Mont. Code Ann. § 30-12A-105 — MT Code / Title 30 / Chapter 12A / Part 1 / Section 30-12A-105
30-12A-105 Control of controllable electronic record
Status: in_force

30-12A-105 . Control of controllable electronic record. (1) A person has control of a controllable electronic record if the electronic record, a record attached to or logically associated with the electronic record, or a system in which the electronic record is recorded:

(a) gives the person:

(i) power to avail itself of substantially all the benefit from the electronic record; and

(ii) exclusive power, subject to subsection (2), to:

(A) prevent others from availing themselves of substantially all the benefit from the electronic record; and

(B) transfer control of the electronic record to another person or cause another person to obtain control of another controllable electronic record as a result of the transfer of the electronic record; and

(b) enables the person readily to identify itself in any way, including by name, identifying number, cryptographic key, office, or account number, as having the powers specified in subjection (1)(a).

(2) Subject to subsection (3), a power is exclusive under subsection (1)(a)(ii)(A) and (1)(a)(ii)(B) even if:

(a) the controllable electronic record, a record attached to or logically associated with the electronic record, or a system in which the electronic record is recorded limits the use of the electronic record or has a protocol programmed to cause a change, including a transfer or loss of control or a modification of benefits afforded by the electronic record; or

(b) the power is shared with another person.

(3) A power of a person is not shared with another person under subsection (2)(b) and the person's power is not exclusive if:

(a) the person can exercise the power only if the power also is exercised by the other person; and

(b) the other person:

(i) can exercise the power without exercise of the power by the person; or

(ii) is the transferor to the person of an interest in the controllable electronic record or a controllable account or controllable payment intangible evidenced by the controllable electronic record.

(4) If a person has the powers specified in subsections (1)(a)(ii)(A) and (1)(a)(ii)(B), the powers are presumed to be exclusive.

(5) A person has control of a controllable electronic record if another person, other than the transferor to the person of an interest in the controllable electronic record or a controllable account or controllable payment intangible evidenced by the controllable electronic record:

(a) has control of the electronic record and acknowledges that it has control on behalf of the person; or

(b) obtains control of the electronic record after having acknowledged that it will obtain control of the electronic record on behalf of the person.

(6) A person that has control under this section is not required to acknowledge that it has control on behalf of another person.

(7) If a person acknowledges that it has or will obtain control on behalf of another person, unless the person otherwise agrees or a law other than Title 30, chapter 9A, or this part otherwise provides, the person does not owe any duty to the other person and is not required to confirm the acknowledgment to any other person.
Mont. Code Ann. § 30-16-201 — MT Code / Title 30 / Chapter 16 / Part 2 / Section 30-16-201
30-16-201 Designation of small business licensing coordination center -- duties of center
Status: in_force

30-16-201 . Designation of small business licensing coordination center -- duties of center. The department shall administer a small business licensing coordination center. The small business licensing coordination center shall:

(1) document and analyze current licensing requirements, fees, and procedures;

(2) recommend elimination of unnecessary licensing requirements, administrative procedures, or forms or parts of forms that can be eliminated in the public interest;

(3) recommend efficient and effective improvements in the administration and enforcement of licensing laws, including gathering of information that facilitates the development of a permanent master license certificate;

(4) recommend revisions in the license fee structure to distribute the cost of licenses equitably and to provide financing for continuing improvements in licensing administration and enforcement;

(5) develop and upon request distribute information concerning state requirements for starting and operating a business in Montana;

(6) provide assistance to business enterprises to facilitate their compliance with state licensing requirements. The assistance required by this subsection includes a specific obligation for the center to immediately inform each business enterprise applying for a license that the business enterprise is required to obtain a business name from the secretary of state pursuant to Title 35 before any other state license application may be processed.

(7) maintain a supply of license and permit forms or applications for all licenses and actively assist the business community in answering application questions;

(8) maintain a master list of the business types existing in the state and a corresponding list of the licenses or permits needed to operate or start that type of business;

(9) maintain a copy of the Administrative Rules of Montana in order to provide an applicant with the basic rules of any agency with regard to licensing;

(10) encourage agencies to provide informational brochures through the center, especially in the case of complex licensing procedures;

(11) maintain contact with licensing agencies in order to enable the center to assist an applicant with setting up appointments or otherwise facilitate the application process; and

(12) perform other administrative tasks delegated to the center to improve state business license administration.
Mont. Code Ann. § 30-13-151 — MT Code / Title 30 / Chapter 13 / Part 1 / Section 30-13-151
30-13-151 Definitions
Status: in_force

30-13-151 . Definitions. As used in 30-13-151 through 30-13-154 , the following definitions apply:

(1) "Affiliated person" means a person under common ownership or control of an intended recipient.

(2) "Intended recipient" means a person who purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is not for resale in the person's ordinary business and that is or later becomes the subject of a patent infringement allegation.

(3) "Person" means a natural person, partnership, corporation, company, trust, business entity, or association and an agent, employee, partner, officer, director, member, associate, or trustee of a person.
Mont. Code Ann. § 30-3-108 — MT Code / Title 30 / Chapter 3 / Part 1 / Section 30-3-108
30-3-108 Payable on demand
Status: in_force

30-3-108 . Payable on demand. A promise or order is "payable on demand" if:

(1) it states that it is payable on demand or at sight or otherwise indicates that it is payable at the will of the holder; or

(2) it does not state any time of payment.
Mont. Code Ann. § 30-16-302 — MT Code / Title 30 / Chapter 16 / Part 3 / Section 30-16-302
30-16-302 Board of review
Status: in_force

30-16-302 . Board of review. (1) There is a board of review. The board of review's duty is to provide policy direction to the department of revenue in the establishment and operation of the system. The board of review includes the directors of the departments of agriculture, labor and industry, environmental quality, livestock, revenue, justice, and public health and human services, a member appointed by the president of the senate, and a member appointed by the speaker of the house. If an agency that is not a member of the board of review requests inclusion in the streamlined registration and licensing plan as provided in 30-16-303 , that agency's director must be appointed to the board of review by the governor.

(2) The governor shall appoint a presiding officer from among the members of the board of review.

(3) The board of review shall meet at the call of the presiding officer at least once each calendar quarter to:

(a) establish interagency policy and guidelines for the plan;

(b) review the findings, status, and problems of system operations and recommend courses of action; and

(c) receive reports from industry and agency task forces that the board of review may request to inquire into particular issues.

(4) The board of review may implement a plan for streamlined registration and licensing to include licenses not specified in 30-16-301 , as provided in 30-16-303 .

(5) The board of review is attached to the department of revenue for administrative purposes only as provided in 2-15-121 .
Mont. Code Ann. § 30-8-211 — MT Code / Title 30 / Chapter 8 / Part 2 / Section 30-8-211
30-8-211 Issuer
Status: in_force

30-8-211 . Issuer. (1) With respect to an obligation on or a defense to a security, an "issuer" includes a person that:

(a) places or authorizes the placing of its name on a security certificate, other than as authenticating trustee, registrar, transfer agent, or the like, to evidence a share, participation, or other interest in its property or in an enterprise, or to evidence its duty to perform an obligation represented by the certificate;

(b) creates a share, participation, or other interest in its property or in an enterprise, or undertakes an obligation, that is an uncertificated security;

(c) directly or indirectly creates a fractional interest in its rights or property, if the fractional interest is represented by a security certificate; or

(d) becomes responsible for, or in place of, another person described as an issuer in this section.

(2) With respect to an obligation on or defense to a security, a guarantor is an issuer to the extent of its guaranty, whether or not its obligation is noted on a security certificate.

(3) With respect to a registration of a transfer, issuer means a person on whose behalf transfer books are maintained.
Mont. Code Ann. § 30-14-1727 — MT Code / Title 30 / Chapter 14 / Part 17 / Section 30-14-1727
30-14-1727 Placement of security freeze
Status: in_force

30-14-1727 . Placement of security freeze. (1) A consumer may elect to place a security freeze on the consumer's own credit report by making a request:

(a) in writing by regular or certified mail to a consumer reporting agency at an address designated by the consumer reporting agency to receive the request; or

(b) directly to the consumer reporting agency through a secure electronic connection specified by the consumer reporting agency.

(2) A consumer, acting in the capacity of a parent or guardian in the case of a minor or of an incapacitated person as defined in 72-5-101 or a conservator in the case of a protected person as defined in 72-5-101 , may request that a consumer reporting agency place a freeze on the credit report of the minor or incapacitated or protected person by making a request in writing to the consumer reporting agency at an address designated by the consumer reporting agency to receive the request.
Mont. Code Ann. § 30-2-715 — MT Code / Title 30 / Chapter 2 / Part 7 / Section 30-2-715
30-2-715 Buyer's incidental and consequential damages
Status: in_force

30-2-715 . Buyer's incidental and consequential damages. (1) Incidental damages resulting from the seller's breach include expenses reasonably incurred in inspection, receipt, transportation and care and custody of goods rightfully rejected, any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable expense incident to the delay or other breach.

