Montana Code 35-7-112. Appointment of agent by nonfiling or nonqualified foreign entity
35-7-112. Appointment of agent by nonfiling or nonqualified foreign entity. (1) A domestic entity that is not a filing entity or a nonqualified foreign entity may file with the secretary of state a statement appointing an agent for service of process signed on behalf of the entity that states:
Terms Used In Montana Code 35-7-112
- Domestic entity: means an entity whose internal affairs are governed by the law of this state. See Montana Code 35-7-102
- 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
- Filing entity: means an entity that is created by the filing of a public organic document. See Montana Code 35-7-102
- Foreign entity: means an entity other than a domestic entity. See Montana Code 35-7-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nonqualified foreign entity: means a foreign entity that is not authorized to transact business in this state pursuant to a filing with the secretary of state. See Montana Code 35-7-102
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Qualified foreign entity: means a foreign entity that is authorized to transact business in this state pursuant to a filing with the secretary of state. See Montana Code 35-7-102
- Registered agent: means a commercial registered agent or a noncommercial registered agent. 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, type, and jurisdiction of organization of the entity; and
(b)the information required by 35-7-105(1).
(2)A statement appointing an agent for service of process takes effect on filing.
(3)The appointment of a registered agent under this section does not qualify a nonqualified foreign entity to do business in this state and is not sufficient alone to create personal jurisdiction over the nonqualified foreign entity in this state.
(4)A statement appointing an agent for service of process may not be rejected for filing because the name of the entity filing the statement is not distinguishable on the records of the secretary of state from the name of another entity appearing in those records. The filing of a statement appointing an agent for service of process does not make the name of the entity filing the statement unavailable for use by another entity.
(5)An entity that has filed a statement appointing an agent for service of process may cancel the statement by filing a statement of cancellation, which takes effect upon filing, and must state the name of the entity and that the entity is canceling its appointment of an agent for service of process in this state. A statement appointing an agent for service of process that has not been canceled earlier is effective for a period of 5 years after the date of filing.
(6)A statement appointing an agent for service of process for a nonqualified foreign entity terminates automatically on the date the entity becomes a qualified foreign entity.