reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 18. Rural Cooperative Utilities › Part 3. Operation -- Members, Trustees, and Officers › 35-18-327. Definitions

35-18-327. Definitions.
As used in 35-18-327 through 35-18-333, the following definitions apply:
(1) "Liability" means the obligation to pay a judgment, settlement, penalty, or fine, including an excise tax assessed with respect to an employee benefit plan, or to pay reasonable expenses incurred with respect to a proceeding.
(2) (a) "Official capacity" means the office of trustee or officer in a cooperative.
(b) The term does not include service for any other domestic cooperative or any partnership, joint venture, trust, or other enterprise.
(3) "Party" includes an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding.
(4) "Proceeding" means any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative and whether formal or informal.
(5) (a) "Trustee or officer" means an individual who is or was a trustee or officer of a cooperative or an individual who, while a trustee or officer of a cooperative, is or was serving at the cooperative's request as a director, officer, partner, trustee, employee, or agent of another domestic cooperative, partnership, joint venture, trust, or other enterprise.
(b) The term includes, unless the context requires otherwise, the estate or personal representative of a trustee or officer.
History: En. Sec. 3, Ch. 173, L. 2001.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 18. Rural Cooperative Utilities › Part 3. Operation -- Members, Trustees, and Officers › 35-18-328. Authority to indemnify

35-18-328. Authority to indemnify.
(1) Except as provided in subsection (4), an individual who is made a party to a proceeding because the individual is or was a trustee or officer may be indemnified against liability incurred in the proceeding if:
(a) the individual conducted business in good faith;
(b) the individual reasonably believed:
(i) in the case of conduct in the individual's official capacity with the cooperative, that the individual's conduct was in the cooperative's best interests; and
(ii) in all other cases, that the individual's conduct was at least not opposed to the cooperative's best interests; and
(c) in the case of any criminal proceeding, the individual had no reasonable cause to believe that the conduct was unlawful.
(2) The termination of a proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent is not, of itself, a determination that the trustee or officer did not meet the standard of conduct described in this section.
(3) A cooperative may not indemnify a trustee or officer under this section:
(a) in connection with a proceeding by or in the right of the cooperative in which the trustee or officer was adjudged liable to the cooperative; or
(b) in connection with any other proceeding charging improper personal benefit to the trustee or officer, whether or not involving action in the trustee's or officer's official capacity, in which the trustee or officer was adjudged liable on the basis that personal benefit was improperly received by the trustee or officer.
(4) Indemnification permitted under this section in connection with a proceeding by or in the right of the cooperative is limited to reasonable expenses incurred in connection with the proceeding.
History: En. Sec. 4, Ch. 173, L. 2001.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 18. Rural Cooperative Utilities › Part 3. Operation -- Members, Trustees, and Officers › 35-18-329. Mandatory indemnification

35-18-329. Mandatory indemnification.
Unless limited by its articles of incorporation, a cooperative shall indemnify a trustee or officer who was wholly successful, on the merits or otherwise, in the defense of any proceeding to which the trustee or officer was a party because the trustee or officer is or was a trustee or officer of the cooperative against reasonable expenses incurred by the trustee or officer in connection with the proceeding.
History: En. Sec. 5, Ch. 173, L. 2001.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 18. Rural Cooperative Utilities › Part 3. Operation -- Members, Trustees, and Officers › 35-18-330. Court-ordered indemnification

35-18-330. Court-ordered indemnification.
Unless a cooperative's articles of incorporation provide otherwise, a trustee or officer of the cooperative who is a party to a proceeding may apply for indemnification to the court conducting the proceeding or to another court of competent jurisdiction. On receipt of an application, the court, after giving any notice that the court considers necessary, may order indemnification if it determines that the trustee or officer:
(1) is entitled to mandatory indemnification under 35-18-329, in which case the court shall also order the cooperative to pay the trustee's reasonable expenses incurred in obtaining court-ordered indemnification; or
(2) is fairly and reasonably entitled to indemnification in view of all the relevant circumstances. If the trustee or officer was adjudged liable as described in 35-18-328(3), the trustee's or officer's indemnification is limited to reasonable expenses incurred.
History: En. Sec. 6, Ch. 173, L. 2001.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 18. Rural Cooperative Utilities › Part 3. Operation -- Members, Trustees, and Officers › 35-18-331. Determination and authorization of indemnification