(2) Consequential damages resulting from the seller's breach include:

(a) any loss resulting from general or particular requirements and needs of which the seller at the time of contracting had reason to know and which could not reasonably be prevented by cover or otherwise; and

(b) injury to person or property proximately resulting from any breach of warranty.
Mont. Code Ann. § 30-2-615 — MT Code / Title 30 / Chapter 2 / Part 6 / Section 30-2-615
30-2-615 Excuse by failure of presupposed conditions
Status: in_force

30-2-615 . Excuse by failure of presupposed conditions. Except so far as a seller may have assumed a greater obligation and subject to the preceding section on substituted performance:

(1) Delay in delivery or nondelivery in whole or in part by a seller who complies with subsections (2) and (3) is not a breach of the seller's duty under a contract for sale if performance as agreed has been made impracticable by the occurrence of a contingency the nonoccurrence of which was a basic assumption on which the contract was made or by compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid.

(2) Where the causes mentioned in subsection (1) affect only a part of the seller's capacity to perform, the seller must allocate production and deliveries among its customers but may at its option include regular customers not then under contract as well as its own requirements for further manufacture. The seller may so allocate in any manner which is fair and reasonable.

(3) The seller must notify the buyer seasonably that there will be delay or nondelivery and, when allocation is required under subsection (2), of the estimated quota thus made available for the buyer.
Mont. Code Ann. § 30-2-326 — MT Code / Title 30 / Chapter 2 / Part 3 / Section 30-2-326
30-2-326 Sale on approval and sale or return -- rights of creditors
Status: in_force

30-2-326 . Sale on approval and sale or return -- rights of creditors. (1) Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is:

(a) a "sale on approval" if the goods are delivered primarily for use; and

(b) a "sale or return" if the goods are delivered primarily for resale.

(2) Goods held on approval are not subject to the claims of the buyer's creditors until acceptance; goods held on sale or return are subject to such claims while in the buyer's possession.

(3) Any "or return" term of a contract for sale is to be treated as a separate contract for sale within the statute of frauds section of this chapter ( 30-2-201 ) and as contradicting the sale aspect of the contract within the provisions of this chapter on parol or extrinsic evidence ( 30-2-202 ).
Mont. Code Ann. § 30-12-703 — MT Code / Title 30 / Chapter 12 / Part 7 / Section 30-12-703
30-12-703 Labeling permitted
Status: in_force

30-12-703 . Labeling permitted. All producers, growers, and shippers of beef, pork, poultry, or lamb in this state are permitted to label each individual portion, piece, or package of beef, pork, poultry, or lamb in a conspicuous place as legibly, indelibly, and permanently as the nature of the commodity will permit, in a manner that indicates to an ultimate purchaser that the product was produced in Montana.
Mont. Code Ann. § 30-12-209 — MT Code / Title 30 / Chapter 12 / Part 2 / Section 30-12-209
30-12-209 Disposition of correct and incorrect apparatus
Status: in_force

30-12-209 . Disposition of correct and incorrect apparatus. (1) The department shall approve for use and seal or mark with appropriate devices those weights and measures which it finds upon inspection and test to be "correct" as defined in 30-12-202 and shall reject and mark or tag as "rejected" those weights and measures which it finds, upon inspection or test, to be "incorrect" as defined in 30-12-202 but which in its best judgment are susceptible of satisfactory repair.

(2) The department shall condemn, and may seize and destroy, weights and measures found to be incorrect which, in its best judgment, are not susceptible of satisfactory repair.

(3) Weights and measures that have been rejected may be confiscated and may be destroyed by the department if not corrected as required by 30-12-211 or if used or disposed of contrary to the requirements of 30-12-211 .

(4) Sealing or marking are not required with respect to those weights and measures which may be exempted therefrom by a rule of the department issued under 30-12-202 .
Mont. Code Ann. § 30-8-416 — MT Code / Title 30 / Chapter 8 / Part 4 / Section 30-8-416
30-8-416 Obligation to notify issuer of lost, destroyed, or wrongfully taken security certificate
Status: in_force

30-8-416 . Obligation to notify issuer of lost, destroyed, or wrongfully taken security certificate. If a security certificate has been lost, apparently destroyed, or wrongfully taken, and the owner fails to notify the issuer of that fact within a reasonable time after the owner has notice of it and the issuer registers a transfer of the security before receiving notification, the owner may not assert against the issuer a claim for registering the transfer under 30-8-414 or a claim to a new security certificate under 30-8-415 .
Mont. Code Ann. § 30-14-1206 — MT Code / Title 30 / Chapter 14 / Part 12 / Section 30-14-1206
30-14-1206 Liability to manufacturer -- wheelchair dealer exemption
Status: in_force

30-14-1206 . Liability to manufacturer -- wheelchair dealer exemption. A wheelchair dealer is not liable to a manufacturer for a refund or wheelchair replacement in the absence of evidence that indicates that the repairs made by the dealer were carried out in a manner inconsistent with the manufacturer's instructions.
Mont. Code Ann. § 30-9A-621 — MT Code / Title 30 / Chapter 9A / Part 6 / Section 30-9A-621
30-9A-621 Notification of proposal to accept collateral
Status: in_force

30-9A-621 . Notification of proposal to accept collateral. (1) A secured party that desires to accept collateral in full or partial satisfaction of the obligation it secures shall send its proposal to:

(a) any person from which the secured party has received, before the debtor consented to the acceptance, a signed notification of a claim of an interest in the collateral;

(b) any other secured party or lienholder that, 10 days before the debtor consented to the acceptance, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:

(i) identified the collateral;

(ii) was indexed under the debtor's name as of that date; and

(iii) was filed in the office or offices in which to file a financing statement against the debtor covering the collateral as of that date; and

(c) any other secured party that, 10 days before the debtor consented to the acceptance, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in 30-9A-311 (1).

(2) A secured party that desires to accept collateral in partial satisfaction of the obligation it secures shall send its proposal to any secondary obligor in addition to the persons described in subsection (1).
Mont. Code Ann. § 30-2A-103 — MT Code / Title 30 / Chapter 2A / Part 1 / Section 30-2A-103
30-2A-103 Definitions and index of definitions
Status: in_force

30-2A-103 . Definitions and index of definitions. (1) In this chapter, unless the context otherwise requires, the following definitions apply:

(a) "Buyer in ordinary course of business" means a person, who in good faith and without knowledge that the sale to the buyer is in violation of the ownership rights or security interest or leasehold interest of a third party in the goods, buys in ordinary course from a person in the business of selling goods of that kind, but the term does not include a pawnbroker. "Buying" may be for cash or by exchange of other property or on secured or unsecured credit and includes acquiring goods or documents of title under a preexisting contract for sale but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.

(b) "Cancellation" occurs when either party puts an end to the lease contract for default by the other party.

(c) "Commercial unit" means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. A commercial unit may be a single article, as a machine; a set of articles, as a suite of furniture or a line of machinery; a quantity, as a gross or carload; or any other unit treated in use or in the relevant market as a single whole.

(d) "Conforming" goods or performance under a lease contract means goods or performance that is in accordance with the obligations under the lease contract.

(e) "Consumer lease" means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed $25,000.

(f) "Fault" means wrongful act, omission, breach, or default.

(g) "Finance lease" means a lease with respect to which:

(i) the lessor does not select, manufacture, or supply the goods;

(ii) the lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and

(iii) one of the following occurs:

(A) the lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;

(B) the lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;

(C) the lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or

(D) if the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing:

(I) of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person;

(II) that the lessee is entitled under this chapter to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; and

(III) that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies.

(h) "Goods" means all things that are movable at the time of identification to the lease contract, or are fixtures ( 30-2A-309 ), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. The term also includes the unborn young of animals.

(i) "Hybrid lease" means a single transaction involving a lease of goods and:

(i) the provision of services;

(ii) a sale of other goods; or

(iii) a sale, lease, or license of property other than goods.

(j) "Installment lease contract" means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause "each delivery is a separate lease" or its equivalent.

(k) "Lease" means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. Unless the context clearly indicates otherwise, the term includes a sublease.

(l) "Lease agreement" means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances, including course of dealing or usage of trade or course of performance as provided in this chapter. Unless the context clearly indicates otherwise, the term includes a sublease agreement.

(m) "Lease contract" means the total legal obligation that results from the lease agreement as affected by this chapter and any other applicable rules of law. Unless the context clearly indicates otherwise, the term includes a sublease contract.

(n) "Leasehold interest" means the interest of the lessor or the lessee under a lease contract.

