§ 2-15-401 — Duties Of Secretary Of State -- Authority

2-15-401 . Duties of secretary of state -- authority. (1) In addition to the duties prescribed by the constitution, the secretary of state shall:
(a) attend at every session of the legislature for the purpose of receiving bills and resolutions and to perform other duties as may be devolved on the secretary of state by resolution of the two houses or either of them;
(b) keep a register of and attest the official acts of the governor, including all appointments made by the governor, with date of commission and names of appointees and predecessors;
(c) affix the great seal, with the secretary of state's attestation, to commissions, pardons, and other public instruments to which the official signature of the governor is required;
(d) record in proper books all articles of incorporation filed in the secretary of state's office;
(e) take and file receipts for all books distributed by the secretary of state and direct the county clerk of each county to take and file receipts for all books distributed by the county clerk;
(f) certify to the governor the names of those persons who have received at any election the highest number of votes for any office, the incumbent of which is commissioned by the governor;
(g) furnish, on demand, to any person paying the fees, a certified copy of all or any part of any law, record, or other instrument filed, deposited, or recorded in the secretary of state's office;
(h) keep a fee book in which must be entered all fees, commissions, and compensation earned, collected, or charged, with the date, name of payer, paid or unpaid, and the nature of the service in each case, which must be verified annually by the secretary of state's affidavit entered in the fee book;
(i) file in the secretary of state's office descriptions of seals in use by the different state officers;
(j) discharge the duties of a member of the board of examiners and of the board of land commissioners and all other duties required by law;
(k) register marks as provided in Title 30, chapter 13, part 3;
(l) report to the legislature in accordance with 5-11-210 all watercourse name changes received pursuant to 85-2-134 for publication in the Laws of Montana;
(m) keep a register of all applications for pardon or for commutation of any sentence, with a list of the official signatures and recommendations in favor of each application;
(n) establish and maintain a central filing system that complies with the requirements of a central filing system pursuant to 7 U.S.C. 1631 and use the information in the central filing system for the purposes of 7 U.S.C. 1631.
(2) The secretary of state may:
(a) develop and implement a statewide electronic filing system as described in 2-15-404 ; and
(b) adopt rules for the effective administration of the secretary of state's duties relating to the Montana Administrative Procedure Act established in Title 2, chapter 4.
(3) (a) Except for a cooperative organized and incorporated to do business under Title 35, chapter 15, 16, 17, or 18, or filed under 30-10-105 , the secretary of state may not accept a filing from a person using the term "cooperative" or a derivative of the term "cooperative" to register:
(i) an assumed business name pursuant to 30-13-202 ;
(ii) a nonprofit corporation pursuant to 35-2-119 ;
(iii) a limited liability corporation pursuant to 35-8-205 ;
(iv) a partnership pursuant to 35-10-113 ;
(v) a limited partnership pursuant to 35-12-511 ; or
(vi) a corporation pursuant to 35-14-120 .
(b) A person using the term "cooperative" to register with the secretary of state in violation of subsection (3)(a) shall be fined not less than $50 or more than $1,000.
(4) Subsection (3) does not apply to an entity formed prior to October 1, 2023, or any out-of-state cooperative required to register in accordance with 35-14-1503 .

Legislative History

En. Sec. 401, Pol. C. 1895; re-en. Sec. 154, Rev. C. 1907; re-en. Sec. 134, R.C.M. 1921; Cal. Pol. C. Sec. 408; re-en. Sec. 134, R.C.M. 1935; amd. Sec. 95, Ch. 199, L. 1965; amd. Sec. 1, Ch. 96, L. 1973; R.C.M. 1947, 82-2202; amd. Sec. 2, Ch. 159, L. 1979; amd. Sec. 11, Ch. 184, L. 1979; amd. Sec. 19, Ch. 429, L. 1979; amd. Sec. 1, Ch. 494, L. 1981; amd. Sec. 1, Ch. 79, L. 1983; amd. Sec. 4, Ch. 125, L. 1983; amd. Sec. 9, Ch. 467, L. 1987; amd. Sec. 8, Ch. 545, L. 1995; amd. Sec. 2, Ch. 291, L. 1997; amd. Sec. 1, Ch. 207, L. 2005; amd. Sec. 2, Ch. 370, L. 2005; amd. Sec. 6, Ch. 261, L. 2021; amd. Sec. 1, Ch. 277, L. 2023; amd. Sec. 3, Ch. 53, L. 2025; amd. Sec. 1, Ch. 169, L. 2025.