35-18-331. Determination and authorization of indemnification.
(1) A cooperative may not indemnify a trustee or officer under 35-18-328 unless authorized in the specific case after a determination has been made that indemnification of the trustee or officer is permissible in the circumstances because the trustee or officer has met the standard of conduct set forth in 35-18-328.
(2) The determination must be made:
(a) by the board of directors by majority vote of a quorum consisting of directors not at the time parties to the proceeding;
(b) if a quorum cannot be obtained under subsection (2)(a), by majority vote of a committee designated by the board of directors, in which designated directors who are parties may participate;
(c) by special legal counsel:
(i) selected by the board of directors or its committee in the manner prescribed in subsection (2)(a) or (2)(b); or
(ii) if a quorum of the board of directors cannot be obtained under subsection (2)(a) and a committee cannot be designated under subsection (2)(b), selected by majority vote of the full board of directors in which selected directors who are parties may participate; or
(d) by the shareholders, but shares owned by or voted under the control of directors who are at the time parties to the proceeding may not be voted on the determination.
(3) Authorization of indemnification and evaluation as to reasonableness of expenses must be made in the same manner as the determination that indemnification is permissible, except that if the determination is made by special legal counsel, authorization of indemnification and evaluation as to reasonableness of expenses must be made by those entitled under subsection (2)(c) to select counsel.
History: En. Sec. 7, Ch. 173, L. 2001.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 18. Rural Cooperative Utilities › Part 3. Operation -- Members, Trustees, and Officers › 35-18-332. Insurance

35-18-332. Insurance.
A cooperative may purchase and maintain insurance on behalf of an individual who is or was a director, trustee, officer, employee, or agent of the cooperative or who, while a director, trustee, officer, employee, or agent of the cooperative, is or was serving at the request of the cooperative as a director, trustee, officer, partner, employee, or agent of another domestic cooperative, partnership, joint venture, trust, or other enterprise, against liability asserted against or incurred by the individual in that capacity or arising from an individual's status as a director, trustee, officer, employee, or agent, whether or not the cooperative would have power to indemnify the individual against the same liability under 35-18-328 or 35-18-329.
History: En. Sec. 8, Ch. 173, L. 2001.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 18. Rural Cooperative Utilities › Part 3. Operation -- Members, Trustees, and Officers › 35-18-333. Application

35-18-333. Application.
(1) A provision treating a cooperative's indemnification of trustees or officers that is contained in its articles of incorporation, its bylaws, a resolution of its shareholders or board of directors, a contract, or other instrument is valid only if and to the extent that the provision is consistent with 35-18-327 through 35-18-333. If articles of incorporation limit indemnification, indemnification is valid only to the extent that it is consistent with the articles of incorporation.
(2) Sections 35-18-327 through 35-18-333 do not limit a cooperative's power to pay or reimburse expenses incurred by a trustee or officer in connection with the trustee's or officer's appearance as a witness in a proceeding at a time when the trustee or officer has not been made a named defendant or respondent to the proceeding.
History: En. Sec. 9, Ch. 173, L. 2001.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 18. Rural Cooperative Utilities › Part 4. Merger, Consolidation, and Dissolution › 35-18-401. Procedure for merger

35-18-401. Procedure for merger.
Any one or more cooperatives, each of which is hereinafter designated a "merging cooperative", may merge into another cooperative, hereinafter designated the "surviving cooperative" by complying with the following requirements:
(1) The proposition for the merger of the merging cooperatives into the surviving cooperative and proposed articles of merger to give effect thereto shall be first approved by the board of trustees of each merging cooperative and by the board of trustees of the surviving cooperative. The proposed articles of merger shall recite in the caption that they are executed pursuant to this chapter and shall state:
(a) the name of each merging cooperative, the address of its principal office, and the date of the filing of its articles of incorporation in the office of the secretary of state;
(b) the name of the surviving cooperative and the address of its principal office;
(c) a statement that the merging cooperatives elect to be merged into the surviving cooperative;
(d) the terms and conditions of the merger and the mode of carrying the same into effect, including the manner and basis of converting the memberships in the merging cooperative or cooperatives into memberships in the surviving cooperative and the issuance of certificates of membership in respect of such converted memberships; and
(e) any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs of the surviving cooperative.
(2) The proposition for the merger of the merging cooperatives into the surviving cooperative and the proposed articles of merger approved by the board of trustees of the respective cooperatives which are parties to such proposed merger shall then be submitted to a vote of the members of each such cooperative at any annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed merger. The proposed merger and the proposed articles of merger shall be deemed to be approved upon the affirmative vote of not less than two-thirds of those members of each cooperative voting thereon at such meeting.
(3) Upon such approval by the members of the respective cooperatives parties to the proposed merger, articles of merger in the form approved shall be executed on behalf of each such cooperative by its president or vice-president and its seal shall be affixed thereto and attested by its secretary. The president or vice-president of each cooperative executing such articles of merger shall also make and annex thereto an affidavit stating that the provisions of this section were duly complied with by such cooperative.
(4) Such articles of merger and affidavits shall be submitted to the secretary of state for filing as provided in this chapter.
History: En. Sec. 14, Ch. 172, L. 1939; R.C.M. 1947, 14-514; amd. Sec. 44, Ch. 174, L. 1983.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 18. Rural Cooperative Utilities › Part 4. Merger, Consolidation, and Dissolution › 35-18-402. Procedure for consolidation

