Montana § 35-9-208 Court Costs And Other Expenses

Montana Statutes

§ 35-9-208 — Court Costs And Other Expenses

Montana § 35-9-208

Title 35CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

Ch. 9MONTANA CLOSE CORPORATION ACT

Part 2Share Transfer Restrictions

This text of Montana § 35-9-208 (Court Costs And Other Expenses) 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. § 35-9-208 (2026).

Text

35-9-208 . Court costs and other expenses.

(1)The court in a proceeding commenced under 35-9-207 shall determine the total costs of the proceeding, including the reasonable compensation and expenses of appraisers appointed by the court and of counsel and experts employed by the parties. Except as provided in subsection (2), the court shall assess these costs equally against the corporation and the party exercising the compulsory purchase right.

(2)The court may assess all or a portion of the total costs of the proceeding:

(a)against the person exercising the compulsory purchase right if the court finds that the fair value of the shares does not substantially exceed the corporation's last purchase offer made before commencement of the proceeding and that the person's failure to accept th

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

35-9-208 . Court costs and other expenses. (1) The court in a proceeding commenced under 35-9-207 shall determine the total costs of the proceeding, including the reasonable compensation and expenses of appraisers appointed by the court and of counsel and experts employed by the parties. Except as provided in subsection (2), the court shall assess these costs equally against the corporation and the party exercising the compulsory purchase right.
(2) The court may assess all or a portion of the total costs of the proceeding:
(a) against the person exercising the compulsory purchase right if the court finds that the fair value of the shares does not substantially exceed the corporation's last purchase offer made before commencement of the proceeding and that the person's failure to accept the offer was arbitrary, vexatious, or otherwise not in good faith; or
(b) against the corporation if the court finds that the fair value of the shares substantially exceeds the corporation's last sale offer made before commencement of the proceeding and that the offer was arbitrary, vexatious, or otherwise not made in good faith.