Montana Title 35. Corporations, Partnerships, and Associations § 35-8-1406. Articles of domestication--effective date of domestication

Current as of January 01, 2024 | Updated by Findlaw Staff

(1) Articles of domestication must be signed by the domesticating entity and delivered to the secretary of state for filing.

(2) Articles of domestication must contain:

(a) the name, jurisdiction of formation, and type of entity of the domesticating entity;

(b) the name and jurisdiction of formation of the domesticated entity;

(c) if the articles of domestication are not to be effective upon filing, the later date and time on which they will become effective, which may not be more than 90 days after the date of filing;

(d) if the domesticating entity is a domestic entity, a statement that the plan of domestication was approved in accordance with this part or, if the domesticating entity is a foreign entity, a statement that the domestication was approved in accordance with the law of its jurisdiction of formation;

(e) if the domesticated entity is a domestic filing entity, its public organic record as an attachment;

(f) if the domesticated entity is a domestic limited liability partnership, its application for registration of a limited liability partnership as an attachment; and

(g) if the domesticated entity is a foreign entity that is not a registered foreign entity, a statement designating a registered agent.

(3) In addition to the requirements of subsection (2), articles of domestication may contain any other provision not prohibited by law.

(4) If the domesticated entity is a domestic entity, its public organic record, if any, must satisfy the requirements of the law of this state, but the public organic record does not need to be signed and may omit any provision that is not required to be included in a restatement of the public organic record.

(5) A plan of domestication that is signed by a domesticating domestic entity and meets all of the requirements of subsection (2) may be delivered to the secretary of state for filing instead of articles of domestication and upon filing has the same effect. If a plan of domestication is filed as provided in this subsection, references in this chapter to articles of domestication refer to the plan of domestication filed under this subsection.

(6) Articles of domestication are effective on the date and time of filing or the later date and time specified in the articles of domestication.

(7) A domestication in which the domesticated entity is a domestic entity is effective when the articles of domestication are effective. A domestication in which the domesticated entity is a foreign entity is effective on the later of:

(a) the date and time provided by the organic law of the domesticated entity; or

(b) when the articles of domestication are effective.

Previous Part of Code Next Part of Code

Back to Chapter List

Cite this article: FindLaw.com - Montana Title 35. Corporations, Partnerships, and Associations § 35-8-1406. Articles of domestication--effective date of domestication - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-35-corporations-partnerships-and-associations/mt-code-ann-sect-35-8-1406/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Did FindLaw Help You Understand This Legal Issue?

Make It a Preferred Google Search Source

Add to Google

Latest Blog Posts

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)