35-18-402. Procedure for consolidation.
Any two or more cooperatives, each of which is hereinafter designated a "consolidating cooperative", may consolidate into a new cooperative, hereinafter designated the "new cooperative" by complying with the following requirements:
(1) The proposition for the consolidation of the consolidating cooperatives into the new cooperative and proposed articles of consolidation to give effect thereto shall be first approved by the board of trustees of each consolidating cooperative. The proposed articles of consolidation shall recite in the caption that they are executed pursuant to this chapter and shall state:
(a) the name of each consolidating cooperative, the address of its principal office, and the date of the filing of its articles of incorporation in the office of the secretary of state;
(b) the name of the new cooperative and the address of its principal office;
(c) the names and addresses of the persons who shall constitute the first board of trustees of the new cooperative;
(d) the terms and conditions of the consolidation and the mode of carrying the same into effect, including the manner and basis of converting memberships in each consolidating cooperative into memberships in the new cooperative and the issuance of certificates of memberships in respect of such converted memberships; and
(e) any provisions not inconsistent with this chapter deemed necessary or advisable for the conduct of the business and affairs of the new cooperative.
(2) The proposition for the consolidation of the consolidating cooperatives into the new cooperative and the proposed articles of consolidation approved by the board of trustees of each consolidating cooperative shall then be submitted to a vote of the members thereof at any annual or special meeting thereof, the notice of which shall set forth full particulars concerning the proposed consolidation. The proposed consolidation and the proposed articles of consolidation shall be deemed to be approved upon the affirmative vote of not less than two-thirds of those members of each consolidating cooperative voting thereon at such meeting.
(3) Upon such approval by the members of the respective consolidating cooperatives, articles of consolidation in the form approved shall be executed on behalf of each consolidating cooperative by its president or vice-president and its seal shall be affixed thereto and attested by its secretary. The president or vice-president of each consolidating cooperative executing such articles of consolidation shall also make and annex thereto an affidavit stating that the provisions of this section were duly complied with by such cooperative.
(4) Such articles of consolidation and affidavits shall be submitted to the secretary of state for filing as provided in this chapter.
History: En. Sec. 13, Ch. 172, L. 1939; R.C.M. 1947, 14-513; amd. Sec. 45, Ch. 174, L. 1983.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 18. Rural Cooperative Utilities › Part 4. Merger, Consolidation, and Dissolution › 35-18-403. Effect of merger or consolidation

35-18-403. Effect of merger or consolidation.
The effect of consolidation or merger shall be as follows:
(1) The several cooperatives parties to the consolidation or merger shall be a single cooperative which, in the case of a consolidation, shall be the new cooperative provided for in the articles of consolidation and, in the case of a merger, shall be that cooperative designated in the articles of merger as the surviving cooperative, and the separate existence of all cooperatives parties to the consolidation or merger, except the new or surviving cooperative, shall cease.
(2) Such new or surviving cooperative shall have all the rights, privileges, immunities, and powers and shall be subject to all the duties and liabilities of a cooperative organized under the provisions of this chapter and shall possess all the rights, privileges, immunities, and franchises, as well of a public as of a private nature, and all property, real and personal, applications for membership, all debts due on whatever account, and all other choses in action of each of the consolidating or merging cooperatives. Furthermore, all and every interest of or belonging or due to each of the cooperatives so consolidated or merged shall be taken and deemed to be transferred to and vested in such new or surviving cooperative without further act or deed, and the title to any real estate or any interest therein under the laws of this state vested in any such cooperative shall not revert or be in any way impaired by reason of such consolidation or merger.
(3) Such new or surviving cooperative shall thenceforth be responsible and liable for all of the liabilities and obligations of each of the cooperatives so consolidated or merged. Any claim existing or action or proceeding pending by or against any of such cooperatives may be prosecuted as if such consolidation or merger had not taken place, but such new or surviving cooperative may be substituted in its place.
(4) Neither the rights of creditors nor any liens upon the property of any of such cooperatives shall be impaired by such consolidation or merger.
(5) In the case of a consolidation, the articles of consolidation shall be deemed to be the articles of incorporation of the new cooperative. In the case of a merger, the articles of incorporation of the surviving cooperative shall be deemed to be amended to the extent, if any, that changes therein are provided for in the articles of merger.
History: En. Sec. 15, Ch. 172, L. 1939; R.C.M. 1947, 14-515.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 18. Rural Cooperative Utilities › Part 4. Merger, Consolidation, and Dissolution › 35-18-404. Dissolution of cooperative which has not commenced business

