35-18-333. Application. (1) A provision treating a cooperative's indemnification of trustees or officers that is contained in its articles of incorporation, its bylaws, a resolution of its shareholders or board of directors, a contract, or other instrument is valid only if and to the extent that the provision is consistent with 35-18-327 through 35-18-333. If articles of incorporation limit indemnification, indemnification is valid only to the extent that it is consistent with the articles of incorporation.
(2) Sections 35-18-327 through 35-18-333 do not limit a cooperative's power to pay or reimburse expenses incurred by a trustee or officer in connection with the trustee's or officer's appearance as a witness in a proceeding at a time when the trustee or officer has not been made a named defendant or respondent to the proceeding.
History: En. Sec. 9, 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