35-2-518. Creditor's action against member. (1) A proceeding may not be brought by a creditor to reach the liability, if any, of a member to the corporation unless final judgment has been rendered in favor of the creditor against the corporation and execution has been returned unsatisfied in whole or in part or unless further proceeding would be useless.
(2) All creditors of the corporation, with or without reducing their claims to judgment, may intervene in any creditor's proceeding brought under subsection (1) to reach and apply unpaid amounts due the corporation. Any or all members who owe amounts to the corporation may be joined in the proceeding.
History: En. Sec. 46, Ch. 411, L. 1991.
Structure Montana Code Annotated
Title 35. Corporations, Partnerships, and Associations
Chapter 2. Nonprofit Corporations
Part 5. Members -- Delegates -- Voting
35-2-512. No requirement of members
35-2-513. Differences in rights and obligations of members
35-2-516. Member's liability to third parties
35-2-517. Member's liability for dues, assessments, and fees
35-2-518. Creditor's action against member
35-2-520. Termination, expulsion, and suspension
35-2-522. Purchase of memberships
35-2-525. Homeowners association -- remote meetings
35-2-526. Annual and regular meetings
35-2-528. Court-ordered meeting
35-2-529. Action by written consent
35-2-532. Record date -- determining members entitled to notice and vote
35-2-533. Action by written ballot
35-2-535. Members' list for meeting
35-2-536. Voting entitlement generally
35-2-540. Cumulative voting for directors -- exception
35-2-541. Other methods of electing directors
35-2-542. Corporation's acceptance of votes
35-2-544. through 35-2-549 reserved
35-2-550. Unincorporated homeowners' association -- remote meetings