Montana Code 35-8-103. Name
35-8-103. Name. (1) (a) The name of each limited liability company as set forth in its articles of organization must contain the words “limited liability company” or “limited company” or the abbreviations “l.l.c.”, “l.c.”, “llc”, or “lc”. The word “limited” may be abbreviated as “ltd.”, and the word “company” may be abbreviated as “co.”.
Terms Used In Montana Code 35-8-103
- Articles of organization: means articles filed pursuant to 35-8-201 and those articles as amended or restated. See Montana Code 35-8-102
- Business: includes every trade, occupation, profession, or other lawful purpose, whether or not carried on for profit. See Montana Code 35-8-102
- Corporation: means a corporation formed under the laws of this state or a foreign corporation. See Montana Code 35-8-102
- 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.
- 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
- Foreign limited partnership: means a limited partnership formed under a law other than the law of this state, including the laws of a federally recognized Indian tribe. See Montana Code 35-8-102
- Limited partnership: means a limited partnership formed under the laws of this state or a foreign limited partnership. See Montana Code 35-8-102
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- 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
(b)The name of a limited liability company as set forth in its articles of organization may not contain business name identifiers, as defined in 30-13-201, or other language that states or implies that the limited liability company is a business other than a limited liability company.
(2)A limited liability company name must be distinguishable on the records of the secretary of state from:
(a)the name of any business corporation, nonprofit corporation, limited partnership, or limited liability company organized or reserved under the laws of this state;
(b)the name of any foreign business corporation, foreign nonprofit corporation, foreign limited partnership, or foreign limited liability company registered or qualified to do business in this state;
(c)any assumed business name, limited partnership name, trademark, service mark, or other name registered or reserved with the secretary of state; and
(d)the corporate name of a domestic corporation that has dissolved but only for a period of 120 days after the effective date of its dissolution.
(3)The use of the name of a limited liability company by another limited liability company or limited partnership is governed by 35-14-401.
(4)Contests over names registered under this section are governed by 35-14-401.