Montana Code Annotated
Part 7. Shareholders
35-14-742. Demand

35-14-742. Demand. A shareholder may not commence a derivative proceeding until:
(1) a written demand has been made on the corporation to take suitable action; and
(2) 90 days have expired from the date delivery of the demand was made unless the shareholder has earlier been notified that the demand has been rejected by the corporation or unless irreparable injury to the corporation would result by waiting for the expiration of the 90-day period.
History: En. Sec. 85, Ch. 271, L. 2019.

Structure Montana Code Annotated

Montana Code Annotated

Title 35. Corporations, Partnerships, and Associations

Chapter 14. Montana Business Corporation Act

Part 7. Shareholders

35-14-701. Annual meeting

35-14-702. Special meeting

35-14-703. Court-ordered meeting

35-14-704. Action without meeting

35-14-705. Notice of meeting

35-14-706. Waiver of notice

35-14-707. Record date for meeting

35-14-708. Conduct of 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

35-14-722. Proxies

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

35-14-730. Voting trusts

35-14-731. Voting agreements

35-14-732. Shareholder agreements

35-14-733. through 35-14-739 reserved

35-14-740. Definitions -- derivative proceedings

35-14-741. Standing

35-14-742. Demand

35-14-743. Stay of proceedings

35-14-744. Dismissal

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