35-14-150. Effect of ratification. From and after the validation effective time and without regard to the 120-day period during which a claim may be brought under 35-14-152:
(1) each defective corporate action ratified in accordance with 35-14-147 may not be void or voidable as a result of the failure of authorization identified in the action taken under 35-14-147(1) or (2) and is considered a valid corporate action effective as of the date of the defective corporate action;
(2) the issuance of each putative share or fraction of a putative share purportedly issued pursuant to a defective corporate action identified in the action taken under 35-14-147 may not be void or voidable, and such putative share or fraction of a putative share is considered an identical share or fraction of a valid share as of the time it was purportedly issued; and
(3) any corporate action taken subsequent to the defective corporate action ratified in accordance with 35-14-145 through 35-14-152 in reliance on the defective corporate action having been validly effected and any subsequent defective corporate action resulting directly or indirectly from the original defective corporate action are valid as of the time taken.
History: En. Sec. 24, Ch. 271, L. 2019.
Structure Montana Code Annotated
Title 35. Corporations, Partnerships, and Associations
Chapter 14. Montana Business Corporation Act
35-14-102. Reservation of power to amend or repeal
35-14-103. through 35-14-119 reserved
35-14-120. Requirements for documents -- extrinsic facts
35-14-122. Filing -- service -- copying fees
35-14-123. Effective date -- filed document
35-14-124. Correcting filed document
35-14-125. Filing duty -- secretary of state
35-14-126. Appeal from secretary of state -- refusal to file document
35-14-127. Evidentiary effect -- certified copy of filed document
35-14-128. Certificate of existence or registration
35-14-129. Penalty -- signing false document
35-14-131. through 35-14-139 reserved
35-14-140. General definitions
35-14-141. Notices and other communications
35-14-142. Number of shareholders
35-14-145. Definitions -- ratification of defective corporate actions
35-14-146. Defective corporate actions
35-14-147. Ratification -- defective corporate actions
35-14-148. Action on ratification
35-14-149. Notice requirements
35-14-150. Effect of ratification
35-14-152. Judicial proceedings -- validity of corporate actions