35-18-404. Dissolution of cooperative which has not commenced business.
(1) A cooperative which has not commenced business may dissolve voluntarily by delivering to the secretary of state articles of dissolution, executed on behalf of the cooperative by a majority of the incorporators, which shall state:
(a) the name of the cooperative;
(b) the address of its principal office;
(c) the date of its incorporation;
(d) that the cooperative has not commenced business;
(e) that the amount, if any, actually paid in on account of membership fees, less any part thereof disbursed for necessary expenses, has been returned to those entitled thereto and that all easements shall have been released to the grantors;
(f) that no debt of the cooperative remains unpaid; and
(g) that a majority of the incorporators elect that the cooperative be dissolved.
(2) Such articles of dissolution shall be submitted to the secretary of state for filing as provided in this chapter.
History: En. Sec. 18, Ch. 172, L. 1939; R.C.M. 1947, 14-518(a); amd. Sec. 46, Ch. 174, L. 1983.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 18. Rural Cooperative Utilities › Part 5. Filings and Fees › 35-18-501. Filings relative to incorporation, amendment, conversion, merger, consolidation, and dissolution -- effect of filing -- transmittal to county clerk

35-18-501. Filings relative to incorporation, amendment, conversion, merger, consolidation, and dissolution -- effect of filing -- transmittal to county clerk.
(1) Articles of incorporation, amendment, consolidation, merger, conversion, or dissolution, when executed and accompanied by affidavits that may be required by applicable provisions of this chapter, must be presented to the secretary of state for filing. If the secretary of state finds that the articles presented conform to the requirements of this chapter, the secretary of state shall upon the payment of the fees as provided in this chapter file the articles, and upon filing, the incorporation, amendment, consolidation, merger, conversion, or dissolution is in effect.
(2) The secretary of state, immediately upon the filing of any articles pursuant to this chapter, shall transmit a certified copy to the county clerk of the county in which the principal office of each cooperative or corporation affected by the incorporation, amendment, consolidation, merger, conversion, or dissolution is located. The clerk of any county, upon receipt of any certified copy, shall file and index the copy in the records of that office, but the failure of the secretary of state or of a clerk of a county to comply with the provisions of this section does not invalidate the articles.
(3) The provisions of this section apply to certificates of election to dissolve and affidavits of compliance executed pursuant to 35-18-405(2).
History: En. Sec. 19, Ch. 172, L. 1939; R.C.M. 1947, 14-519; amd. Sec. 48, Ch. 174, L. 1983; amd. Sec. 1340, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 18. Rural Cooperative Utilities › Part 5. Filings and Fees › 35-18-502. Fees to be charged by secretary of state

35-18-502. Fees to be charged by secretary of state.
(1) The secretary of state shall charge and collect a fee for each of the following:
(a) filing articles of incorporation and issuing a certificate of incorporation;
(b) filing articles of amendment and issuing a certificate of amendment;
(c) filing articles of consolidation or merger and issuing a certificate of consolidation or merger;
(d) filing articles of conversion and issuing a certificate of conversion;
(e) filing a certificate of election to dissolve and issuing a certificate of election to dissolve;
(f) filing articles of dissolution and issuing a certificate of dissolution; and
(g) filing a certificate of change of principal office and issuing a certificate of change of principal office.
(2) Fees pursuant to this section must be set and deposited in accordance with 2-15-405.
History: En. Sec. 27, Ch. 172, L. 1939; amd. Sec. 5, Ch. 117, L. 1961; R.C.M. 1947, 14-527; amd. Sec. 28, Ch. 396, L. 2001.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 18. Rural Cooperative Utilities › Part 5. Filings and Fees › 35-18-503. Exemption from taxes

35-18-503. Exemption from taxes.
Cooperatives and foreign corporations transacting business in this state pursuant to the provisions of this chapter, except as provided in 10-4-201 and 15-53-138, are exempt from all excise and income taxes.
History: En. Sec. 28, Ch. 172, L. 1939; amd. Sec. 8, Ch. 80, L. 1957; R.C.M. 1947, 14-528; amd. Sec. 19, Ch. 635, L. 1985; amd. Sec. 7, Ch. 676, L. 1991; amd. Sec. 2, Ch. 65, L. 1997; amd. Sec. 38, Ch. 426, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 18. Rural Cooperative Utilities › Part 5. Filings and Fees › 35-18-504. Repealed

35-18-504. Repealed.
Sec. 3, Ch. 65, L. 1997.
History: En. Sec. 11, Ch. 676, L. 1991.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 18. Rural Cooperative Utilities › Part 5. Filings and Fees › 35-18-505. Repealed

35-18-505. Repealed.
Sec. 3, Ch. 65, L. 1997.
History: En. Sec. 16, Ch. 676, L. 1991.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 18. Rural Cooperative Utilities › Part 5. Filings and Fees › 35-18-506. Repealed

35-18-506. Repealed.
Sec. 3, Ch. 65, L. 1997.
History: En. Sec. 17, Ch. 676, L. 1991.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 18. Rural Cooperative Utilities › Part 5. Filings and Fees › 35-18-510. Repealed

