35-6-104. Involuntary dissolution -- procedure. (1) On or before September 1 of each year, the secretary of state shall compile a list of defaulting corporations, together with the amount of any filing fee, penalty, or costs remaining unpaid.
(2) The secretary of state shall give notice to the defaulting corporations by:
(a) delivering a letter addressed to the corporation in care of its registered agent or any director or officer; or
(b) publication of a general notice to all Montana corporations once a month for 3 consecutive months in a newspaper of general circulation in Lewis and Clark County.
(3) The notice referred to in subsection (2) shall specify the fact of the proposed dissolution and state that unless the grounds for dissolution described in 35-6-102 have been rectified within 90 days following the delivery or publication of notice:
(a) the secretary of state will dissolve defaulting corporations;
(b) defaulting corporations will forfeit the amount of any tax, penalty, or costs to the state of Montana; and
(c) defaulting corporations will forfeit their rights to carry on business within the state.
(4) After 90 days following delivery or publication of each notice, the secretary of state may, by order, dissolve all corporations which have not satisfied the requirements of applicable law and compile a full and complete list containing the names of all corporations that have been so dissolved. The secretary of state shall immediately give notice to the dissolved corporation as specified in subsection (2).
(5) In the case of involuntary dissolution, all the property and assets of the dissolved corporation must be held in trust by the directors of the corporation and [35-1-938 through 35-1-943 or] 35-2-729[, whichever is appropriate,] is applicable to liquidate the property and assets if necessary. (Bracketed language in subsection (5) deleted effective June 1, 2020--sec. 274, Ch. 271, L. 2019.)
History: En. 15-2703 by Sec. 3, Ch. 455, L. 1977; R.C.M. 1947, 15-2703; amd. Sec. 4, Ch. 78, L. 1979; amd. Secs. 183, 195, Ch. 368, L. 1991; amd. Sec. 171, Ch. 411, L. 1991; amd. Sec. 6, Ch. 23, L. 2017; amd. Sec. 249, Ch. 271, L. 2019.
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