(o) "Lessee" means a person who acquires the right to possession and use of goods under a lease. Unless the context clearly indicates otherwise, the term includes a sublease.

(p) "Lessee in ordinary course of business" means a person, who in good faith and without knowledge that the lease to the person is in violation of the ownership rights or security interest or leasehold interest of a third party in the goods, leases in ordinary course from a person in the business of selling or leasing goods of that kind, but the term does not include a pawnbroker. "Leasing" may be for cash or by exchange of other property or on secured or unsecured credit and includes acquiring goods or documents of title under a preexisting lease contract but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.

(q) "Lessor" means a person who transfers the right to possession and use of goods under a lease. Unless the context clearly indicates otherwise, the term includes a sublessor.

(r) "Lessor's residual interest" means the lessor's interest in the goods after expiration, termination, or cancellation of the lease contract.

(s) "Lien" means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest.

(t) "Lot" means a parcel or a single article that is the subject matter of a separate lease or delivery, whether or not it is sufficient to perform the lease contract.

(u) "Merchant lessee" means a lessee that is a merchant with respect to goods of the kind subject to the lease.

(v) "Present value" means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties if the rate was not manifestly unreasonable at the time the transaction was entered into; otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered into.

(w) "Purchase" includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods.

(x) "Sublease" means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease.

(y) "Supplier" means a person from whom a lessor buys or leases goods to be leased under a finance lease.

(z) "Supply contract" means a contract under which a lessor buys or leases goods to be leased.

(aa) "Termination" occurs when either party pursuant to a power created by agreement or law puts an end to the lease contract otherwise than for default.

(2) Other definitions applying to this chapter and the sections in which they appear are:

(a) "Accessions". 30-2A-310 (1).

(b) "Construction mortgage". 30-2A-309 (1)(d).

(c) "Encumbrance". 30-2A-309 (1)(e).

(d) "Fixtures". 30-2A-309 (1)(a).

(e) "Fixture filing". 30-2A-309 (1)(b).

(f) "Purchase money lease". 30-2A-309 (1)(c).

(3) The following definitions in other chapters apply to this chapter:

(a) "Account". 30-9A-102 (1)(b).

(b) "Between merchants". 30-2-104 (3).

(c) "Buyer". 30-2-103 (1)(a).

(d) "Chattel paper". 30-9A-102 (1)(l).

(e) "Consumer goods". 30-9A-102 (1)(x).

(f) "Document". 30-9A-102 (1)(gg).

(g) "Entrusting". 30-2-403 (3).

(h) "General intangible". 30-9A-102 (1)(rr).

(i) "Good faith". 30-2-103 (1)(b).

(j) "Instrument". 30-9A-102 (1)(ww).

(k) "Merchant". 30-2-104 (1).

(l) "Mortgage". 30-9A-102 (1)(fff).

(m) "Pursuant to commitment". 30-9A-102 (1)(ttt).

(n) "Receipt". 30-2-103 (1)(c).

(o) "Sale". 30-2-106 (1).

(p) "Sale on approval". 30-2-326 .

(q) "Sale or return". 30-2-326 .

(r) "Seller". 30-2-103 (1)(d).

(4) In addition, Title 30, chapter 1, contains general definitions and principles of construction and interpretation applicable throughout this chapter.
Mont. Code Ann. § 30-9A-326 — MT Code / Title 30 / Chapter 9A / Part 3 / Section 30-9A-326
30-9A-326 Priority of security interests created by new debtor
Status: in_force

30-9A-326 . Priority of security interests created by new debtor. (1) Subject to subsection (2), a security interest that is created by a new debtor in collateral in which the new debtor has or acquires rights and is perfected solely by a filed financing statement that would be ineffective to perfect the security interest but for the application of 30-9A-316 (9)(a) or 30-9A-508 is subordinate to a security interest in the same collateral that is perfected other than by such a filed financing statement.

(2) The other provisions of this part determine the priority among conflicting security interests in the same collateral perfected by filed financing statements described in subsection (1). However, if the security agreements to which a new debtor became bound as debtor were not entered into by the same original debtor, the conflicting security interests rank according to priority in time of the new debtor's having become bound.
Mont. Code Ann. § 30-2-203 — MT Code / Title 30 / Chapter 2 / Part 2 / Section 30-2-203
30-2-203 Seals inoperative
Status: in_force

30-2-203 . Seals inoperative. The affixing of a seal to a record evidencing a contract for sale or an offer to buy or sell goods does not constitute the record a sealed instrument and the law with respect to sealed instruments does not apply to such a contract or offer.
Mont. Code Ann. § 30-2-204 — MT Code / Title 30 / Chapter 2 / Part 2 / Section 30-2-204
30-2-204 Formation in general
Status: in_force

30-2-204 . Formation in general. (1) A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract.

(2) An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined.

(3) Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy.
Mont. Code Ann. § 30-9A-104 — MT Code / Title 30 / Chapter 9A / Part 1 / Section 30-9A-104
30-9A-104 Control of deposit account
Status: in_force

30-9A-104 . Control of deposit account. (1) A secured party has control of a deposit account if:

(a) the secured party is the bank with which the deposit account is maintained;

(b) the debtor, secured party, and bank have agreed in a signed record that the bank will comply with instructions originated by the secured party directing disposition of the funds in the deposit account without further consent by the debtor;

(c) the secured party becomes the bank's customer with respect to the deposit account; or

(d) another person, other than the debtor:

(i) has control of the deposit account and acknowledges that it has control on behalf of the secured party; or

(ii) obtains control of the deposit account after having acknowledged that it will obtain control of the deposit account on behalf of the secured party.

(2) A secured party that has satisfied the requirements of subsection (1) has control, even if the debtor retains the right to direct the disposition of funds from the deposit account.
Mont. Code Ann. § 30-9A-608 — MT Code / Title 30 / Chapter 9A / Part 6 / Section 30-9A-608
30-9A-608 Application of proceeds of collection or enforcement -- liability for deficiency and right to surplus
Status: in_force

30-9A-608 . Application of proceeds of collection or enforcement -- liability for deficiency and right to surplus. (1) If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply:

(a) A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under 30-9A-607 in the following order to:

(i) the reasonable expenses of collection and enforcement and, to the extent provided for by agreement and not prohibited by law, reasonable attorneys fees and legal expenses incurred by the secured party;

(ii) the satisfaction of obligations secured by the security interest or agricultural lien under which the collection or enforcement is made; and

(iii) the satisfaction of obligations secured by any subordinate security interest in or other lien on the collateral subject to the security interest or agricultural lien under which the collection or enforcement is made if the secured party receives a signed demand for proceeds before distribution of the proceeds is completed.

(b) If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder complies, the secured party need not comply with the holder's demand under subsection (1)(a)(iii).

(c) A secured party need not apply or pay over for application the noncash proceeds of collection and enforcement under 30-9A-607 unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner.

(d) A secured party shall account to and pay a debtor for any surplus, and the obligor is liable for any deficiency.

(2) If the underlying transaction is a sale of accounts, chattel paper, payment intangibles, or promissory notes, the debtor is not entitled to any surplus and the obligor is not liable for any deficiency.
Mont. Code Ann. § 30-9A-407 — MT Code / Title 30 / Chapter 9A / Part 4 / Section 30-9A-407
30-9A-407 Restrictions on creation or enforcement of security interest in leasehold interest or in lessor's residual interest
Status: in_force

30-9A-407 . Restrictions on creation or enforcement of security interest in leasehold interest or in lessor's residual interest. (1) Except as otherwise provided in subsection (2), a term in a lease agreement is ineffective to the extent that it:

(a) prohibits, restricts, or requires the consent of a party to the lease to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, an interest of a party under the lease contract or in the lessor's residual interest in the goods; or

(b) provides that the assignment or transfer or the creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the lease.

(2) Except as otherwise provided in 30-2A-303 (7), a term described in subsection (1)(b) is effective to the extent that there is:

(a) a transfer by the lessee of the lessee's right of possession or use of the goods in violation of the term; or

(b) a delegation of a material performance of either party to the lease contract in violation of the term.

(3) The creation, attachment, perfection, or enforcement of a security interest in the lessor's interest under the lease contract or the lessor's residual interest in the goods is not a transfer that materially impairs the prospect of obtaining return performance by, materially changes the duty of, or materially increases the burden or risk imposed on the lessee within 30-2A-303 (4). This subsection does not apply to the extent that enforcement results in a delegation of a material performance of the lessor.
Mont. Code Ann. § 30-14-1730 — MT Code / Title 30 / Chapter 14 / Part 17 / Section 30-14-1730
30-14-1730 Consumer reporting agency security freeze removal procedures -- notification
Status: in_force

30-14-1730 . Consumer reporting agency security freeze removal procedures -- notification. (1) A consumer reporting agency shall remove or temporarily lift a security freeze placed on a credit report:

(a) upon the consumer's request pursuant to 30-14-1729 or 30-14-1732 ; or

(b) if the consumer reporting agency determines that the consumer made a material misrepresentation of fact when requesting the security freeze.

