35-20-103. (Temporary) Document of incorporation -- contents -- filing. (1) The presiding officer and secretary of the meeting described in 35-20-101 shall within 5 days after the holding of the meeting make a written certificate, which must state:
(a) the names of the associates who attended the meeting;
(b) the corporate name of the association determined by a majority of the persons who met;
(c) the number of persons agreed upon to manage the concerns of the association;
(d) the names of the trustees chosen at the meeting and their classification;
(e) the day of the year identified for the annual election of trustees and the manner of their election.
(2) In addition to provisions required in subsection (1), the document of incorporation may also contain provisions not inconsistent with law regarding liability as set forth in 35-1-216(2)(d).
(3) The certificate must be signed by the presiding officer and secretary and acknowledged by them before some person authorized to take acknowledgments within the state of Montana. They shall cause the acknowledged certificate to be recorded in the office of the county clerk and recorder of the county in which the meeting was held, and a certified copy of the recorded certificate must be filed with the secretary of state of the state of Montana, who shall issue a certificate of filing without charge.
35-20-103. (Effective June 1, 2020) Document of incorporation -- contents -- filing. (1) The presiding officer and secretary of the meeting described in 35-20-101 shall within 5 days after the holding of the meeting make a written certificate, which must state:
(a) the names of the associates who attended the meeting;
(b) the corporate name of the association determined by a majority of the persons who met;
(c) the number of persons agreed upon to manage the concerns of the association;
(d) the names of the trustees chosen at the meeting and their classification;
(e) the day of the year identified for the annual election of trustees and the manner of their election.
(2) In addition to provisions required in subsection (1), the document of incorporation may also contain provisions not inconsistent with law regarding liability as set forth in 35-14-202(2)(d).
(3) The certificate must be signed by the presiding officer and secretary and acknowledged by them before some person authorized to take acknowledgments within the state of Montana. They shall cause the acknowledged certificate to be recorded in the office of the county clerk and recorder of the county in which the meeting was held, and a certified copy of the recorded certificate must be filed with the secretary of state of the state of Montana, who shall issue a certificate of filing without charge.
History: En. Sec. 3, Ch. 18, L. 1905; re-en. Sec. 4239, Rev. C. 1907; re-en. Sec. 6471, R.C.M. 1921; re-en. Sec. 6471, R.C.M. 1935; R.C.M. 1947; 9-103; amd. Sec. 7, Ch. 559, L. 1987; amd. Sec. 212, Ch. 368, L. 1991; amd. Sec. 1343, Ch. 56, L. 2009; amd. Sec. 266, Ch. 271, L. 2019.
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