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Corporate bylaws are legally required in Montana. Per MT Code § 35-14-206, bylaws must be adopted during the first organizational meeting following incorporation.
They're set out in a formal written document adopted by a corporation's board of directors and summarize important procedures related to decision-making and voting. This helps ensure that even as officers and directors come and go from the company, there's a consistent process and agreed-upon procedures.
Corporate bylaws are legally binding rules that the board of directors adopts once a business incorporates. They lay out the day-to-day operating rules and procedures for a corporation. Establishing bylaws is an important task for the board of directors, helping them oversee the work and operation of the business.
The operating agreement is a legal document that sets rules for the relationships between the owners of a limited liability company (LLC), while bylaws provide regulations and rules that govern the operation of the corporation and internal management.
Corporate bylaws specify the number of directors, their qualifications and duties, their time and place of meeting, and more. A violation of the bylaws can lead to the internal discipline of board members or even shareholder lawsuits.
To form a Montana corporation, you must file articles of incorporation with the Secretary of State and pay a filing fee, at which point a corporation's existence officially begins. At a minimum, the articles must include the following information: Name of the corporation. Names and addresses of incorporators.
The initial bylaws are adopted at the organizational meeting held after the Articles of Incorporation are filed. The bylaws may be amended thereafter by the shareholders or, in some cases, by the board of directors.
How to Start a corporation in Montana Choose a name for your business. ... Designate a Registered Agent in Montana. ... File Articles of Incorporation in Montana. ... Create your Corporate Bylaws. ... Appoint your Corporate Directors. ... Hold the First Meeting of the Board of Directors. ... Authorize the issuance of shares of stock.