35-18-327. Definitions. As used in 35-18-327 through 35-18-333, the following definitions apply:
(1) "Liability" means the obligation to pay a judgment, settlement, penalty, or fine, including an excise tax assessed with respect to an employee benefit plan, or to pay reasonable expenses incurred with respect to a proceeding.
(2) (a) "Official capacity" means the office of trustee or officer in a cooperative.
(b) The term does not include service for any other domestic cooperative or any partnership, joint venture, trust, or other enterprise.
(3) "Party" includes an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding.
(4) "Proceeding" means any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative and whether formal or informal.
(5) (a) "Trustee or officer" means an individual who is or was a trustee or officer of a cooperative or an individual who, while a trustee or officer of a cooperative, is or was serving at the cooperative's request as a director, officer, partner, trustee, employee, or agent of another domestic cooperative, partnership, joint venture, trust, or other enterprise.
(b) The term includes, unless the context requires otherwise, the estate or personal representative of a trustee or officer.
History: En. Sec. 3, 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