(2) When a consumer reporting agency removes a security freeze as provided in subsection (1)(b), the consumer reporting agency shall notify the consumer in writing at least 5 business days prior to removing the security freeze on the credit report.
Mont. Code Ann. § 30-1-103 — MT Code / Title 30 / Chapter 1 / Part 1 / Section 30-1-103
30-1-103 Supplementary general principles of law applicable
Status: in_force

30-1-103 . Supplementary general principles of law applicable. Unless displaced by the particular provisions of this code, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause shall supplement its provisions.
Mont. Code Ann. § 30-14-221 — MT Code / Title 30 / Chapter 14 / Part 2 / Section 30-14-221
30-14-221 Investigations
Status: in_force

30-14-221 . Investigations. (1) The department, for the purpose of conducting hearings and investigations that in the opinion of the department are necessary and proper for the exercise of the powers vested in the department by this part, shall at all reasonable times have access to any evidence concerning a person being investigated or proceeded against that relates to any matter under investigation or in question and the right to copy the evidence. The department may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation or in question before the department or before its duly authorized agent conducting the investigation. An agent, duly authorized by the department for those purposes, may administer oaths and affirmations, examine witnesses, and receive evidence. The attendance of witnesses and the production of evidence may be required from any place in this state at any designated place of hearing.

(2) Upon application by the department in a case of refusal to obey a subpoena issued to a person, a district court of this state, within the district where the inquiry is carried on or where a person guilty of refusal to obey is found, resides, or transacts business, has jurisdiction to issue to that person an order requiring the person to appear before the department or its duly authorized agent and to produce evidence if so ordered or to give testimony regarding the matter under investigation. Failure to obey the order of the court may be punished by the court as a contempt.

(3) A person may not be excused from attending and testifying or from producing books, records, correspondence, documents, or other evidence in obedience to the subpoena of the department on the ground that the testimony or evidence required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture. However, compelled testimony or evidence or any information directly or indirectly derived from testimony or evidence may not be used against the witness in any criminal prosecution. This section does not prohibit the department from granting immunity from prosecution for or on account of any transaction, matter, or thing concerning which a witness is compelled to testify if the department determines, in its sole discretion, that the ends of justice would be served by granting immunity. Immunity may not extend to prosecution or punishment for false statements given pursuant to the subpoena.
Mont. Code Ann. § 30-14-2811 — MT Code / Title 30 / Chapter 14 / Part 28 / Section 30-14-2811
30-14-2811 Duties of controllers -- duty of care -- rebuttable presumption
Status: in_force

30-14-2811 . Duties of controllers -- duty of care -- rebuttable presumption. (1) (a) A controller that offers an online service, product, or feature to a consumer whom the controller actually knows or willfully disregards is a minor shall use reasonable care to avoid a heightened risk of harm to minors caused by the online service, product, or feature.

(b) In an enforcement action brought by the attorney general pursuant to 30-14-2817 , there is a rebuttable presumption that a controller used reasonable care as required under this section if the controller complied with this section.

(2) Unless a controller has obtained consent in accordance with subsection (3), a controller that offers an online service, product, or feature to a consumer whom the controller actually knows or willfully disregards is a minor may not:

(a) process a minor's personal data:

(i) for the purposes of:

(A) targeted advertising;

(B) the sale of personal data; or

(C) profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer;

(ii) for any processing purpose other than the processing purpose that the controller disclosed at the time the controller collected the minor's personal data or that is reasonably necessary for and compatible with the processing purpose that the controller disclosed at the time the controller collected the minor's personal data; or

(iii) for longer than is reasonably necessary to provide the online service, product, or feature;

(b) use a system design feature to significantly increase, sustain, or extend a minor's use of the online service, product, or feature; or

(c) collect a minor's precise geolocation data unless:

(i) the minor's precise geolocation data is reasonably necessary for the controller to provide the online service, product, or feature;

(ii) the controller only collects and retains the minor's precise geolocation data for the time necessary to provide the online service, product, or feature; and

(iii) the controller provides to the minor a signal indicating that the controller is collecting the minor's precise geolocation data and makes the signal available to the minor for the entire duration of the collection of the minor's precise geolocation data. This subsection (2)(c)(iii) does not apply to a service or application that is used by and under the direction of a ski area operator.

(3) (a) A controller may not engage in the activities described in subsection (2) unless the controller obtains:

(i) the minor's consent; or

(ii) if the minor is a child, the consent of the minor's parent or legal guardian. A controller that complies with the verifiable parental consent requirements established in the Children's Online Privacy Protection Act of 1998, 15 U.S.C. 6501, et seq., as amended, and the regulations, rules, guidance, and exemptions adopted pursuant to this act, as amended, is considered to have satisfied any requirement to obtain parental consent under this subsection (3)(a)(ii).

(b) (i) A controller that offers an online service, product, or feature to a consumer whom the controller actually knows or willfully disregards is a minor may not:

(A) provide a consent mechanism that is designed to substantially subvert or impair or is manipulated with the effect of substantially subverting or impairing user autonomy, decision-making, or choice; or

(B) except as provided in subsection (3)(b)(ii), offer a direct messaging apparatus for use by a minor without providing readily accessible and easy-to-use safeguards to limit the ability of an adult to send unsolicited communications to the minor with whom the adult is not connected.

(ii) Subsection (3)(b)(i)(B) does not apply to an online service, product, or feature of which the predominant or exclusive function is:

(A) electronic mail; or

(B) direct messaging consisting of text, photos, or videos that are sent between devices by electronic means in which messages are:

(I) shared between the sender and the recipient;

(II) only visible to the sender and the recipient; and

(III) not posted publicly.

(4) Subsections (2)(a) and (2)(b) do not apply to a service or application that is used by and under the direction of an educational entity, including a learning management system or a student engagement program.
Mont. Code Ann. § 30-2A-529 — MT Code / Title 30 / Chapter 2A / Part 5 / Section 30-2A-529
30-2A-529 Lessor's action for rent
Status: in_force

30-2A-529 . Lessor's action for rent. (1) After default by the lessee under the lease contract of the type described in 30-2A-523 (1) or (3)(a) or, if agreed, after other default by the lessee, if the lessor complies with subsection (2), the lessor may recover from the lessee as damages:

(a) for goods accepted by the lessee and not repossessed by or tendered to the lessor and for conforming goods lost or damaged within a commercially reasonable time after risk of loss passes to the lessee ( 30-2A-219 ):

(i) accrued and unpaid rent as of the date of entry of judgment in favor of the lessor;

(ii) the present value as of the same date of the rent for the then remaining lease term of the lease agreement; and

(iii) any incidental damages allowed under 30-2A-530 less expenses saved in consequence of the lessee's default; and

(b) for goods identified to the lease contract if the lessor is unable after reasonable effort to dispose of them at a reasonable price or the circumstances reasonably indicate that effort will be unavailing:

(i) accrued and unpaid rent as of the date of entry of judgment in favor of the lessor;

(ii) the present value as of the same date of the rent for the then remaining lease term of the lease agreement; and

(iii) any incidental damages allowed under 30-2A-530 less expenses saved in consequence of the lessee's default.

(2) Except as provided in subsection (3), the lessor shall hold for the lessee for the remaining lease term of the lease agreement any goods that have been identified to the lease contract and are in the lessor's control.

(3) The lessor may dispose of the goods at any time before collection of the judgment for damages obtained pursuant to subsection (1). If the disposition is before the end of the remaining lease term of the lease agreement, the lessor's recovery against the lessee for damages is governed by 30-2A-527 or 30-2A-528 and the lessor will cause an appropriate credit to be provided against a judgment for damages to the extent that the amount of the judgment exceeds the recovery available pursuant to 30-2A-527 or 30-2A-528 .

(4) Payment of the judgment for damages obtained pursuant to subsection (1) entitles the lessee to the use and possession of the goods not then disposed of for the remaining lease term of and in accordance with the lease agreement.

(5) If a lessee under a lease contract defaults as described in 30-2A-523 (1) or (3)(a) or, if agreed, after other default by the lessee, a lessor who is held not entitled to rent under this section must nevertheless be awarded damages for nonacceptance under 30-2A-527 or 30-2A-528 .
Mont. Code Ann. § 30-14-902 — MT Code / Title 30 / Chapter 14 / Part 9 / Section 30-14-902
30-14-902 Return of net earnings or surplus of cooperative association -- exemption of nonprofit institution from price discrimination provision
Status: in_force

30-14-902 . Return of net earnings or surplus of cooperative association -- exemption of nonprofit institution from price discrimination provision. (1) Section 30-14-901 may not be construed to prevent a cooperative association from returning to its members, producers, or consumers, in proportion to their purchases or sales from, to, or through the association, all or any part of the net earnings or surplus resulting from its trading operations.

