Montana Code 35-12-1309. Activities not constituting transacting business
35-12-1309. Activities not constituting transacting business. (1) Activities of a foreign limited partnership that do not constitute transacting business in this state within the meaning of 35-12-1309 through 35-12-1313 include:
Terms Used In Montana Code 35-12-1309
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Personal property: All property that is not real property.
- Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
- Property: means real and personal property. See Montana Code 1-1-205
- 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)maintaining, defending, and settling an action or proceeding;
(b)holding meetings of its partners or carrying on any other activity concerning its internal affairs;
(c)maintaining accounts in financial institutions;
(d)maintaining offices or agencies for the transfer, exchange, and registration of the foreign limited partnership’s own securities or maintaining trustees or depositories with respect to those securities;
(e)selling through independent contractors;
(f)soliciting or obtaining orders, whether by mail or electronic means or through employees or agents or otherwise if the orders require acceptance outside this state before they become contracts;
(g)creating or acquiring indebtedness, mortgages, or security interests in real or personal property;
(h)securing or collecting debts or enforcing mortgages or other security interests in property securing the debts and holding, protecting, and maintaining property so acquired;
(i)conducting an isolated transaction that is completed within 30 days and is not one in the course of similar transactions of a like manner; and
(j)transacting business in interstate commerce.
(2)For purposes of 35-12-1309 through 35-12-1313, the ownership in this state of income-producing real property or tangible personal property, other than property excluded under subsection (1), constitutes transacting business in this state.
(3)This section does not apply in determining the contacts or activities that may subject a foreign limited partnership to service of process, taxation, or regulation under any other law of this state.