{"data":{"id":"us-mt/35-1-1409","jurisdiction":"us-mt","citation":"35-1-1409","heading":"Officers -- duty -- limits.","body":"(1) Each officer of a benefit corporation shall consider the interests and factors described in 35-1-1406 in the manner provided in 35-1-1406 whenever the officer:\n(a) has discretion to act with respect to a matter; and\n(b) reasonably believes that the matter may have a material effect on:\n(i) the creation of general public benefit or a specific public benefit by the benefit corporation; or\n(ii) any of the interests or factors referred to in 35-1-1406(2).\n(2) The consideration by an officer of interests and factors in the manner described in subsection (1) does not constitute a violation of the duties of the officer.\n(3) An officer is not liable for monetary damages under this part for:\n(a) any action taken as an officer if the officer performed the duties of the position in compliance with this section; or\n(b) any failure of the benefit corporation to create general public benefit or a specific public benefit.\n(4) An officer does not have a fiduciary duty to a person who is a beneficiary of the general public benefit purpose or a specific public benefit purpose of a benefit corporation arising from the status of the person as a beneficiary.","path":["TITLE 35. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS","CHAPTER 1. MONTANA BENEFIT CORPORATION ACT","Part 14. Benefit Corporations"],"source_url":"https://mca.legmt.gov/bills/mca/title_0350/chapter_0010/part_0140/section_0090/0350-0010-0140-0090.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:53:06Z","sha256":"3d93b44d3469c85471519228ed5e8a899bd95400a1223a0c72ec36bcf56b2642","source_id":"us-mt","stale":false,"prev":"us-mt/35-1-1408","next":"us-mt/35-1-1410"},"notice":"GroundRules: Original legal text. Not legal advice."}