35-7-107. Termination of listing of commercial registered agent. (1) A commercial registered agent may terminate its listing as a commercial registered agent by filing with the secretary of state a commercial registered agent termination statement signed by or on behalf of the agent that states:

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Terms Used In Montana Code 35-7-107

  • 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

  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 35-7-102
  • Registered agent: means a commercial registered agent or a noncommercial registered 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

  • 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)the name of the agent as currently listed under 35-7-106; and

(b)that the agent is no longer in the business of serving as a commercial registered agent in this state.

(2)A commercial registered agent termination statement takes effect on the 31st day after the day on which it is filed.

(3)The commercial registered agent shall promptly furnish each entity represented by it with notice in a record of the filing of the commercial registered agent termination statement.

(4)When a commercial registered agent termination statement takes effect, the registered agent ceases to be an agent for service of process on each entity formerly represented by it. Until an entity formerly represented by a terminated commercial registered agent appoints a new registered agent, service of process may be made on the entity as provided in 35-7-113. Termination of the listing of a commercial registered agent under this section does not affect any contractual rights a represented entity may have against the agent or that the agent may have against the entity.