Montana Code 27-28-101. When proceeding may be instituted for unlawful assertion of authority
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27-28-101. When proceeding may be instituted for unlawful assertion of authority. A civil action may be brought in the name of the state against:
Terms Used In Montana Code 27-28-101
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)a person who usurps, intrudes into, or unlawfully holds or exercises a public office, civil or military, or a franchise within this state or an office in a corporation created by the authority of this state;
(2)a public officer, civil or military, who does or suffers an act that, by the provisions of law, works a forfeiture of office;
(3)an association of persons who act as a corporation within this state without being legally incorporated.