35-18-510. Repealed.
Sec. 3, Ch. 65, L. 1997.
History: En. Sec. 15, Ch. 676, L. 1991.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 1. General Provisions (Repealed) › 35-19-101. Repealed

35-19-101. Repealed.
Sec. 2(1), Ch. 67, L. 2011.
History: En. Sec. 1, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 1. General Provisions (Repealed) › 35-19-102. Repealed

35-19-102. Repealed.
Sec. 2(1), Ch. 67, L. 2011.
History: En. Sec. 2, Ch. 575, L. 1999; amd. Sec. 3, Ch. 491, L. 2007.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 1. General Provisions (Repealed) › 35-19-103. Repealed

35-19-103. Repealed.
Sec. 20, Ch. 565, L. 2003.
History: En. Sec. 3, Ch. 575, L. 1999; rep. Sec. 30, Ch. 577, L. 2001 (repealer voided by I.R. No. 117, Nov. 5, 2002).
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 1. General Provisions (Repealed) › 35-19-104. Repealed

35-19-104. Repealed.
Sec. 2(1), Ch. 67, L. 2011.
History: En. Sec. 4, Ch. 575, L. 1999; amd. Sec. 7, Ch. 577, L. 2001 (voided by I.R. No. 117, Nov. 5, 2002); amd. Sec. 20, Ch. 591, L. 2001; amd. Sec. 4, Ch. 565, L. 2003.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 1. General Provisions (Repealed) › 35-19-105. Repealed

35-19-105. Repealed.
Sec. 2(1), Ch. 67, L. 2011.
History: En. Sec. 8, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 1. General Provisions (Repealed) › 35-19-106. Repealed

35-19-106. Repealed.
Sec. 2(1), Ch. 67, L. 2011.
History: En. Sec. 9, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 1. General Provisions (Repealed) › 35-19-107. Repealed

35-19-107. Repealed.
Sec. 2(1), Ch. 67, L. 2011.
History: En. Sec. 14, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 1. General Provisions (Repealed) › 35-19-108. Repealed

35-19-108. Repealed.
Sec. 2(1), Ch. 67, L. 2011.
History: En. Sec. 28, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 2. Powers and Restrictions -- Buying Cooperatives (Repealed) › 35-19-201. Repealed

35-19-201. Repealed.
Sec. 2(1), Ch. 67, L. 2011.
History: En. Sec. 5, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 2. Powers and Restrictions -- Buying Cooperatives (Repealed) › 35-19-202. Repealed

35-19-202. Repealed.
Sec. 2(1), Ch. 67, L. 2011.
History: En. Sec. 6, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 2. Powers and Restrictions -- Buying Cooperatives (Repealed) › 35-19-203. Repealed

35-19-203. Repealed.
Sec. 2(1), Ch. 67, L. 2011.
History: En. Sec. 7, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 2. Powers and Restrictions -- Buying Cooperatives (Repealed) › 35-19-204. Repealed

35-19-204. Repealed.
Sec. 2(1), Ch. 67, L. 2011.
History: En. Sec. 15, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 2. Powers and Restrictions -- Buying Cooperatives (Repealed) › 35-19-205. Repealed

35-19-205. Repealed.
Sec. 2(1), Ch. 67, L. 2011.
History: En. Sec. 22, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 3. Incorporation and Dissolution (Repealed) › 35-19-301. Repealed

35-19-301. Repealed.
Sec. 2(1), Ch. 67, L. 2011.
History: En. Sec. 10, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 3. Incorporation and Dissolution (Repealed) › 35-19-302. Repealed

35-19-302. Repealed.
Sec. 2(1), Ch. 67, L. 2011.
History: En. Sec. 11, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 3. Incorporation and Dissolution (Repealed) › 35-19-303. Repealed

35-19-303. Repealed.
Sec. 2(1), Ch. 67, L. 2011.
History: En. Sec. 12, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 3. Incorporation and Dissolution (Repealed) › 35-19-304. Repealed

35-19-304. Repealed.
Sec. 2(1), Ch. 67, L. 2011.
History: En. Sec. 13, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 3. Incorporation and Dissolution (Repealed) › 35-19-305. Repealed

35-19-305. Repealed.
Sec. 2(1), Ch. 67, L. 2011.
History: En. Sec. 16, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 3. Incorporation and Dissolution (Repealed) › 35-19-306. Repealed

35-19-306. Repealed.
Sec. 2(1), Ch. 67, L. 2011.
History: En. Sec. 17, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 3. Incorporation and Dissolution (Repealed) › 35-19-307. Repealed

35-19-307. Repealed.
Sec. 2(1), Ch. 67, L. 2011.
History: En. Sec. 18, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 3. Incorporation and Dissolution (Repealed) › 35-19-308. Repealed

