35-8-411. Continuation of term company after expiration of specified term. (1) If a term company is continued after the expiration of the specified term, the rights and duties of the members and managers remain the same as they were at the expiration of the term except to the extent inconsistent with rights and duties of members and managers of an at-will company.

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Terms Used In Montana Code 35-8-411

  • At-will company: means a limited liability company other than a term company. 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
  • Term company: means a limited liability company designated as a term company in its articles of organization. See Montana Code 35-8-102

(2)If the members in a member-managed term company or the managers in a manager-managed term company continue the business without any winding up of the business of the company, it continues as an at-will company.