Montana Code 35-7-105. Appointment of registered agent
35-7-105. Appointment of registered agent. (1) A registered agent filing must state:
Terms Used In Montana Code 35-7-105
- 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
- Noncommercial registered agent: means a person that is not listed as a commercial registered agent under 35-7-106 and that is an individual or a domestic or foreign entity that serves in this state as the agent for service of process of an 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
- Represented entity: means :
(a)a domestic filing entity;
(b)a domestic or qualified foreign limited liability partnership that does not have an office in this state;
(c)a qualified foreign entity;
(d)a domestic or foreign unincorporated nonprofit association for which an appointment of agent has been filed;
(e)a domestic entity that is not a filing entity for which an appointment of agent has been filed; or
(f)a nonqualified foreign entity for which an appointment of agent has been filed. See Montana Code 35-7-102
- 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 represented entity‘s commercial registered agent; or
(b)if the entity does not have a commercial registered agent, the name and address of the entity’s noncommercial registered agent.
(2)The appointment of a registered agent pursuant to subsection (1)(a) or (1)(b) is an affirmation by the represented entity that the agent has consented to serve as a registered agent.
(3)The secretary of state shall notify the registered agent as soon as practicable of filings that contain the name of the registered agent. The list must:
(a)be available for at least 14 calendar days; and
(b)state the type of filing and name of the represented entity making the filing.