Montana Code Annotated 2007

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     35-1-1038. (Temporary) Grounds for revocation. The secretary of state may commence a proceeding under 35-1-1039 to revoke the certificate of authority of a foreign corporation authorized to transact business in this state if:
     (1) the foreign corporation does not deliver its annual report to the secretary of state within 90 days after it is due;
     (2) the foreign corporation does not pay within 90 days after they are due any franchise taxes or penalties imposed by this chapter or other law;
     (3) the foreign corporation is without a registered agent or registered office in this state for 90 days or more;
     (4) the foreign corporation does not inform the secretary of state under 35-1-1033 or 35-1-1036 that its registered agent or registered office has changed, that its registered agent has resigned, or that its registered office has been discontinued within 60 days of the change, resignation, or discontinuance;
     (5) an incorporator, director, officer, or agent of the foreign corporation signed a document the person knew was false in any material respect with the intent that the document be delivered to the secretary of state for filing; or
     (6) the secretary of state receives a duly authenticated certificate from the secretary of state or other official having custody of corporate records in the state or country under whose law the foreign corporation is incorporated stating that it has been dissolved or disappeared as the result of a merger. (Effective October 1, 2008)
     35-1-1038. (Effective October 1, 2008) . Grounds for revocation. The secretary of state may commence a proceeding under 35-1-1039 to revoke the certificate of authority of a foreign corporation authorized to transact business in this state if:
     (1) the foreign corporation does not deliver its annual report to the secretary of state within 90 days after it is due;
     (2) the foreign corporation does not pay within 90 days after they are due any franchise taxes or penalties imposed by this chapter or other law;
     (3) the foreign corporation is without a registered agent in this state for 90 days or more;
     (4) the foreign corporation does not inform the secretary of state by an appropriate filing that its registered agent has changed or resigned within 60 days of the change or resignation;
     (5) an incorporator, director, officer, or agent of the foreign corporation signed a document the person knew was false in any material respect with the intent that the document be delivered to the secretary of state for filing; or
     (6) the secretary of state receives a duly authenticated certificate from the secretary of state or other official having custody of corporate records in the state or country under whose law the foreign corporation is incorporated stating that it has been dissolved or disappeared as the result of a merger.

     History: En. Sec. 170, Ch. 368, L. 1991; amd. Sec. 30, Ch. 240, L. 2007.

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