Montana § 35-9-401 Merger -- Share Exchange -- Sale Of Assets

Montana Statutes

§ 35-9-401 — Merger -- Share Exchange -- Sale Of Assets

Montana § 35-9-401

Title 35CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

Ch. 9MONTANA CLOSE CORPORATION ACT

Part 4Reorganization and Dissolution

This text of Montana § 35-9-401 (Merger -- Share Exchange -- Sale Of Assets) 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. § 35-9-401 (2026).

Text

35-9-401 . Merger -- share exchange -- sale of assets.

(1)A plan of merger or share exchange:

(a)that if effected would terminate statutory close corporation status must be approved by the holders of at least two-thirds of the votes of each class or series of shares of the statutory close corporation, voting as separate voting groups, whether or not the holders are otherwise entitled to vote on the plan; and

(b)that if effected would create the surviving corporation as a statutory close corporation must be approved by the holders of at least two-thirds of the votes of each class or series of shares of the surviving corporation, voting as separate voting groups, whether or not the holders are otherwise entitled to vote on the plan.

(2)A sale, lease, exchange, or other disposition of all

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35-9-401 . Merger -- share exchange -- sale of assets. (1) A plan of merger or share exchange:
(a) that if effected would terminate statutory close corporation status must be approved by the holders of at least two-thirds of the votes of each class or series of shares of the statutory close corporation, voting as separate voting groups, whether or not the holders are otherwise entitled to vote on the plan; and
(b) that if effected would create the surviving corporation as a statutory close corporation must be approved by the holders of at least two-thirds of the votes of each class or series of shares of the surviving corporation, voting as separate voting groups, whether or not the holders are otherwise entitled to vote on the plan.
(2) A sale, lease, exchange, or other disposition of all or substantially all of the property of a statutory close corporation, with or without the good will, if not made in the usual and regular course of business, must be approved by the holders of at least two-thirds of the votes of each class or series of shares of the corporation, voting as separate voting groups, whether or not the holders are otherwise entitled to vote on the transaction.