35-14-705. Notice of meeting. (1) A corporation shall notify shareholders of the date, time, and place, if any, of each annual and special shareholders' meeting no fewer than 10 or more than 60 days before the meeting date. If the board of directors has authorized participation by means of remote communication pursuant to 35-14-709 for holders of any class or series of shares, the notice to the holders of that class or series of shares must describe the means of remote communication to be used. The notice must include the record date for determining the shareholders entitled to vote at the meeting if that date is different from the record date for determining shareholders entitled to notice of the meeting. Unless this chapter or the articles of incorporation require otherwise, the corporation is required to give notice only to shareholders entitled to vote at the meeting as of the record date for determining the shareholders entitled to notice of the meeting.
(2) Unless this chapter or the articles of incorporation require otherwise, the notice of an annual meeting of shareholders need not include a description of the purpose or purposes for which the meeting is called.
(3) Notice of a special meeting of shareholders must include a description of the purpose or purposes for which the meeting is called.
(4) If not otherwise fixed under 35-14-703 or 35-14-707, the record date for determining shareholders entitled to notice of and to vote at an annual or special shareholders' meeting is the day before the first notice is delivered to shareholders.
(5) Unless the bylaws require otherwise, if an annual or special shareholders' meeting is adjourned to a different date, time, or place, if any, notice need not be given of the new date, time, or place, if any, if the new date, time, or place, if any, is announced at the meeting before adjournment. If a new record date for the adjourned meeting is or must be fixed under 35-14-707, however, notice of the adjourned meeting must be given under this section to shareholders entitled to vote at the adjourned meeting as of the record date fixed for notice of the adjourned meeting.
History: En. Sec. 65, Ch. 271, L. 2019; amd. Sec. 4, Ch. 34, L. 2021.
Structure Montana Code Annotated
Title 35. Corporations, Partnerships, and Associations
Chapter 14. Montana Business Corporation Act
35-14-703. Court-ordered meeting
35-14-704. Action without meeting
35-14-707. Record date for meeting
35-14-709. Remote participation -- shareholder's meetings
35-14-710. through 35-14-719 reserved
35-14-720. Shareholders' list for meeting
35-14-721. Voting entitlements of shares
35-14-723. Shares held by intermediaries and nominees
35-14-724. Acceptance of votes -- other instruments
35-14-725. Quorum and voting requirements -- voting groups
35-14-726. Action by single and multiple voting groups
35-14-727. Modifying quorum or voting requirements
35-14-728. Voting for directors -- cumulative voting
35-14-729. Inspectors of election
35-14-732. Shareholder agreements
35-14-733. through 35-14-739 reserved
35-14-740. Definitions -- derivative proceedings
35-14-743. Stay of proceedings
35-14-745. Discontinuance -- settlement
35-14-746. Payment of expenses
35-14-747. Applicability to foreign corporations
35-14-748. Shareholder action to appoint custodian or receiver
35-14-749. Judicial determination -- corporate offices -- review of elections and shareholder votes