35-2-430. Waiver of notice. (1) A director may at any time waive a notice required by this chapter, the articles, or bylaws. Except as provided in subsection (2), the waiver must be in writing, be signed by the director entitled to the notice, and be filed with the minutes or the corporate records.

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Terms Used In Montana Code 35-2-430

  • articles: include amended and restated articles of incorporation and articles of merger. See Montana Code 35-2-114
  • Bylaws: means the code, codes, or rules, other than the articles, adopted pursuant to this chapter for the regulation or management of the affairs of the corporation, regardless of the name or names by which the code, codes, or rules are designated. See Montana Code 35-2-114
  • in writing: means :

    (a)with respect to internal communications, any record in tangible or electronic form or any form allowed under Title 30, chapter 18, part 1; and

    (b)with respect to external communications, tangible records or any form authorized by the external party. See Montana Code 35-2-114

  • Notice: means that term as described in 35-2-115. 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

(2)A director’s attendance at or participation in a meeting waives any required notice of the meeting unless the director, upon arriving at the meeting or prior to the vote on a matter not noticed in conformity with this chapter, the articles, or bylaws, objects to lack of notice and does not vote for or assent to that action.