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44.5.111    FORMS

(1) The following shall be the official mandatory forms as prescribed by the Secretary of State. The forms are available at the Secretary of State's office, State Capitol, Room 260, P.O. Box 202801, Helena, Montana 59620-2801 or can be downloaded from http://sos.mt.gov/BSB/Business_Forms.asp.

(a) Application for certificate of authority of foreign profit or nonprofit corporation shall contain the following information:

(i) the name of the corporation and the known in Montana name if it is different than the name of the corporation;

(ii) if the name is not acceptable, the corporation must adopt an assumed business name for use in Montana;

(iii) the state in which the corporation was incorporated;

(iv) the date of incorporation and the period of duration;

(v) the address of the principal office in the state of jurisdiction;

(vi) the address of the registered agent in Montana and the name of the registered agent;

(vii) the names and addresses of the directors and officers of the corporation;

(viii) the purpose for which the corporation is transacting business in the state of Montana;

(ix) if the corporation is a nonprofit corporation, does it have any members;

(x) if the corporation is a nonprofit corporation, which type of corporation it elects to be:

(A) public benefit;

(B) mutual benefit; or

(C) religious corporation.

(b) Application for amended certificate of authority of foreign corporation shall contain the following information:

(i) the name of the corporation the certificate of authority was issued to;

(ii) the name of the corporation if the name has been changed;

(iii) the period of the corporation's duration;

(iv) the state or country of its incorporation.

(c) Application for withdrawal of a foreign profit corporation shall contain the following information:

(i) the name of the corporation;

(ii) the state of jurisdiction;

(iii) the corporation is not transacting business and surrenders its certificate of authority;

(iv) the corporation revokes the authority of its registered agent in Montana to accept service of process on its behalf and appoints the Secretary of State as its agent for service of process in any proceeding based on a cause of action during the time it was authorized to transact business in this state;

(v) the mailing address to which the Secretary of State may mail a copy of any process served on the Secretary of State;

(vi) an assurance the corporation will notify the Secretary of State of any change of its mailing address;

(vii) all taxes imposed on the corporation by Title 15, MCA, have been paid, supported by a certificate by the Department of Revenue to be attached to the application to the effect that the department is satisfied from the available evidence that all taxes imposed have been paid.

(d) Application for withdrawal of a foreign nonprofit corporation shall contain the following information:

(i) the name of the corporation;

(ii) the state of jurisdiction;

(iii) the corporation is not transacting business and surrenders its authority to transact business in this state;

(iv) the corporation revokes the authority of its registered agent in Montana to accept service of process on its behalf and appoints the Secretary of State as its agent for service of process in any proceeding based on a cause of action arising during the time it was authorized to transact business in this state;

(v) the mailing address to which the Secretary of State may mail a copy of any process served on the Secretary of State;

(vi) an assurance the corporation will notify the Secretary of State of any change of its mailing address.

(e) Montana annual corporate report form shall contain the following information:

(i) the state of incorporation;

(ii) address of principal office in state of incorporation;

(iii) brief description of business in which corporation is actually engaged;

(iv) name of corporation;

(v) registered agent;

(vi) registered office address;

(vii) officers and their addresses;

(viii) directors and their addresses;

(ix) shares;

(x) shareholders' names, addresses, and number of shares for professional service corporations only;

(xi) whether or not the corporation has members.

History: 35-1-1307, MCA; IMP, 35-1-1308, MCA; NEW, 1992 MAR p. 58, Eff. 1/17/92; AMD, 2001 MAR p. 2472, Eff. 1/1/02; AMD, 2008 MAR p. 2056, Eff. 10/1/08.

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