Montana Code 35-7-111. Resignation of registered agent
35-7-111. Resignation of registered agent. (1) A registered agent may resign at any time with respect to a represented entity by filing with the secretary of state a statement of resignation signed by or on behalf of the agent that states:
Terms Used In Montana Code 35-7-111
- Entity: means a person that has a separate legal existence or has the power to acquire an interest in real property in its own name other than:
(a)an individual;
(b)a testamentary, inter vivos, or charitable trust, with the exception of a business trust, statutory trust, or similar trust;
(c)an association or relationship that is not a partnership by reason of 35-10-202(3) or a similar provision of the law of any other jurisdiction;
(d)a decedent's estate; or
(e)a public corporation, government, governmental subdivision, agency, instrumentality, or quasi-governmental instrumentality. See Montana Code 35-7-102
- Person: means an individual, corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, public corporation, government, governmental subdivision, agency, instrumentality, or any other legal or commercial entity. See Montana Code 35-7-102
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 35-7-102
- Registered agent: means a commercial registered agent or a noncommercial registered agent. See Montana Code 35-7-102
- Represented entity: means :
(a)a domestic filing entity;
(b)a domestic or qualified foreign limited liability partnership that does not have an office in this state;
(c)a qualified foreign entity;
(d)a domestic or foreign unincorporated nonprofit association for which an appointment of agent has been filed;
(e)a domestic entity that is not a filing entity for which an appointment of agent has been filed; or
(f)a nonqualified foreign entity for which an appointment of agent has been filed. See Montana Code 35-7-102
- Service of process: The service of writs or summonses to the appropriate party.
- 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
(a)the name of the entity;
(b)the name of the agent;
(c)that the agent resigns from serving as agent for service of process for the entity; and
(d)the name and address of the person to which the agent will send the notice required by subsection (3).
(2)A statement of resignation takes effect on the earlier of the 31st day after the day on which it is filed or the appointment of a new registered agent for the represented entity.
(3)The registered agent shall promptly furnish the represented entity notice in a record of the date on which a statement of resignation was filed.
(4)When a statement of resignation takes effect, the registered agent ceases to have responsibility for any matter tendered to it as agent for the represented entity. A resignation under this section does not affect any contractual rights the entity has against the agent or that the agent has against the entity.
(5)A registered agent may resign with respect to a represented entity whether or not the entity is in good standing.