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Law Number

27-1-732, MCA

Summary Title

Liability: Nonprofit Officer, Director, or Volunteer

Summary

An officer, director, or volunteer of a nonprofit, who acts within the scope of their duties, will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with intent to cause harm.

Full Title

Immunity of nonprofit corporation officers, directors, and volunteers

Full Text

(1) An officer, director, or volunteer of a nonprofit corporation is not individually liable for any action or omission made in the course and scope of the officer’s, director’s, or volunteer’s official capacity on behalf of the nonprofit corporation. This section does not apply to liability for willful or wanton misconduct. The immunity granted by this section does not apply to the liability of a nonprofit corporation. (2) For purposes of this section, “nonprofit corporation” means: (a) an organization exempt from taxation under section 501(c) of the Internal Revenue Code, 26 U.S.C. 501(c), as amended; or (b) a corporation or organization that is eligible for or has been granted tax-exempt status by the department of revenue under the provisions of 15-31-102.

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