Montana Code 35-7-106. Listing of commercial registered agent
35-7-106. Listing of commercial registered agent. (1) An individual or a domestic or foreign entity may become listed as a commercial registered agent by filing with the secretary of state a commercial registered agent listing statement signed by or on behalf of the person that states:
Terms Used In Montana Code 35-7-106
- Commercial registered agent: means an individual or a domestic or foreign entity listed under 35-7-106. See Montana Code 35-7-102
- Entity: means a person that has a separate legal existence or has the power to acquire an interest in real property in its own name other than:
(a)an individual;
(b)a testamentary, inter vivos, or charitable trust, with the exception of a business trust, statutory trust, or similar trust;
(c)an association or relationship that is not a partnership by reason of 35-10-202(3) or a similar provision of the law of any other jurisdiction;
(d)a decedent's estate; or
(e)a public corporation, government, governmental subdivision, agency, instrumentality, or quasi-governmental instrumentality. See Montana Code 35-7-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, public corporation, government, governmental subdivision, agency, instrumentality, or any other legal or commercial entity. See Montana Code 35-7-102
- Registered agent: means a commercial registered agent or a noncommercial registered agent. See Montana Code 35-7-102
- Registered agent filing: means :
(a)the public organic document of a domestic filing entity;
(b)a nonresident LLP statement;
(c)a foreign qualification document; or
(d)an appointment of agent. See Montana Code 35-7-102
- Service of process: The service of writs or summonses to the appropriate party.
- 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
(a)the name of the individual or the name, type, and jurisdiction of organization of the entity;
(b)that the person is in the business of serving as a commercial registered agent in this state; and
(c)the address of a place of business of the person in this state to which service of process and other notice and documents being served on or sent to entities represented by it may be delivered.
(2)If the name of a person filing a commercial registered agent listing statement is not distinguishable on the records of the secretary of state from the name of another commercial registered agent listed under this section, the person shall adopt a fictitious name that is distinguishable and use that name in its statement and when it does business in this state as a commercial registered agent.
(3)A commercial registered agent listing statement takes effect on filing.
(4)The secretary of state shall note the filing of the commercial registered agent listing statement in the index of filings maintained by the secretary of state for each entity represented by the registered agent at the time of the filing. The statement has the effect of deleting the address of the registered agent from the registered agent filing of each of those entities.