Operation|35-3-206. Amendment of articles of incorporation

  35-3-206. Amendment of articles of incorporation. (1) Whenever any bishop, chief priest, or presiding elder has filed in the office of the secretary of state articles of incorporation, under the provisions of an act entitled "An Act Authorizing and Regulating the Incorporation of Sole Corporations and Defining Their Powers", approved February 27, 1899, or amendments to that act or under this chapter, the corporation sole may amend its articles of incorporation from time to time in any and as many respects as may be desired as long as its articles of incorporation as amended contain only provisions that are lawful under this chapter.   (2) The articles of amendment must be promulgated by the incorporator or a successor by setting forth a statement of the facts authorizing the amendment and the date upon which the amendment was promulgated, and the incorporator's or successor's affidavit that the amendment is a true copy or translation of the amendment is considered a sufficient attestation.   History: En. Sec. 10, Ch. 301, L. 1967; R.C.M. 1947, 15-2410; amd. Sec. 1291, Ch. 56, L. 2009.
MT Code § 35-3-207 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 3. Religious Corporations Sole|Part 2. Formation and Operation|35-3-207. Succession

  35-3-207. Succession. (1) In the event of the death or resignation from office of any bishop, chief priest, or presiding elder or of that individual's transfer or removal from office by the person or body having the authority to remove that individual, the individual's successor in office succeeds to the powers, rights, and obligations of the office and becomes vested with the title to the property with like power and authority over the property and subject to all the legal liabilities and obligations with reference to the property.   (2) Succession is effected when the successor files in the office of the secretary of state the original or a copy or translation of the successor's commission, certificate, or letters of appointment as bishop, chief priest, or presiding elder, duly attested, and the successor's affidavit that the document is a true copy or translation is considered sufficient attestation of the document.   History: En. Sec. 7, Ch. 301, L. 1967; R.C.M. 1947, 15-2407; amd. Sec. 1292, Ch. 56, L. 2009.
MT Code § 35-3-208 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 3. Religious Corporations Sole|Part 2. Formation and Operation|35-3-208. Board of advisors or consultors -- interim powers

  35-3-208. Board of advisors or consultors -- interim powers. The bishop, chief priest, or presiding elder of the corporation sole created hereby may appoint a board of advisors or consultors consisting of at least four persons of legal age and otherwise qualified according to the rules or discipline of the denomination, society, or church, which board, in addition to its advisory function, shall exercise the powers of the corporation upon the death, resignation, transfer, removal, or deprivation of office of the bishop, chief priest, or presiding elder and which shall elect an administrator to which it may delegate the executive and administrative functions of the corporation during the interim and until the successor bishop, chief priest, or presiding elder is appointed, elected, or qualified according to the rules or discipline of the denomination, society, or church.   History: En. Sec. 8, Ch. 301, L. 1967; amd. Sec. 1, Ch. 113, L. 1977; R.C.M. 1947, 15-2408.
MT Code § 35-3-209 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 3. Religious Corporations Sole|Part 2. Formation and Operation|35-3-209. Annual report

  35-3-209. Annual report. (1) Each corporation, subject to the provisions of this chapter, shall file within the time and in the manner prescribed by the Montana Nonprofit Corporation Act an annual report on forms or in a computerized format prescribed by the secretary of state, setting forth:   (a) the name of the corporation and the name of the present incumbent chief corporate officer;   (b) the business mailing address of the principal office of the corporation, wherever located, and the information specified by 35-7-105(1);   (c) the names and business mailing addresses of the present members of the board of advisers or consultors of the corporation.   (2) The report must be executed by the chief corporate officer or by an attorney-in-fact acting under a power of attorney filed with the secretary of state by the chief corporate officer.   History: En. Sec. 9, Ch. 301, L. 1967; R.C.M. 1947, 15-2409; amd. Sec. 3, Ch. 153, L. 1989; amd. Sec. 52, Ch. 240, L. 2007; amd. Sec. 15, Ch. 26, L. 2011.
MT Code § 35-3-210 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 3. Religious Corporations Sole|Part 2. Formation and Operation|35-3-210. Registered agent -- corporate office

  35-3-210. Registered agent -- corporate office. A corporation sole organized under the provisions of this chapter shall maintain a corporate office in this state and shall appoint a resident registered agent as provided in 35-7-105(1).   History: En. Sec. 16, Ch. 229, L. 1999; amd. Sec. 53, Ch. 240, L. 2007.
MT Code § 35-4-101 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 4. Montana Professional Corporation Act|Part 1. General|35-4-101. Repealed

  35-4-101. Repealed. Sec. 24, Ch. 399, L. 1983.   History: En. Sec. 4, Ch. 161, L. 1963; R.C.M. 1947, 15-2102.
MT Code § 35-4-102 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 4. Montana Professional Corporation Act|Part 1. General|35-4-102. Repealed