35-19-308. Repealed.
Sec. 2(1), Ch. 67, L. 2011.
History: En. Sec. 19, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 3. Incorporation and Dissolution (Repealed) › 35-19-309. Repealed

35-19-309. Repealed.
Sec. 2(1), Ch. 67, L. 2011.
History: En. Sec. 20, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 3. Incorporation and Dissolution (Repealed) › 35-19-310. Repealed

35-19-310. Repealed.
Sec. 2(1), Ch. 67, L. 2011.
History: En. Sec. 21, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 3. Incorporation and Dissolution (Repealed) › 35-19-311. Repealed

35-19-311. Repealed.
Sec. 2(2), Ch. 67, L. 2011.
History: En. Sec. 23, Ch. 575, L. 1999; amd. Sec. 1, Ch. 67, L. 2011.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 3. Incorporation and Dissolution (Repealed) › 35-19-312. Repealed

35-19-312. Repealed.
Sec. 2(2), Ch. 67, L. 2011.
History: En. Sec. 24, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 3. Incorporation and Dissolution (Repealed) › 35-19-313. Repealed

35-19-313. Repealed.
Sec. 2(2), Ch. 67, L. 2011.
History: En. Sec. 25, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 3. Incorporation and Dissolution (Repealed) › 35-19-314. Repealed

35-19-314. Repealed.
Sec. 2(2), Ch. 67, L. 2011.
History: En. Sec. 26, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 19. Electricity Buying Cooperative Act (Repealed) › Part 3. Incorporation and Dissolution (Repealed) › 35-19-315. Repealed

35-19-315. Repealed.
Sec. 2(2), Ch. 67, L. 2011.
History: En. Sec. 27, Ch. 575, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 20. Cemetery Associations › Part 1. Formation › 35-20-101. Permissible purposes for association -- first meeting -- election of trustees

35-20-101. Permissible purposes for association -- first meeting -- election of trustees.
A group of seven persons or more residing in any county in the state of Montana who desire to form an association for the purpose of procuring and holding lands to be used exclusively for a cemetery or place of burial of the dead may meet at a time and place that they or a majority of them agree upon and appoint a presiding officer and secretary by a vote of the majority of the persons present at the meeting and may proceed to form an association by agreeing upon a corporate name by which the association must be known and by determining upon the number of trustees to manage the affairs of the association. The number of trustees may not be less than three or more than nine. Upon determining the number of trustees they may proceed to elect the trustees by ballot.
History: En. Sec. 1, Ch. 18, L. 1905; re-en. Sec. 4237, Rev. C. 1907; re-en. Sec. 6469, R.C.M. 1921; Cal. Civ. C. Secs. 608-616; re-en. Sec. 6469, R.C.M. 1935; R.C.M. 1947, 9-101; amd. Sec. 1341, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 20. Cemetery Associations › Part 1. Formation › 35-20-102. Classification of trustees -- staggered terms

35-20-102. Classification of trustees -- staggered terms.
The presiding officer and secretary of the meeting described in 35-20-101 shall immediately after the election divide the trustees by lot into three classes, those in the first class to hold their office for 1 year, those in the second class for 2 years, and those in the third class for 3 years. However, the trustees of each class may be reelected if they possess the qualifications mentioned in this part. The meeting must also determine on what day in each year the future annual election of trustees will be held.
History: En. Sec. 2, Ch. 18, L. 1905; re-en. Sec. 4238, Rev. C. 1907; re-en. Sec. 6470, R.C.M. 1921; re-en. Sec. 6470, R.C.M. 1935; R.C.M. 1947, 9-102; amd. Sec. 1342, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 20. Cemetery Associations › Part 1. Formation › 35-20-103. Document of incorporation -- contents -- filing

35-20-103. Document of incorporation -- contents -- filing.
(1) The presiding officer and secretary of the meeting described in 35-20-101 shall within 5 days after the holding of the meeting make a written certificate, which must state:
(a) the names of the associates who attended the meeting;
(b) the corporate name of the association determined by a majority of the persons who met;
(c) the number of persons agreed upon to manage the concerns of the association;
(d) the names of the trustees chosen at the meeting and their classification;
(e) the day of the year identified for the annual election of trustees and the manner of their election.
(2) In addition to provisions required in subsection (1), the document of incorporation may also contain provisions not inconsistent with law regarding liability as set forth in 35-14-202(2)(d).
(3) The certificate must be signed by the presiding officer and secretary and acknowledged by them before some person authorized to take acknowledgments within the state of Montana. They shall cause the acknowledged certificate to be recorded in the office of the county clerk and recorder of the county in which the meeting was held, and a certified copy of the recorded certificate must be filed with the secretary of state of the state of Montana, who shall issue a certificate of filing without charge.
History: En. Sec. 3, Ch. 18, L. 1905; re-en. Sec. 4239, Rev. C. 1907; re-en. Sec. 6471, R.C.M. 1921; re-en. Sec. 6471, R.C.M. 1935; R.C.M. 1947; 9-103; amd. Sec. 7, Ch. 559, L. 1987; amd. Sec. 212, Ch. 368, L. 1991; amd. Sec. 1343, Ch. 56, L. 2009; amd. Sec. 266, Ch. 271, L. 2019.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 20. Cemetery Associations › Part 1. Formation › 35-20-104. Effect of filing -- powers of association -- eminent domain

