Montana § 35-1-1412 - Enforcement
Full text of Montana Montana Code Annotated § 35-1-1412 — Enforcement, with citation guidance and answers to common questions.
§ 35-1-1412. Enforcement
Enforcement. (1) A person may bring an action or assert a claim against a benefit corporation or its directors or officers only through a benefit enforcement proceeding under this section. (2) A benefit enforcement proceeding may be commenced or maintained: (a) directly by the benefit corporation; or (b) derivatively by: (i) a shareholder; (ii) a director; (iii) a person or group of persons that owns beneficially or of record 5% or more of the equity interests in an entity of which the benefit corporation is a subsidiary; or (iv) any other person who may be specified in the articles of incorporation of the benefit corporation. (3) A benefit corporation is not liable for monetary damages for any failure of the benefit corporation to create general public benefit or a specific public benefit. (4) If the court in a benefit enforcement proceeding finds that a failure to comply with this part was without justification, the court may award an amount sufficient to reimburse the plaintiff for the reasonable expenses incurred by the plaintiff, including attorney fees and expenses, in connection with the benefit enforcement proceeding.
Frequently Asked Questions About Montana § 35-1-1412
What does Montana Code Annotated § 35-1-1412 cover?
Section 35-1-1412 ("Enforcement") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 35-1-1412?
A common citation format is "Montana Code Annotated § 35-1-1412" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 35-1-1412 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.