Montana Code 35-8-215. Correcting filed record
35-8-215. Correcting filed record. (1) A limited liability company or foreign limited liability company may correct a record filed by the secretary of state if the record contains a false or erroneous statement or was defectively signed.
Terms Used In Montana Code 35-8-215
- 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
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is recoverable in a perceivable form. 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)A record must be corrected by:
(a)preparing articles of correction that:
(i)describe the record, including its filing date, or have attached a copy of the record to the articles of correction;
(ii)specify the incorrect statement and the reason that it is incorrect or the manner in which the signing was defective; and
(iii)correct the incorrect statement or defective signing; and
(b)delivering the corrected record to the secretary of state for filing.
(3)Articles of correction are effective retroactively on the effective date of the record that they correct except as to persons relying on the uncorrected record and adversely affected by the correction. As to those persons, the articles of correction are effective when filed.