Montana § 35-2-1302 Demand

Montana Statutes

§ 35-2-1302 — Demand

Montana § 35-2-1302

Title 35CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

Ch. 2NONPROFIT CORPORATIONS

Part 13Derivative Actions

This text of Montana § 35-2-1302 (Demand) 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. § 35-2-1302 (2026).

Text

35-2-1302 . Demand. A complainant may not commence a derivative proceeding until:

(1)a written demand has been made upon the corporation to take suitable action;

(2)90 days have expired from the date the demand was made, unless the complainant has earlier been notified that the demand has been rejected by the corporation or unless irreparable injury to the corporation would result by waiting for the expiration of the 90-day period; and

(3)the complainant has notified the attorney general prior to commencing a proceeding if the proceeding involves a public benefit corporation or assets held in charitable trust by a mutual benefit corporation. Notification of the attorney general must be made by mailing the attorney general a copy of the complaint.

Free access — add to your briefcase to read the full text and ask questions with AI

35-2-1302 . Demand. A complainant may not commence a derivative proceeding until:
(1) a written demand has been made upon the corporation to take suitable action;
(2) 90 days have expired from the date the demand was made, unless the complainant has earlier been notified that the demand has been rejected by the corporation or unless irreparable injury to the corporation would result by waiting for the expiration of the 90-day period; and
(3) the complainant has notified the attorney general prior to commencing a proceeding if the proceeding involves a public benefit corporation or assets held in charitable trust by a mutual benefit corporation. Notification of the attorney general must be made by mailing the attorney general a copy of the complaint.