35-20-104. Effect of filing -- powers of association -- eminent domain.
When a certificate of incorporation is acknowledged, recorded, and filed as provided in 35-20-103, the association is considered legally incorporated and has the general powers and privileges of corporations with the right to sue and be sued and to continue perpetually. The association may also take private property for public use for a cemetery or place of burial of the dead. The power of eminent domain must be exercised under the provisions of Title 70, chapter 30.
History: En. Sec. 4, Ch. 18, L. 1905; re-en. Sec. 4240, Rev. C. 1907; amd. Sec. 1, Ch. 99, L. 1911; re-en. Sec. 6472, R.C.M. 1921; re-en. Sec. 6472, R.C.M. 1935; R.C.M. 1947, 9-104; amd. Sec. 32, Ch. 125, L. 2001.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 20. Cemetery Associations › Part 2. Operations Generally -- Trustees of Association › 35-20-201. Local government approval prior to commencing operations

35-20-201. Local government approval prior to commencing operations.
Before commencing operations under this chapter, an association shall comply with the planning and zoning requirements of the city or county or the city and county jointly, as may be required by law, and shall demonstrate to such unit or units of local government that a need exists for the proposed cemetery and that the association has the financial capability required to operate a cemetery in a satisfactory manner.
History: En. 9-111.1 by Sec. 2, Ch. 98, L. 1974; R.C.M. 1947, 9-111.1.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 20. Cemetery Associations › Part 2. Operations Generally -- Trustees of Association › 35-20-202. Bylaws

35-20-202. Bylaws.
The trustees of any association incorporated agreeably to the provisions of this chapter may enact bylaws for regulating the affairs of such corporation, not inconsistent with the laws of this state.
History: En. Sec. 5, Ch. 18, L. 1905; re-en. Sec. 4241, Rev. C. 1907; re-en. Sec. 6473, R.C.M. 1921; re-en. Sec. 6473, R.C.M. 1935; R.C.M. 1947, 9-105.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 20. Cemetery Associations › Part 2. Operations Generally -- Trustees of Association › 35-20-203. Vacancies in membership

35-20-203. Vacancies in membership.
All vacancies occurring by death or otherwise in the membership of any cemetery association organized under this chapter shall be filled by a vote of the surviving or remaining associates named in the certificate of association. All persons so elected to fill any such vacancy shall be entitled to vote at the election of trustees and be eligible to the office of trustee of said incorporation and shall have and be entitled to the same rights, powers, and privileges as the original associates named in said certificate.
History: En. Sec. 6, Ch. 18, L. 1905; re-en. Sec. 4242, Rev. C. 1907; re-en. Sec. 6474, R.C.M. 1921; re-en. Sec. 6474, R.C.M. 1935; R.C.M. 1947, 9-106.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 20. Cemetery Associations › Part 2. Operations Generally -- Trustees of Association › 35-20-204. Annual election -- time -- voting

35-20-204. Annual election -- time -- voting.
(1) The annual election for trustees to supply the place of those whose term of office expires shall be held on the day mentioned in the certificate of incorporation and at such hour and place as the trustees direct. The trustees chosen at any election after the first shall hold their offices for 3 years and until others are chosen to succeed them.
(2) Such election shall be by ballot, and every person who is the proprietor of a lot in the cemetery of the association or, if there is more than one proprietor of any such lot, then such one of the proprietors as a majority of the joint proprietors shall designate to represent such lot or any person who is named as an associate in said certificate may vote at such election, and the persons receiving the highest number of votes given at such election shall be declared elected trustees.
History: En. Sec. 13, Ch. 18, L. 1905; re-en. Sec. 4249, Rev. C. 1907; re-en. Sec. 6481, R.C.M. 1921; re-en. Sec. 6481, R.C.M. 1935; R.C.M. 1947, 9-113.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 20. Cemetery Associations › Part 2. Operations Generally -- Trustees of Association › 35-20-205. Qualifications of trustees -- notice of election -- vacancies

35-20-205. Qualifications of trustees -- notice of election -- vacancies.
(1) In all elections after the first, the trustees shall be chosen from among the associates named in said certificate of incorporation or their successors.
(2) Public notice of every annual election shall be given in such manner as the bylaws of the association prescribe.
(3) The trustees shall have the power to fill any vacancy in their number occurring during the term of office for which any trustee was elected.
History: En. Sec. 14, Ch. 18, L. 1905; re-en. Sec. 4250, Rev. C. 1907; re-en. Sec. 6482, R.C.M. 1921; re-en. Sec. 6482, R.C.M. 1935; R.C.M. 1947, 9-114.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 20. Cemetery Associations › Part 2. Operations Generally -- Trustees of Association › 35-20-206. Time for election if not held at time fixed in document of incorporation

35-20-206. Time for election if not held at time fixed in document of incorporation.
If the annual election is not held on the day fixed in the certificate of incorporation, the trustees have the power to appoint another day not more than 60 days thereafter and shall give public notice of the time and place, at which time the election may be held with like effect as if held on the day fixed in said certificate. The terms of office of the trustees chosen at such election shall expire at the same time they would have done had they been chosen on the day fixed in the certificate of incorporation.
History: En. Sec. 15, Ch. 18, L. 1905; re-en. Sec. 4251, Rev. C. 1907; re-en. Sec. 6483, R.C.M. 1921; re-en. Sec. 6483, R.C.M. 1935; R.C.M. 1947, 9-115.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 20. Cemetery Associations › Part 2. Operations Generally -- Trustees of Association › 35-20-207. Annual report of trustees -- duty of county attorney

35-20-207. Annual report of trustees -- duty of county attorney.
(1) The trustees at each annual meeting shall make a report in writing, which report shall be signed by at least a majority of the members of such board and shall contain a statement of their doings and of the affairs of the association and an account of the receipts and disbursements during the year preceding. Such report must be duly verified and filed in the office of the clerk of the district court. Such reports shall be noticed for hearing and heard in the same manner as reports of administrators in estates of deceased persons.
(2) It is hereby made the duty of the county attorney of the county in which cemetery is situated to act without charge as the legal advisor of all officers of a cemetery association and to prepare and present any and all reports required to be made by such officers.
History: En. Sec. 16, Ch. 18, L. 1905; re-en. Sec. 4252, Rev. C. 1907; re-en. Sec. 6484, R.C.M. 1921; re-en. Sec. 6484, R.C.M. 1935; amd. Sec. 2, Ch. 98, L. 1939; R.C.M. 1947, 9-116.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 20. Cemetery Associations › Part 2. Operations Generally -- Trustees of Association › 35-20-208. Trustees to manage -- quorum -- officers -- bond of treasurer

35-20-208. Trustees to manage -- quorum -- officers -- bond of treasurer.
(1) The affairs and property of the association must be managed by the trustees, a majority of whom is a quorum for the transaction of business.
(2) The trustees shall annually appoint from among their number a president, vice president, secretary, and treasurer who shall hold their offices at the pleasure of the board of trustees. The trustees may require the treasurer to give security for the faithful performance of the duties of that office.
History: En. Sec. 7, Ch. 18, L. 1905; re-en. Sec. 4243, Rev. C. 1907; re-en. Sec. 6475, R.C.M. 1921; re-en. Sec. 6475, R.C.M. 1935; amd. Sec. 1, Ch. 62, L. 1977; R.C.M. 1947, 9-107; amd. Sec. 1344, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 20. Cemetery Associations › Part 2. Operations Generally -- Trustees of Association › 35-20-209. Duties of secretary -- record of interments

35-20-209. Duties of secretary -- record of interments.
The secretary shall perform all the duties of a secretary of a corporation and shall, in addition, keep a record of interments in which the secretary shall enter as correctly and carefully as may be the name, age, sex, as defined in 1-1-201, place of birth, and cause of death with date of burial of every person interred in the cemetery. The secretary shall procure these facts from friends or relatives of the deceased or the undertaker that gives the order for interment at that time or, if the deceased is a pauper, a stranger, or criminal, from the coroner, physician, or other public officer directing the burial of the deceased.
History: En. Sec. 8, Ch. 18, L. 1905; re-en. Sec. 4244, Rev. C. 1907; re-en. Sec. 6476, R.C.M. 1921; re-en. Sec. 6476, R.C.M. 1935; R.C.M. 1947, 9-108; amd. Sec. 1345, Ch. 56, L. 2009; amd. Sec. 14, Ch. 685, L. 2023.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 20. Cemetery Associations › Part 2. Operations Generally -- Trustees of Association › 35-20-210. Record of interments open to public -- summary to health officers

35-20-210. Record of interments open to public -- summary to health officers.
(1) Such register or record of interment shall be open to the inspection of the public.
(2) The secretary of every cemetery association shall furnish to the health officers of any corporate town or city or county within the state, when demanded by them, an accurate summary of all the interments during any particular year.
History: En. Sec. 9, Ch. 18, L. 1905; re-en. Sec. 4245, Rev. C. 1907; re-en. Sec. 6477, R.C.M. 1921; re-en. Sec. 6477, R.C.M. 1935; R.C.M. 1947; 9-109.