(2) Section 30-14-901 does not apply to the purchase of supplies for its own use by a school, college, university, public library, church, hospital, or charitable institution not operated for profit.
Mont. Code Ann. § 30-12-303 — MT Code / Title 30 / Chapter 12 / Part 3 / Section 30-12-303
30-12-303 Declarations of unit price on random packages
Status: in_force

30-12-303 . Declarations of unit price on random packages. In addition to the declarations required by 30-12-302 , any commodity in package form, the package being one of a lot containing random weights, measures, or counts of the same commodity and bearing the total selling price of the package, shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure, or count.
Mont. Code Ann. § 30-4-301 — MT Code / Title 30 / Chapter 4 / Part 3 / Section 30-4-301
30-4-301 Deferred posting -- recovery of payment by return of items -- time of dishonor -- return of items by payor bank
Status: in_force

30-4-301 . Deferred posting -- recovery of payment by return of items -- time of dishonor -- return of items by payor bank. (1) If a payor bank settles for a demand item other than a documentary draft presented otherwise than for immediate payment over the counter before midnight of the banking day of receipt, the payor bank may revoke the settlement and recover any settlement if before it has paid the item in cash (subsection (1)(a) of 30-4-213 ) and before its midnight deadline it:

(a) returns the item; or

(b) sends written notice of dishonor or nonpayment if the item is unavailable for return.

(2) If a demand item is received by a payor bank for credit on its books it may return such item or send notice of dishonor and may revoke any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified in the preceding subsection.

(3) Unless previous notice of dishonor has been sent an item is dishonored at the time when for purposes of dishonor it is returned or notice sent in accordance with this section.

(4) An item is returned:

(a) as to an item presented through a clearinghouse, when it is delivered to the presenting or last collecting bank or to the clearinghouse or is sent or delivered in accordance with clearinghouse rules; or

(b) in all other cases, when it is sent or delivered to the bank's customer or transferor or pursuant to instructions.
Mont. Code Ann. § 30-20-102 — MT Code / Title 30 / Chapter 20 / Part 1 / Section 30-20-102
30-20-102 Legislative declarations of authority
Status: in_force

30-20-102 . Legislative declarations of authority. The legislature declares that the authority for this part is the following:

(1) The 10th amendment to the United States constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Montana certain powers as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those powers is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.

(2) The ninth amendment to the United States constitution guarantees to the people rights not granted in the constitution and reserves to the people of Montana certain rights as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those rights is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.

(3) The regulation of intrastate commerce is vested in the states under the 9th and 10th amendments to the United States constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition.

(4) The second amendment to the United States constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Montana was admitted to statehood in 1889, and the guaranty of the right is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.

(5) Article II, section 12, of the Montana constitution clearly secures to Montana citizens, and prohibits government interference with, the right of individual Montana citizens to keep and bear arms. This constitutional protection is unchanged from the 1889 Montana constitution, which was approved by congress and the people of Montana, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.
Mont. Code Ann. § 30-2-103 — MT Code / Title 30 / Chapter 2 / Part 1 / Section 30-2-103
30-2-103 Definitions and index of definitions
Status: in_force

30-2-103 . Definitions and index of definitions. (1) In this chapter, unless the context otherwise requires, the following definitions apply:

(a) "Buyer" means a person who buys or contracts to buy goods.

(b) "Good faith", in the case of a merchant, means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.

(c) "Receipt" of goods means taking physical possession of them.

(d) "Seller" means a person who sells or contracts to sell goods.

(2) Other definitions applying to this chapter or to specified parts thereof and the sections in which they appear are:

"Acceptance". 30-2-606 .

"Banker's credit". 30-2-325 .

"Between merchants". 30-2-104 .

"Cancellation". 30-2-106 (4).

"Commercial unit". 30-2-105 .

"Confirmed credit". 30-2-325 .

"Conforming to contract". 30-2-106 .

"Contract for sale". 30-2-106 .

"Cover". 30-2-712 .

"Entrusting". 30-2-403 .

"Financing agency". 30-2-104 .

"Future goods". 30-2-105 .

"Goods". 30-2-105 .

"Identification". 30-2-501 .

"Installment contract". 30-2-612 .

"Letter of credit". 30-2-325 .

"Lot". 30-2-105 .

"Merchant". 30-2-104 .

"Overseas". 30-2-323 .

"Person in position of seller". 30-2-707 .

"Present sale". 30-2-106 .

"Sale". 30-2-106 .

"Sale on approval". 30-2-326 .

"Sale or return". 30-2-326 .

"Termination". 30-2-106 .

(3) The following definitions in other chapters apply to this chapter:

"Check". 30-3-104 .

"Consignee". 30-7-102 .

"Consignor". 30-7-102 .

"Consumer goods". 30-9A-102 .

"Dishonor". 30-3-512 .

"Draft". 30-3-104 .

(4) In addition, chapter 1 contains general definitions and principles of construction and interpretation applicable throughout this chapter.
Mont. Code Ann. § 30-14-2015 — MT Code / Title 30 / Chapter 14 / Part 20 / Section 30-14-2015
30-14-2015 Remedies -- penalty
Status: in_force

30-14-2015 . Remedies -- penalty. (1) The remedies provided in this section are cumulative and apply to licensees and unlicensed persons to whom this part applies.

(2) Any violation of this part constitutes an unfair or deceptive trade practice and is a violation of 30-14-103 .

(3) A person found to have violated this part is liable to the person harmed for actual and consequential damages or $500, whichever is greater, for each violation, plus costs and attorney fees.

(4) A person harmed by a violation of this part may sue for injunctive and other appropriate equitable relief.

(5) A person harmed by a violation of this part may bring a class action suit.

(6) The remedies provided in this section are not intended to be the exclusive remedies available to a consumer for a violation of this part.

(7) The department, the attorney general, or a county attorney, on behalf of state residents who have suffered a loss or harm as a result of a violation of this part, may seek any remedy provided by Title 30, chapter 14, part 1.

(8) A person engaged in credit counseling in this state without a license, a person who fails to maintain a separate trust account for consumer funds, or a person who fails to maintain any records required by the provisions of this part or by department rule shall be fined an amount not to exceed $5,000 for each violation.
Mont. Code Ann. § 30-9A-807 — MT Code / Title 30 / Chapter 9A / Part 8 / Section 30-9A-807
30-9A-807 Amendment of pre-effective-date financing statement
Status: in_force

30-9A-807 . Amendment of pre-effective-date financing statement. (1) In this section, "pre-effective-date financing statement" means a financing statement filed before July 1, 2013.

(2) After July 1, 2013, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Title 30, chapter 9A. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.

(3) Except as otherwise provided in subsection (4), if the law of this state governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after July 1, 2013, only if:

(a) the pre-effective-date financing statement and an amendment are filed in the office specified in section 30-9A-501 ;

(b) an amendment is filed in the office specified in section 30-9A-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies 30-9A-806 (3); or

(c) an initial financing statement that provides the information as amended and satisfies 30-9A-806 (3) is filed in the office specified in 30-9A-501 .

(4) If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under 30-9A-805 (3) and (5) or 30-9A-806 .

(5) Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this state may be terminated after July 1, 2013, by filing a termination statement in the office in which the pre-effective-date financing statement is filed unless an initial financing statement that satisfies 30-9A-806 (3) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Title 30, chapter 9A, as the office in which to file a financing statement.
Mont. Code Ann. § 30-14-101 — MT Code / Title 30 / Chapter 14 / Part 1 / Section 30-14-101
30-14-101 Short title
Status: in_force

30-14-101 . Short title. This part shall be cited as the "Montana Unfair Trade Practices and Consumer Protection Act of 1973".
Mont. Code Ann. § 30-10-909 — MT Code / Title 30 / Chapter 10 / Part 9 / Section 30-10-909
30-10-909 Fraudulent and other prohibited practices
Status: in_force

30-10-909 . Fraudulent and other prohibited practices. It is unlawful for a person, in connection with the offer or sale of any living trust, directly or indirectly, in, into, or from this state, to:

(1) employ any device, scheme, or artifice to defraud;

(2) make any untrue statement of a material fact;

(3) fail to state a material fact necessary to render any statement made not misleading; or

(4) engage in any other act, practice, or course of business that operates or would operate as a fraud or deceit upon any person.
Mont. Code Ann. § 30-2-102 — MT Code / Title 30 / Chapter 2 / Part 1 / Section 30-2-102
30-2-102 Scope -- certain security and other transactions excluded from this chapter
Status: in_force

30-2-102 . Scope -- certain security and other transactions excluded from this chapter. (1) Unless the context otherwise requires, and except as provided in subsection (3), this chapter applies to transactions in goods and, in the case of a hybrid transaction, it applies to the extent provided in subsection (2).

