Montana Code 35-7-113. Service of process on entities
35-7-113. Service of process on entities. (1) A registered agent is an agent of the represented entity authorized to receive service of any process, notice, or demand required or permitted by law to be served on the entity.
Terms Used In Montana Code 35-7-113
- 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
- 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
- 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
(2)If an entity that previously filed a registered agent filing with the secretary of state no longer has a registered agent or if its registered agent cannot with reasonable diligence be served, the entity may be served in accordance with any applicable judicial rules and procedures.
(3)Service of process, notice, or demand on a registered agent must be in the form of a written document.
(4)Service of process, notice, or demand may be perfected by any other means prescribed by law other than this chapter.