Montana Code 35-7-108. Change of registered agent by entity
35-7-108. Change of registered agent by entity. (1) A represented entity may change the information currently on file under 35-7-105(1) by filing with the secretary of state a statement of change signed on behalf of the entity that states:
Terms Used In Montana Code 35-7-108
- Domestic entity: means an entity whose internal affairs are governed by the law of this state. 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
- Interest: means :
(a)a governance interest in an unincorporated entity;
(b)a transferable interest in an unincorporated entity; or
(c)a share or membership in a corporation. See Montana Code 35-7-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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 entity; and
(b)the information that is to be in effect as a result of the filing of the statement of change.
(2)The interest holders or governors of a domestic entity need not approve the filing of:
(a)a statement of change under this section; or
(b)a similar filing changing the registered agent or registered office of the entity in any other jurisdiction.
(3)The appointment of a registered agent pursuant to subsection (1) is an affirmation by the represented entity that the agent has consented to serve as a registered agent.
(4)A statement of change filed under this section takes effect on filing.
(5)As an alternative to using the procedures in this section, a represented entity may change the information currently on file under 35-7-105(1) by amending its most recent registered agent filing in the manner provided by the laws of this state other than this chapter for amending that filing.