(2) In a hybrid transaction:

(a) if the sale-of-goods aspects do not predominate, only the provisions of this chapter that relate primarily to the sale-of-goods aspects of the transaction apply, and the provisions that relate primarily to the transaction as a whole do not apply;

(b) if the sale-of-goods aspects predominate, this chapter applies to the transaction but does not preclude application in appropriate circumstances of other law to aspects of the transaction that do not relate to the sale of goods.

(3) This chapter does not:

(a) apply to a transaction that, even though in the form of an unconditional contract to sell or present sale, operates only to create a security interest; or

(b) impair or repeal a statute regulating sales to consumers, farmers, or other specified classes of buyers.
Mont. Code Ann. § 30-14-1411 — MT Code / Title 30 / Chapter 14 / Part 14 / Section 30-14-1411
30-14-1411 Prohibited acts and practices
Status: in_force

30-14-1411 . Prohibited acts and practices. (1) It is a violation of this part for a seller or telemarketer, purposely or knowingly, to engage in the following conduct:

(a) advertise or represent that registration as a seller or telemarketer equals an endorsement or approval by the state or any political subdivision of the state;

(b) assist, support, or provide substantial assistance to any telemarketer when the seller knew or should have known that the telemarketer was engaged in any act or practice violating 30-14-1408 or this section;

(c) request a fee in advance to remove derogatory information from or improve a person's credit history or credit record;

(d) request or receive payment in advance from a person to recover or otherwise aid in the return of money or any other item lost by the person in a prior telemarketing transaction; however, this subsection does not apply to services rendered to a person by a licensed attorney;

(e) obtain or submit for payment a check, draft, or other form of negotiable paper drawn on a person's checking, savings, bond, or other account without the person's express written authorization; or

(f) procure the services of any professional delivery, courier, or other pickup service to obtain immediate receipt or possession of a person's payment unless the goods are delivered with the opportunity to inspect them before any payment is collected.

(2) Failure to comply with the provisions of subsection (1) constitutes a violation of 30-14-103 and is subject to the penalty provisions of 30-14-1414 and the Montana Unfair Trade Practices and Consumer Protection Act of 1973.
Mont. Code Ann. § 30-14-160 — MT Code / Title 30 / Chapter 14 / Part 1 / Section 30-14-160
30-14-160 Firearms code
Status: in_force

30-14-160 . Firearms code. (1) (a) A financial institution may not require a firearms retailer in this state to use a firearms code that is different from that of a general transaction.

(b) It is the intent of this section to prohibit a financial institution from mandating firearms retailers to adopt a firearms code that is separate from a general merchandise retailer or sporting goods retailer.

(2) A violation of this section constitutes an unfair trade practice subject to the provisions of Title 30, chapter 14, and with exclusive enforcement authority by the department.

(3) For the purposes of this section, the following definitions apply:

(a) "Financial institution" means a:

(i) bank or trust company;

(ii) mutual savings and loan association;

(iii) credit union;

(iv) payment card network;

(v) online payment provider;

(vi) cryptocurrency company;

(vii) internet-based payment application;

(viii) acquirer;

(ix) payment facilitator; or

(x) similar company or institution providing financial transaction services.

(b) "Firearms code" means the merchant category code approved by the international organization for standardization for the purposes of initiating a card-based transaction for firearms retailers.

(c) "Firearms retailer" means any person or entity engaged in the lawful business of selling or trading any of the following items that are physically located in this state:

(i) firearms;

(ii) firearms parts or components;

(iii) firearms accessories;

(iv) ammunition;

(v) ammunition components, including but not limited to powder or casings; or

(vi) other products offered and sold at firearms stores.
Mont. Code Ann. § 30-8-213 — MT Code / Title 30 / Chapter 8 / Part 2 / Section 30-8-213
30-8-213 Staleness as notice of defect or defense
Status: in_force

30-8-213 . Staleness as notice of defect or defense. After an act or event, other than a call that has been revoked, creating a right to immediate performance of the principal obligation represented by a certificated security or setting a date on or after which the security is to be presented or surrendered for redemption or exchange, a purchaser is charged with notice of any defect in its issue or defense of the issuer, if the act or event:

(1) requires the payment of money, the delivery of a certificated security, the registration of transfer of an uncertificated security, or any of them on presentation or surrender of the security certificate, the money or security is available on the date set for payment or exchange, and the purchaser takes the security more than one year after that date; or

(2) is not covered by subsection (1) and the purchaser takes the security more than 2 years after the date set for surrender or presentation or the date on which performance became due.
Mont. Code Ann. § 30-14-1202 — MT Code / Title 30 / Chapter 14 / Part 12 / Section 30-14-1202
30-14-1202 Definitions
Status: in_force

30-14-1202 . Definitions. As used in this part, the following definitions apply:

(1) "Collateral costs" mean the expenses incurred by a consumer for the repair of a nonconformity, including the costs of obtaining an alternative wheelchair.

(2) "Consumer" means a person:

(a) who purchases a wheelchair from a wheelchair dealer or manufacturer for purposes other than resale;

(b) to whom the wheelchair is transferred for purposes other than resale if the transfer occurred before the expiration of an express warranty applicable to the wheelchair;

(c) who may enforce the warranty; or

(d) who leases a wheelchair from a wheelchair lessor under a written lease.

(3) "Manufacturer" means a person or an agent of a person who manufactures or assembles wheelchairs. The term includes an importer, factory branch, and any warrantor of the manufacturer's wheelchairs. The term does not include a wheelchair dealer.

(4) "Nonconformity" means a defect that substantially impairs the use, value, or safety of a wheelchair or that is covered by an express warranty applicable to the wheelchair or to components of a wheelchair. The term does not include a condition that is the result of abuse, neglect, or unauthorized modification or alteration of the wheelchair by the consumer.

(5) "Wheelchair" means a manually powered or motor-driven wheelchair, scooter, or other motorized device that is used for mobility assistance, that costs $500 or more, and that a consumer purchases or accepts by transfer.

(6) "Wheelchair dealer" means a person who is in the retail business of selling wheelchairs.
Mont. Code Ann. § 30-3-406 — MT Code / Title 30 / Chapter 3 / Part 4 / Section 30-3-406
30-3-406 Negligence contributing to forged signature or alteration of instrument
Status: in_force

30-3-406 . Negligence contributing to forged signature or alteration of instrument. (1) A person whose failure to exercise ordinary care substantially contributes to an alteration of an instrument or to the making of a forged signature on an instrument is precluded from asserting the alteration or the forgery against a person who in good faith pays the instrument or takes it for value.

(2) If the person asserting the preclusion fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss, the loss is allocated between the person precluded and the person asserting the preclusion according to the extent to which the failure of each to exercise ordinary care contributed to the loss.

(3) Under subsection (1), the burden of proving failure to exercise ordinary care is on the person asserting the preclusion. Under subsection (2), the burden of proving failure to exercise ordinary care is on the person precluded.
Mont. Code Ann. § 30-1-207 — MT Code / Title 30 / Chapter 1 / Part 2 / Section 30-1-207
30-1-207 Performance or acceptance under reservation of rights
Status: reserved

30-1-207 . Performance or acceptance under reservation of rights. (1) A party that, with explicit reservation of rights, performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice", "under protest", or the like are sufficient.

(2) Subsection (1) does not apply to an accord and satisfaction.
Mont. Code Ann. § 30-19-114 — MT Code / Title 30 / Chapter 19 / Part 1 / Section 30-19-114
30-19-114 Renegotiation of rental-purchase agreement -- extension not considered renegotiation
Status: in_force

30-19-114 . Renegotiation of rental-purchase agreement -- extension not considered renegotiation. (1) A renegotiation of an agreement must occur when an existing agreement is satisfied and replaced by a new agreement between the lessor and the consumer. A renegotiation is considered a new agreement and requires new disclosures as provided for in 30-19-110 . The following events may not be treated as a renegotiation:

(a) the addition or return of property in a multiple-item agreement or in the substitution of the rental property, if in either case the average payment allocable to a payment period is not changed by more than 25%;

(b) a deferral or extension of one or more periodic payments or portions of a periodic payment;

(c) a reduction in charges in the agreement; or

(d) an agreement involved in a court proceeding.

