{"data":{"id":"us-mt/35-2-132","jurisdiction":"us-mt","citation":"35-2-132","heading":"Ultra vires.","body":"(1) Except as provided in subsection (2), the validity of corporate action may not be challenged on the ground that the corporation lacks or lacked power to act.\n(2) A corporation's power to act may be challenged in a proceeding against the corporation to enjoin an act when a third party has not acquired rights. The proceeding may be brought by the attorney general, by a director, or by a member or members in a derivative proceeding.\n(3) (a) A corporation's power to act may be challenged in a proceeding against an incumbent or former director, officer, employee, or agent of the corporation.\n(b) The proceeding may be brought:\n(i) by a director;\n(ii) by the corporation, directly, derivatively, or through a receiver, a trustee, or other legal representative; or\n(iii) in the case of a public benefit corporation, by the attorney general.","path":["TITLE 35. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS","CHAPTER 2. NONPROFIT CORPORATIONS","Part 1. General"],"source_url":"https://mca.legmt.gov/bills/mca/title_0350/chapter_0020/part_0010/section_0320/0350-0020-0010-0320.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:53:07Z","sha256":"f7f8f6edd3c1444e3b3c6ee71fbabd3880a92b848e2015557c5cbc32c27f3a0f","source_id":"us-mt","stale":false,"prev":"us-mt/35-2-131","next":"us-mt/35-2-133"},"notice":"GroundRules: Original legal text. Not legal advice."}