Montana Code 35-14-128. Certificate of existence or registration
35-14-128. Certificate of existence or registration. (1) Any person may apply to the secretary of state to furnish a certificate of existence for a domestic corporation or a certificate of registration for a foreign corporation.
Terms Used In Montana Code 35-14-128
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
(2)A certificate of existence sets forth:
(a)the domestic corporation’s corporate name;
(b)that the domestic corporation is duly incorporated under the law of this state, the date of its incorporation, and the period of its duration if less than perpetual;
(c)that all fees, taxes, and penalties owed to this state have been paid if:
(i)payment is reflected in the records of the secretary of state; and
(ii)nonpayment affects the existence of the domestic corporation;
(d)that its most recent annual report required by 35-14-1621 has been filed with the secretary of state;
(e)that articles of dissolution have not been filed;
(f)that the corporation is not administratively dissolved and a proceeding is not pending under 35-14-1421; and
(g)other facts of record in the office of the secretary of state that may be requested by the applicant.
(3)A certificate of registration sets forth:
(a)the foreign corporation’s name used in this state;
(b)that the foreign corporation is registered to do business in this state;
(c)that all fees, taxes, and penalties owed to this state have been paid if:
(i)payment is reflected in the records of the secretary of state; and
(ii)nonpayment affects the registration of the foreign corporation;
(d)that its most recent annual report required by 35-14-1621 has been filed with the secretary of state; and
(e)other facts of record in the office of the secretary of state that may be requested by the applicant.
(4)Subject to any qualification stated in the certificate, a certificate of existence or registration issued by the secretary of state may be relied on as conclusive evidence of the facts stated in the certificate.