Montana Code 35-8-1013. Appeal from revocation
35-8-1013. Appeal from revocation. (1) A foreign limited liability company may appeal the secretary of state‘s revocation of its certificate of authority to the district court within 30 days after service of the certificate of revocation is mailed. The foreign limited liability company may appeal by petitioning the court to set aside the revocation and by attaching to the petition copies of its certificate of authority and the secretary of state’s certificate of revocation.
Terms Used In Montana Code 35-8-1013
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Court: includes every court having jurisdiction in the case. See Montana Code 35-8-102
- Foreign limited liability company: means an entity that is:
(a)an unincorporated entity;
(b)organized under a law other than the law of this state, including the laws of a federally recognized Indian tribe;
(c)organized under a statute pursuant to which an entity may be formed that affords to each of its members limited liability with respect to the liabilities of the entity; and
(d)not required to be registered or organized under any statute of this state other than this chapter. See Montana Code 35-8-102
- State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Montana Code 35-8-102
(2)The court may summarily order the secretary of state to reinstate the certificate of authority or may take any other action the court considers appropriate.
(3)The court’s final decision may be appealed as in other civil proceedings.