Montana § 35-14-728 Voting For Directors -- Cumulative Voting

Montana Statutes

§ 35-14-728 — Voting For Directors -- Cumulative Voting

Montana § 35-14-728

Title 35CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

Ch. 14MONTANA BUSINESS CORPORATION ACT

Part 7Shareholders

This text of Montana § 35-14-728 (Voting For Directors -- Cumulative Voting) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 35-14-728 (2026).

Text

35-14-728 . Voting for directors -- cumulative voting.

(1)Unless otherwise provided in the articles of incorporation, directors are elected by a plurality of the votes cast by the shares entitled to vote in the election at a meeting at which a quorum is present.

(2)Shareholders do not have a right to cumulate their votes for directors unless the articles of incorporation provide for that right.

(3)A statement included in the articles of incorporation that "[all] [a designated voting group of] shareholders are entitled to cumulate their votes for directors" or words of similar meaning means that the shareholders designated are entitled to multiply the number of votes they are entitled to cast by the number of directors for whom they are entitled to vote and to cast the product for a sing

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35-14-728 . Voting for directors -- cumulative voting. (1) Unless otherwise provided in the articles of incorporation, directors are elected by a plurality of the votes cast by the shares entitled to vote in the election at a meeting at which a quorum is present.
(2) Shareholders do not have a right to cumulate their votes for directors unless the articles of incorporation provide for that right.
(3) A statement included in the articles of incorporation that "[all] [a designated voting group of] shareholders are entitled to cumulate their votes for directors" or words of similar meaning means that the shareholders designated are entitled to multiply the number of votes they are entitled to cast by the number of directors for whom they are entitled to vote and to cast the product for a single candidate or distribute the product among two or more candidates.
(4) Shares otherwise entitled to vote cumulatively may not be voted cumulatively at a particular meeting unless:
(a) the meeting notice or proxy statement accompanying the notice states conspicuously that cumulative voting is authorized; or
(b) a shareholder who has the right to cumulate the shareholder's votes gives notice to the corporation not less than 48 hours before the time set for the meeting of the shareholder's intent to cumulate votes during the meeting. If one shareholder gives this notice, all other shareholders in the same voting group participating in the election are entitled to cumulate their votes without giving further notice.