Montana § 35-2-1301 Standing

Montana Statutes

§ 35-2-1301 — Standing

Montana § 35-2-1301

Title 35CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

Ch. 2NONPROFIT CORPORATIONS

Part 13Derivative Actions

This text of Montana § 35-2-1301 (Standing) 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. § 35-2-1301 (2026).

Text

35-2-1301 . Standing.

(1)For purposes of this part, "derivative proceeding" means a civil suit in the right of a domestic corporation or, to the extent provided in 35-2-1307 , in the right of a foreign corporation.

(2)A derivative proceeding may be commenced or maintained by a complainant who is:

(a)a director at the time of the bringing of the proceeding; or

(b)a member or members having 5% or more of the voting power or by 50 members, whichever is less. Each member must be a member at the time of the proceeding, including the time of the complained act or omission.

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35-2-1301 . Standing. (1) For purposes of this part, "derivative proceeding" means a civil suit in the right of a domestic corporation or, to the extent provided in 35-2-1307 , in the right of a foreign corporation.
(2) A derivative proceeding may be commenced or maintained by a complainant who is:
(a) a director at the time of the bringing of the proceeding; or
(b) a member or members having 5% or more of the voting power or by 50 members, whichever is less. Each member must be a member at the time of the proceeding, including the time of the complained act or omission.