Montana Code 27-18-410. Corporate stock — service on secretary of state
27-18-410. Corporate stock — service on secretary of state. In addition to the method prescribed in 27-18-409 for attaching stock or shares or interest in the stock of any corporation or company, if the president or other head of the corporation or company or the secretary, cashier, or other managing agent of the corporation or company does not live in or cannot be found in Montana and an affidavit is filed in the office of the clerk of the court in which the action is pending setting forth that the officer or agent does not live in or cannot be found in Montana, the clerk shall make an order directing the writ to be served upon the secretary of state of Montana or, in the secretary of state’s absence, upon the deputy secretary of state. When the order has been made, the writ of attachment must be served upon the secretary of state or deputy secretary of state by leaving with the secretary or the deputy a copy of the writ and a notice that the stock or shares or interest in the stock or shares of the corporation or company belonging to the defendant is attached in pursuance of the writ.
Terms Used In Montana Code 27-18-410
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order in writing issued in the name of the state or of a court or judicial officer. See Montana Code 1-1-202