35-7-105. Appointment of registered agent. (1) A registered agent filing must state:

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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.