(2) An extension of an agreement is not a renegotiation.
Mont. Code Ann. § 30-14-1705 — MT Code / Title 30 / Chapter 14 / Part 17 / Section 30-14-1705
30-14-1705 Department to restrain unlawful acts -- penalty
Status: in_force

30-14-1705 . Department to restrain unlawful acts -- penalty. (1) Whenever the department has reason to believe that a person has violated this part and that proceeding would be in the public interest, the department may bring an action in the name of the state against the person to restrain by temporary or permanent injunction or temporary restraining order the use of the unlawful method, act, or practice upon giving appropriate notice to that person pursuant to 30-14-111 (2).

(2) The provisions of 30-14-111 (3) and (4) and 30-14-112 through 30-14-115 apply to this part.

(3) A violation of this part is a violation of 30-14-103 , and the penalties for a violation of this part are as provided in 30-14-142 .
Mont. Code Ann. § 30-14-1731 — MT Code / Title 30 / Chapter 14 / Part 17 / Section 30-14-1731
30-14-1731 Third-party contacts
Status: in_force

30-14-1731 . Third-party contacts. If a third party not enumerated in 30-14-1734 (1) requests for the purpose of an application access to a credit report on which a security freeze is in effect and the consumer has not provided a temporary lifting of a security freeze for that specific party or a period of time, the third party may treat the application as incomplete.
Mont. Code Ann. § 30-4-205 — MT Code / Title 30 / Chapter 4 / Part 2 / Section 30-4-205
30-4-205 Depositary bank holder of unindorsed item
Status: in_force

30-4-205 . Depositary bank holder of unindorsed item. If a customer is a holder of an item that is delivered to a depositary bank for collection:

(1) the depositary bank becomes a holder of the item at the time it receives the item for collection, whether or not the customer indorses, and if it satisfies the other requirements of 30-3-302 , it may be a holder in due course; and

(2) the depositary bank warrants to subsequent collecting banks, the payor bank or other payor, and the drawer that the amount of the item was paid to the customer or deposited to the customer's account.
Mont. Code Ann. § 30-14-1604 — MT Code / Title 30 / Chapter 14 / Part 16 / Section 30-14-1604
30-14-1604 Interference with caller identification service prohibited
Status: in_force

30-14-1604 . Interference with caller identification service prohibited. (1) Any person or entity who makes a telephone solicitation to the telephone line of any residential subscriber in this state shall, at the beginning of the call, state clearly the identity of the person or entity initiating the call.

(2) A person or entity who makes a telephone solicitation to the telephone line of a residential subscriber in this state may not knowingly use any method to block or otherwise circumvent the residential subscriber's use of a caller identification service.
Mont. Code Ann. § 30-2-318 — MT Code / Title 30 / Chapter 2 / Part 3 / Section 30-2-318
30-2-318 Third-party beneficiaries of warranties express or implied
Status: in_force

30-2-318 . Third-party beneficiaries of warranties express or implied. A seller's warranty whether express or implied extends to any natural person who is in the family or household of the buyer or who is a guest in the buyer's home if it is reasonable to expect that the person may use, consume or be affected by the goods and who is injured in person by breach of the warranty. A seller may not exclude or limit the operation of this section.
Mont. Code Ann. § 30-4A-205 — MT Code / Title 30 / Chapter 4A / Part 2 / Section 30-4A-205
30-4A-205 Erroneous payment orders
Status: in_force

30-4A-205 . Erroneous payment orders. (1) If an accepted payment order was transmitted pursuant to a security procedure for the detection of error and the payment order erroneously instructed payment to a beneficiary not intended by the sender, erroneously instructed payment in an amount greater than the amount intended by the sender, or was an erroneously transmitted duplicate of a payment order previously sent by the sender, the following rules apply:

(a) If the sender proves that the sender or a person acting on behalf of the sender pursuant to 30-4A-206 complied with the security procedure and that the error would have been detected if the receiving bank had also complied, the sender is not obliged to pay the order to the extent stated in subsections (1)(b) and (1)(c).

(b) Except as provided in subsection (1)(c), if the funds transfer is completed on the basis of an erroneous payment order described in subsection (1), the sender is not obliged to pay the order and the receiving bank is entitled to recover from the beneficiary any amount paid to the beneficiary to the extent allowed by the law governing mistake and restitution.

(c) If the funds transfer is completed on the basis of a payment order erroneously instructing payment in an amount greater than the amount intended by the sender, as described in subsection (1), the sender is not obliged to pay the order to the extent the amount received by the beneficiary is greater than the amount intended by the sender. In that case, the receiving bank is entitled to recover from the beneficiary the excess amount received to the extent allowed by the law governing mistake and restitution.

(2) If the sender of an erroneous payment order described in subsection (1) is not obliged to pay all or part of the order and the sender receives notification from the receiving bank that the order was accepted by the bank or that the sender's account was debited with respect to the order, the sender has a duty to exercise ordinary care, on the basis of information available to the sender, to discover the error with respect to the order and to advise the bank of the relevant facts within a reasonable time, not exceeding 90 days, after the bank's notification was received by the sender. If the bank proves that the sender failed to perform that duty, the sender is liable to the bank for the loss the bank proves it incurred as a result of the failure, but the liability of the sender may not exceed the amount of the sender's order.

(3) This section applies to amendments to payment orders to the same extent it applies to payment orders.
Mont. Code Ann. § 30-14-135 — MT Code / Title 30 / Chapter 14 / Part 1 / Section 30-14-135
30-14-135 Statute of limitations
Status: in_force

30-14-135 . Statute of limitations. Actions brought by the department to enforce this part are subject to the statute of limitations pursuant to 27-2-231 .
Mont. Code Ann. § 30-13-212 — MT Code / Title 30 / Chapter 13 / Part 2 / Section 30-13-212
30-13-212 Filing application for reservation of assumed business name -- issuance of certificate
Status: in_force

30-13-212 . Filing application for reservation of assumed business name -- issuance of certificate. The applicant shall complete and submit an application for reservation of an assumed business name and all applicable fees to the secretary of state. If the secretary of state finds the application complies with the provisions of this part, the secretary of state shall:

(1) endorse on the application the word "filed" and the date on which the application was filed;

(2) file the application in the secretary of state's office; and

(3) issue a certificate of reservation to the applicant.
Mont. Code Ann. § 30-10-104 — MT Code / Title 30 / Chapter 10 / Part 1 / Section 30-10-104
30-10-104 Exempt securities
Status: in_force

30-10-104 . Exempt securities. Sections 30-10-202 through 30-10-207 and 30-10-211 do not apply to any of the following securities:

(1) any security, including a revenue obligation, issued or guaranteed by the United States, any state, any political subdivision of a state, or any agency or corporate or other instrumentality of one or more of those entities. However, 30-10-202 through 30-10-207 and 30-10-211 apply to a security issued by any of those entities that is payable solely from payments to be received in respect to property or money used under a lease, sale, or loan arrangement by or for a nongovernmental industrial or commercial enterprise unless the enterprise or any security of which it is the issuer is within any of the exemptions listed in subsections (2) through (15).

(2) any security issued or guaranteed by Canada, a Canadian province, a political subdivision of a province, or an agency or corporate or other instrumentality of one or more of those entities or any other foreign government with which the United States currently maintains diplomatic relations if the security is recognized as a valid obligation by the issuer or guarantor;

(3) any security issued by and representing an interest in or a debt of or guaranteed by a bank organized under the laws of the United States or a bank, savings institution, or trust company organized and supervised under the laws of any state;

(4) any security issued by and representing an interest in, or a debt of, or guaranteed by a federal savings and loan association or a building and loan or similar association organized under the laws of any state and authorized to do business in this state;

(5) any security issued or guaranteed by a federal credit union or a credit union, industrial loan association, or similar association organized and supervised under the laws of this state;

(6) any security issued or guaranteed by a railroad, other common carrier, public utility, or holding company that is:

(a) subject to the jurisdiction of the federal surface transportation board;

(b) a registered holding company under the Energy Policy Act of 2005 or a subsidiary of a registered holding company within the meaning of that act;

(c) regulated in respect of its rates and charges by a governmental authority of the United States or any state or municipality; or

(d) regulated in respect to the issuance or guarantee of the security by a governmental authority of the United States, any state, Canada, or any Canadian province. A security referred to under this subsection (6)(d) includes equipment trust certificates in respect to equipment conditionally sold or leased to a railroad or public utility if other securities issued by the railroad or public utility would be exempt under this subsection (6)(d).

