{"data":{"id":"us-mt/35-2-821","jurisdiction":"us-mt","citation":"35-2-821","heading":"Consequences of transacting business without authority.","body":"(1) A foreign corporation transacting business in this state without a certificate of authority may not maintain a proceeding in any court in this state until it obtains a certificate of authority.\n(2) The successor to a foreign corporation that transacted business in this state without a certificate of authority and the assignee of a cause of action arising out of that business may not maintain a proceeding on that cause of action in any court in this state until the foreign corporation or its successor obtains a certificate of authority.\n(3) A court may stay a proceeding commenced by a foreign corporation, its successor, or its assignee until it determines whether the foreign corporation, its successor, or its assignee requires a certificate of authority. If it determines that a certificate is required, the court may further stay the proceeding until the foreign corporation, its successor, or its assignee obtains the certificate.\n(4) A foreign corporation is liable for a civil penalty of $5 for each day, but not to exceed a total of $1,000 for each year, that it transacts business in this state without a certificate of authority. The attorney general may collect all penalties due under this subsection.\n(5) Notwithstanding the provisions of subsections (1) and (2), the failure of a foreign corporation to obtain a certificate of authority does not impair the validity of its corporate acts or prevent it from defending any proceeding in this state.","path":["TITLE 35. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS","CHAPTER 2. NONPROFIT CORPORATIONS","Part 8. Foreign Corporations"],"source_url":"https://mca.legmt.gov/bills/mca/title_0350/chapter_0020/part_0080/section_0210/0350-0020-0080-0210.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:53:11Z","sha256":"abea4748fac19abf4a505f8a548d8d9e9d34bd9b8462e0e8e345640732df1b29","source_id":"us-mt","stale":false,"prev":"us-mt/35-2-820","next":"us-mt/35-2-822"},"notice":"GroundRules: Original legal text. Not legal advice."}