35-18-302. Nonliability of members, trustees, and officers for debts of cooperative. (1) The private property of the members of a cooperative is exempt from execution for the debts of the cooperative, and a member is not liable or responsible for any debts or obligations of the cooperative.
(2) A trustee or officer of a cooperative or acting for a cooperative is not personally liable to the cooperative or its members for any actions taken or a failure to take action as a trustee or officer unless:
(a) the trustee or officer fails to perform the trustee's or officer's responsibilities, including those provided in 35-18-325 and 35-18-326; and
(b) the failure to perform constitutes willful misconduct or recklessness.
History: En. Sec. 22, Ch. 172, L. 1939; R.C.M. 1947, 14-522; amd. Sec. 10, Ch. 173, L. 2001.
Structure Montana Code Annotated
Title 35. Corporations, Partnerships, and Associations
Chapter 18. Rural Cooperative Utilities
Part 3. Operation -- Members, Trustees, and Officers
35-18-302. Nonliability of members, trustees, and officers for debts of cooperative
35-18-303. Meetings of members -- general and special -- place -- notice -- quorum -- voting
35-18-304. Initiative by members -- approval of trustees not required
35-18-305. through 35-18-310 reserved
35-18-312. Trustees -- term -- quorum -- powers
35-18-315. Authority to take acknowledgments -- officer, trustee, or member
35-18-317. Disposition or encumbrance of property
35-18-318. Long-term indebtedness -- membership approval and review -- cooperative requirements
35-18-319. through 35-18-324 reserved
35-18-325. Duties of trustees and officers
35-18-326. Trustee or officer conflict of interest
35-18-328. Authority to indemnify
35-18-329. Mandatory indemnification
35-18-330. Court-ordered indemnification
35-18-331. Determination and authorization of indemnification