35-2-306. Reserved name. (1) A person may reserve the exclusive use of a corporate name, including a fictitious name for a foreign corporation whose corporate name is not available, by delivering an application to the secretary of state for filing. Upon finding that the corporate name applied for is available, the secretary of state shall reserve the name for the applicant’s exclusive use for a nonrenewable 120-day period.

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Terms Used In Montana Code 35-2-306

  • filing: means filed in the office of the secretary of state. See Montana Code 35-2-114
  • Notice: means that term as described in 35-2-115. See Montana Code 35-2-114
  • Person: includes any individual or entity. See Montana Code 35-2-114
  • Secretary: means the corporate officer to whom the board of directors has delegated responsibility under 35-2-439(2) for custody of the minutes of the directors' and members' meetings and for authenticating the records of the corporation. See Montana Code 35-2-114
  • signed: means , with present intent to authenticate or adopt a record:

    (a)to execute or adopt a tangible symbol; or

    (b)to attach to or logically associate with the record an electronic sound, symbol, or process. See Montana Code 35-2-114

  • 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)The owner of a reserved corporate name may transfer the reservation to another person by delivering to the secretary of state a signed notice of the transfer that states the name and address of the transferee.