(7) any security that meets all of the following conditions:

(a) if the issuer is not organized under the laws of the United States or a state, it has appointed an authorized agent in the United States for service of process and has set forth the name and address of the agent in its prospectus;

(b) a class of the issuer's securities is required to be and is registered under section 12 of the Securities Exchange Act of 1934 and has been registered for the 3 years immediately preceding the offering date;

(c) the issuer or a significant subsidiary has not had a material default during the last 7 years, or during the issuer's existence if that period is less than 7 years, in the payment of:

(i) principal, interest, dividend, or sinking fund installment on preferred stock or indebtedness for borrowed money; or

(ii) rentals under leases with terms of 3 years or more;

(d) the issuer has had consolidated net income, before extraordinary items and the cumulative effect of accounting changes, of at least $1 million in 4 of its last 5 fiscal years, including its last fiscal year, and if the offering is of interest-bearing securities, has had for its last fiscal year consolidated net income, before deduction for income taxes and depreciation, of at least 1 1/2 times the issuer's annual interest expense, giving effect to the proposed offering and the intended use of the proceeds. "Last fiscal year", as used in this subsection (7)(d), means the most recent year for which audited financial statements are available provided that the statements cover a fiscal period that ended not more than 15 months from the commencement of the offering.

(e) if the offering is of stock or shares, other than preferred stock or shares, the securities have voting rights and rights including the right to have at least as many votes per share and the right to vote on at least as many general corporate decisions as each of the issuer's outstanding classes of stock or shares except as otherwise required by law;

(f) if the offering is of stock or shares, other than preferred stock or shares, the securities are owned beneficially or of record on any date within 6 months prior to the commencement of the offering by at least 1,200 persons and on that date there are at least 750,000 of the shares outstanding with an aggregate market value, based on the average bid price for that day, of at least $3,750,000. In connection with the determination of the number of persons who are beneficial owners of the stock or shares of an issuer, the issuer or broker-dealer may rely in good faith for the purposes of this section upon written information furnished by the record owners.

(8) any security issued by a person organized and operated not for private profit but exclusively for religious, educational, benevolent, charitable, fraternal, social, athletic, or reformatory purposes;

(9) any commercial paper that arises out of a current transaction or the proceeds of which have been or are to be used for the current transaction and that evidences an obligation to pay cash within 9 months of the date of issuance, exclusive of days of grace, or any renewal of the paper that is likewise limited or any guarantee of the paper or of any renewal when the commercial paper is sold to banks or insurance companies;

(10) any investment contract issued in connection with an employee's stock purchase, savings, pension, profit-sharing, or similar benefit plan;

(11) any security for which the commissioner determines by order that an exemption would better serve the purposes of 30-10-102 than would registration. The fee for this exemption must be as prescribed in 30-10-209 (4).

(12) any security listed or approved for listing on a stock exchange registered with the federal securities and exchange commission, any other security of the same issuer that is of senior or substantially equal rank, any security called for by subscription rights or warrants listed or approved for listing as provided in this subsection, or any warrant or right to purchase or subscribe to any of the securities listed in this subsection. The commissioner may by rule or order limit, restrict, or otherwise condition the terms under which any security may be exempt under this subsection.

(13) any national market system security listed or approved for listing upon notice of issuance on the national association of securities dealers automated quotation system or any other national quotation system approved by the commissioner, any other security of the same issuer that is of senior or substantially equal rank, any security called for by subscription rights or warrants listed or approved for listing as provided in this subsection, or any warrant or right to purchase or subscribe to any of the securities listed in this subsection. The commissioner may by rule or order limit, restrict, or otherwise condition the terms under which any security may be exempt under this subsection.

(14) any security issued by and representing an interest in, or a debt of, or any security guaranteed by any insurer organized and authorized to transact business under the laws of any state;

(15) any security for which an offer or sale is not directed to or received by a person in this state when the issuer does not maintain a place of business in the state.
Mont. Code Ann. § 30-8-119 — MT Code / Title 30 / Chapter 8 / Part 1 / Section 30-8-119
30-8-119 Warranties in indirect holding
Status: in_force

30-8-119 . Warranties in indirect holding. (1) A person who originates an entitlement order to a securities intermediary warrants to the securities intermediary that:

(a) the entitlement order is made by an appropriate person, or if the entitlement order is by an agent, the agent has actual authority to act on behalf of the appropriate person; and

(b) there is no adverse claim to the security entitlement.

(2) A person who delivers a security certificate to a securities intermediary for credit to a securities account or originates an instruction with respect to an uncertificated security directing that the uncertificated security be credited to a securities account makes to the securities intermediary the warranties specified in 30-8-118 (1) or (2).

(3) If a securities intermediary delivers a security certificate to its entitlement holder or causes its entitlement holder to be registered as the owner of an uncertificated security, the securities intermediary makes to the entitlement holder the warranties specified in 30-8-118 (1) or (2).
Mont. Code Ann. § 30-12-306 — MT Code / Title 30 / Chapter 12 / Part 3 / Section 30-12-306
30-12-306 Sale by net weight
Status: in_force

30-12-306 . Sale by net weight. (1) If a commodity is sold on the basis of weight, the net weight of the commodity must be employed and all contracts concerning commodities must be construed on the basis of net weight.

(2) The net weight of a commodity being transported by any combination of truck, truck tractor, trailer, or semitrailer, as those terms are defined in 61-1-101 , may be determined by split weighing the combination pursuant to 30-12-107 . All disclosure, reporting, or listing of the net weight of a commodity determined by split weighing must state that the net weight was determined by split weighing.
Mont. Code Ann. § 30-14-604 — MT Code / Title 30 / Chapter 14 / Part 6 / Section 30-14-604
30-14-604 Violation as misdemeanor
Status: in_force

30-14-604 . Violation as misdemeanor. Any person who violates this part is guilty of a misdemeanor.
Mont. Code Ann. § 30-12-204 — MT Code / Title 30 / Chapter 12 / Part 2 / Section 30-12-204
30-12-204 Testing at state-supported institutions
Status: in_force

30-12-204 . Testing at state-supported institutions. The department shall from time to time test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which moneys are appropriated by the legislature, reporting its findings in writing to the executive officer of the institution concerned.
Mont. Code Ann. § 30-9A-107B — MT Code / Title 30 / Chapter 9A / Part 1 / Section 30-9A-107B
30-9A-107B No requirement to acknowledge or confirm -- no duties
Status: in_force

30-9A-107B . No requirement to acknowledge or confirm -- no duties. (1) A person that has control under 30-9A-104 or 30-9A-105 is not required to acknowledge that it has control on behalf of another person.

(2) If a person acknowledges that it has or will obtain control on behalf of another person, unless the person otherwise agrees or law other than this chapter otherwise provides, the person does not owe any duty to the other person and is not required to confirm the acknowledgment to any other person.
Mont. Code Ann. § 30-10-904 — MT Code / Title 30 / Chapter 10 / Part 9 / Section 30-10-904
30-10-904 Licensure -- exemption
Status: in_force

30-10-904 . Licensure -- exemption. (1) A person may not offer or sell a living trust in this state unless the person:

(a) is registered as an investment adviser or investment adviser representative under 30-10-201 ; and

(b) has applied for and been granted a license under this section.

(2) Subsection (1) does not apply to the preparation, acceptance, or discussion of a living trust for an individual client, when the preparation of the living trust is based upon the client's particular financial circumstance, by:

(a) an attorney licensed to practice law in this state;

(b) an employee of a state or national bank with trust powers or a trust corporation; or

(c) a person on behalf of an educational, charitable, or religious institution, when done in conjunction with an attorney licensed to practice law in this state.

(3) In any proceeding under this part, the burden of proving that a person preparing a living trust is excluded from the license requirement is on the person claiming the exclusion.

(4) A person may apply for a license to offer and sell living trusts by filing an application in the form that the state auditor prescribes and paying the fee required in subsection (5).

(5) The state auditor shall issue a license to offer or sell a living trust to a person who:

(a) is registered as an investment adviser or investment adviser representative under 30-10-201 ;

(b) correctly files an application for the license with the state auditor; and

(c) pays an application fee in the same amount as the amount paid by the person for original registration as an investment adviser or investment adviser representative.

(6) The state auditor may issue an order denying, suspending, or revoking the effectiveness of any pending application or approved license if any provision of this part or any rule, order, or condition imposed by this part has been willfully violated in connection with the offer or sale of a living trust by a person involved in the assembling, drafting, executing, offering, or selling of the living trust.

(7) The license is effective until December 31 following issuance of the license or until another date that the state auditor establishes by rule unless the license is suspended or revoked.

(8) A person may renew a license annually, prior to the termination date of the license, if the person:

(a) is registered as an investment adviser or investment adviser representative under 30-10-201 ; and

(b) pays a renewal fee in the same amount as the amount paid by the person for annual renewal as an investment adviser or investment adviser representative.
Mont. Code Ann. § 30-2-710 — MT Code / Title 30 / Chapter 2 / Part 7 / Section 30-2-710
30-2-710 Seller's incidental damages
Status: in_force

30-2-710 . Seller's incidental damages. Incidental damages to an aggrieved seller include any commercially reasonable charges, expenses or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the buyer's breach, in connection with return or resale of the goods or otherwise resulting from the breach.
Mont. Code Ann. § 30-20-202 — MT Code / Title 30 / