35-2-530. Notice of meeting. (1) A corporation shall give notice consistent with its bylaws of meetings of members in a fair and reasonable manner.
(2) Any notice that conforms to the requirements of subsection (3) is fair and reasonable, but other means of giving notice may also be fair and reasonable when all the circumstances are considered. However, notice of matters referred to in subsection (3)(b) must be given as specified in subsection (3).
(3) Notice is fair and reasonable if:
(a) the corporation notifies its members of the place, date, and time of each annual, regular, and special meeting of members not less than 10 days before the meeting date or, if notice is mailed by certified mail, not less than 30 or more than 60 days before the meeting date;
(b) notice of an annual or regular meeting includes a description of any matter or matters that must be approved by the members under 35-2-223, 35-2-230, 35-2-418, 35-2-452, 35-2-611, 35-2-617, 35-2-720, or 35-2-721; and
(c) notice of a special meeting includes a description of the matter or matters for which the meeting is called.
(4) Unless the bylaws require otherwise, if an annual, regular, or special meeting of members is adjourned to a different date, time, or place, notice need not be given of the new date, time, or place, if the new date, time, or place is announced at the meeting before adjournment. If a new record date for the adjourned meeting is or must be fixed under 35-2-532, notice of the adjourned meeting must be given under this section to the members of record as of the new record date.
(5) When giving notice of an annual, regular, or special meeting of members, a corporation shall give notice of a matter a member intends to raise at the meeting if:
(a) requested in writing to do so by a person entitled to call a special meeting; and
(b) the request is received by the secretary or president of the corporation at least 10 days before the corporation gives notice of the meeting.
History: En. Sec. 62, 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