  35-4-102. Repealed. Sec. 24, Ch. 399, L. 1983.   History: En. Sec. 3, Ch. 161, L. 1963; R.C.M. 1947, 15-2101.
MT Code § 35-4-103 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 4. Montana Professional Corporation Act|Part 1. General|35-4-103. Repealed

  35-4-103. Repealed. Sec. 24, Ch. 399, L. 1983.   History: En. Sec. 5, Ch. 161, L. 1963; amd. Sec. 1, Ch. 56, L. 1965; amd. Sec. 1, Ch. 10, L. 1967; R.C.M. 1947, 15-2103.
MT Code § 35-4-104 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 4. Montana Professional Corporation Act|Part 1. General|35-4-104. Repealed

  35-4-104. Repealed. Sec. 24, Ch. 399, L. 1983.   History: En. Sec. 6, Ch. 161, L. 1963; R.C.M. 1947, 15-2104.
MT Code § 35-4-105 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 4. Montana Professional Corporation Act|Part 1. General|35-4-105. Repealed

  35-4-105. Repealed. Sec. 24, Ch. 399, L. 1983.   History: En. Sec. 16, Ch. 161, L. 1963; R.C.M. 1947, 15-2114(part).
MT Code § 35-4-106 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 4. Montana Professional Corporation Act|Part 1. General|35-4-106. Repealed

  35-4-106. Repealed. Sec. 24, Ch. 399, L. 1983.   History: En. Sec. 19, Ch. 161, L. 1963; R.C.M. 1947, 15-2116.
MT Code § 35-4-107 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 4. Montana Professional Corporation Act|Part 1. General|35-4-107. Repealed

  35-4-107. Repealed. Sec. 24, Ch. 399, L. 1983.   History: En. Sec. 7, Ch. 161, L. 1963; amd. Sec. 9, Ch. 62, L. 1977; R.C.M. 1947, 15-2105.
MT Code § 35-4-108 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 4. Montana Professional Corporation Act|Part 1. General|35-4-108. Short title

  35-4-108. Short title. This chapter may be cited as the "Montana Professional Corporation Act".   History: En. Sec. 1, Ch. 399, L. 1983.
MT Code § 35-4-109 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 4. Montana Professional Corporation Act|Part 1. General|35-4-109. Definitions

  35-4-109. Definitions. As used in this chapter, unless the context otherwise requires, the following definitions apply:   (1) "Disqualified person" means any natural person, corporation, partnership, fiduciary, trust, association, government agency, or other entity that for any reason is or becomes ineligible under this chapter to own shares issued by a professional corporation.   (2) "Foreign professional corporation" means a corporation for profit organized for the purpose of rendering professional services under a law other than the laws of this state, including the laws of a federally recognized Indian tribe.   (3) "Licensing authority" means an officer, board, agency, court, or other authority in this state that has the power to issue a license or other legal authorization to render a professional service.   (4) "Professional corporation" or "domestic professional corporation" means a corporation for profit subject to the provisions of this chapter, except a foreign professional corporation.   (5) "Professional service" means any service that may lawfully be rendered only by persons licensed under a licensing law of this state and that may not lawfully be rendered by a corporation organized under the Montana Business Corporation Act.   (6) "Qualified person" means a natural person, general partnership, or professional corporation eligible under this chapter to own shares issued by a professional corporation.   History: En. Sec. 2, Ch. 399, L. 1983; amd. Sec. 16, Ch. 280, L. 2015.
MT Code § 35-4-110 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 4. Montana Professional Corporation Act|Part 1. General|35-4-110. Application to existing corporations

  35-4-110. Application to existing corporations. (1) This chapter applies to each professional corporation organized prior to October 1, 1983. If such a corporation is required to amend its corporate name or purposes to comply with this chapter, it shall deliver one duly executed original and one copy of articles of amendment or restated articles of incorporation containing such amendments to the secretary of state within 90 days after October 1, 1983.   (2) Any corporation that is not a professional corporation may become subject to this chapter by delivering to the secretary of state one duly executed original and one copy of articles of amendment or restated articles of incorporation stating that the corporation elects to become subject to this chapter and containing such amendments of its corporate name or purposes as are required to comply with this chapter.   History: En. Sec. 3, Ch. 399, L. 1983.
MT Code § 35-4-111 (2021)
2021 Montana Code Annotated|Title 35. Corporations, Partnerships, and Associations|Chapter 4. Montana Professional Corporation Act|Part 1. General|35-4-111. Application of the Montana Business Corporation Act

  35-4-111. Application of the Montana Business Corporation Act. The Montana Business Corporation Act applies to professional corporations, domestic and foreign, except to the extent its provisions are inconsistent with this chapter.   History: En. Sec. 4, Ch. 399, L. 1983.