Mont. Code Ann. » TITLE 35. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS · CHAPTER 1. MONTANA BENEFIT CORPORATION ACT · Part 8. Merger, Consolidation, Share Exchange, and Sale of Assets (Repealed)
Montana Code Annotated

Mont. Code Ann. § 35-1-823 (2026)

Repealed

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 35
  3. CHAPTER 1
  4. Part 8
  5. 35-1-823 Repealed

TITLE 35. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS

CHAPTER 1. MONTANA BENEFIT CORPORATION ACT

Part 8. Merger, Consolidation, Share Exchange, and Sale of Assets (Repealed)

Repealed

35-1-823. Repealed. Secs. 269, 274, Ch. 271, L. 2019.

History: En. Sec. 132, Ch. 368, L. 1991.

Notes of Decisions
Cited in 4 cases, 1998–2014 · leading case: Trifad Ent., Inc. v. Anderson, 2001 MT 227 (Mont. 2001).
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Trifad Ent., Inc. v. Anderson, 2001 MT 227 (Mont. 2001). · cites it 20× “¶2 The following issues are presented on appeal: ¶3 1) Did the District Court err in determining that Trifad’s minority shareholder did not convert Trifad’s property when he sold substantially all of Trifad’s property without obtaining the majority shareholder’s approval…”
Hansen v. 75 Ranch Co., 1998 MT 77 (Mont. 1998). · cites it 6× “¶1 Jennifer Tully Hansen (Jennifer) and Frances Tully Eisenman (Frances) (collectively Minority Shareholders) appeal from the decision of the Fourteenth Judicial District Court, Musselshell County, determining that the Minority Shareholders were equitably estopped from asserting…”
Williams v. McGreevey (In Re Touch Am. Holdings, Inc.), 401 B.R. 107 (Bankr. D. Del. 2009). “for such officers’ and directors’ action taken at the behest of its parent company (Montana Power) prior to February 15,2002? (5) Under Montana law, is a claim by shareholders for breach of duties to provide a shareholder vote and dissenter rights under § 35-1-823, MCA, a direct…”
Wyo-Ben, Inc. v. Bixby, 2014 MT 334 (Mont. 2014). · cites it 2× “The board crafted several resolutions to address the Bixby family’s concerns, including a proposal to amend the articles of incorporation *322 to require an 80% affirmative vote to approve major corporate action instead of the two-thirds vote required by statute, § 35-1-823(5),…”
— Mont. Code Ann. § 35-1-823(5) — 1 case
Wyo-Ben, Inc. v. Bixby, 2014 MT 334 (Mont. 2014). “The board crafted several resolutions to address the Bixby family’s concerns, including a proposal to amend the articles of incorporation *322 to require an 80% affirmative vote to approve major corporate action instead of the two-thirds vote required by statute, § 35-1-823(5),…”
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