35-12-605. Signing and filing pursuant to judicial order. (1) If a person required by this chapter to sign a record or deliver a record to the secretary of state for filing does not do so, any other person that is aggrieved may petition the district court to order:
(a) the person to sign the record;
(b) the person to deliver the record to the secretary of state for filing; or
(c) the secretary of state to file the record unsigned.
(2) If the person aggrieved under subsection (1) is not the limited partnership or foreign limited partnership to which the record pertains, the aggrieved person shall make the limited partnership or foreign limited partnership a party to the action. A person aggrieved under subsection (1) may seek the remedies provided in subsection (1) in the same action in combination or in the alternative.
(3) A record filed unsigned pursuant to this section is effective without being signed.
History: En. Sec. 15, Ch. 522, L. 1981; amd. Sec. 11, Ch. 268, L. 1997; amd. Sec. 19, Ch. 216, L. 2011.
Structure Montana Code Annotated
Title 35. Corporations, Partnerships, and Associations
Chapter 12. Limited Partnerships
Part 6. Formation -- Certificate of Limited Partnership
35-12-601. Formation of limited partnership -- certificate of limited partnership
35-12-602. Amendments or restatement of certificate
35-12-603. Statement of cancellation
35-12-605. Signing and filing pursuant to judicial order
35-12-607. Liability for false statement in certificate
35-12-610. Term and renewal of certification
35-12-611. Application for renewal of certification
35-12-612. Filing of application for renewal of certification -- issuance of certificate
35-12-613. Involuntary cancellation of certificate
35-12-614. Delivery to and filing of records by secretary of state -- effective time and date
35-12-615. Filing of facsimile copy
35-12-616. Correcting filed record
35-12-617. Certificate of fact
35-12-620. Reinstatement following cancellation for failure to renew