35-9-101. Short title. This chapter shall be known and may be cited as the "Montana Close Corporation Act".
Montana Code Annotated
Mont. Code Ann. § 35-9-101 (2026)
Short Title
✓ current as of May 2026
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TITLE 35. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS
CHAPTER 9. MONTANA CLOSE CORPORATION ACT
Part 1. General
Short Title
History: En. Sec. 1, Ch. 432, L. 1987.
Notes of Decisions
Cited in 4
cases, 1990–2016 · leading case: Daniels v. Thomas, Dean & Hoskins, Inc., 804 P.2d 359 (Mont. 1990).
Daniels v. Thomas, Dean & Hoskins, Inc., 804 P.2d 359 (Mont. 1990). “T & D Properties is a closely held corporation but has not elected to become a statutory close corporation under the Montana Close Corporation Act, § 35-9-101 et seq., MCA. Therefore, Daniels' claims are governed by the provisions of the Montana Business Corporation Act, §…”
Peschel Fam. Trust v. Colonna, 2003 MT 216 (Mont. 2003). “We recognize that the corporation in this case was solely owned and run by Colonna, he was the only person authorized to make corporate decisions, and that some deviation from traditional corporate formality might be permitted, even though no election was made to make the…”
Junkermier, Clark, Campanella, Stevens, P.C. v. Alborn, Uithoven, Riekenberg, P.C., 2016 MT 218 (Mont. 2016). “Furthermore, Former Shareholders contend, the District Court did not err in determining that Bateson did not breach a fiduciary duty as a director because, as the court found, he resigned as director in early June and his actions before his resignation were in good faith.”
Warren v. Campbell Farming Corp., 2011 MT 325 (Mont. 2011). “*194 ¶10 Campbell is a “closely-held” corporation, but did not elect to become a statutory close corporation under the Montana Close Corporation Act, §§ 35-9-101 et seq., MCA. Therefore, the certified questions must be analyzed under the Montana Business Corporation Act (MBCA).”
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