Montana Code 35-8-204. Execution of documents
35-8-204. Execution of documents. (1) Unless otherwise specified in this chapter, a document required by this chapter to be filed with or delivered to the secretary of state must be executed:
Terms Used In Montana Code 35-8-204
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Fiduciary: A trustee, executor, or administrator.
- Manager: means a person who, whether or not a member of a manager-managed company, is vested with authority under 35-8-301. See Montana Code 35-8-102
- Member: means a person who has been admitted to membership in a limited liability company, as provided in 35-8-703, and who has not dissociated from the limited liability company. See Montana Code 35-8-102
- Person: means an individual, a general partnership, a limited partnership, a domestic or foreign limited liability company, a trust, an estate, an association, a corporation, or any other legal or commercial entity. See Montana Code 35-8-102
- Sign: means to identify a record by means of a signature, mark, or other symbol with the intent to authenticate it. 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
- Trustee: A person or institution holding and administering property in trust.
(a)by any manager if management of the limited liability company is vested in one or more managers or by a member if management of the limited liability company is reserved to the members;
(b)if the limited liability company has not been formed, by the person or persons forming the limited liability company; or
(c)if the limited liability company is in the hands of a receiver, trustee, or other court-appointed fiduciary, by that fiduciary.
(2)The person executing the document shall sign it and state, beneath or opposite the signature, the person’s name and the capacity in which the person signs.
(3)The person executing the document may do so as an attorney-in-fact. Powers of attorney relating to the execution of the document do not need to be shown to or filed with the secretary of state.