Montana Code 35-2-122. Correcting filed document
35-2-122. Correcting filed document. (1) A domestic or foreign corporation may correct a document filed by the secretary of state if the document:
Terms Used In Montana Code 35-2-122
- articles: include amended and restated articles of incorporation and articles of merger. See Montana Code 35-2-114
- filing: means filed in the office of the secretary of state. See Montana Code 35-2-114
- Secretary: means the corporate officer to whom the board of directors has delegated responsibility under 35-2-439(2) for custody of the minutes of the directors' and members' meetings and for authenticating the records of the corporation. See Montana Code 35-2-114
- 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)contains an incorrect statement; or
(b)was defectively executed, attested, sealed, verified, or acknowledged.
(2)A document is corrected:
(a)by preparing articles of correction that:
(i)describe the document, including its filing date, or have attached a copy of the document;
(ii)specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective; and
(iii)correct the incorrect statement or defective execution; and
(b)by delivering the articles of correction to the secretary of state.
(3)Articles of correction are effective on the effective date of the document they correct except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed.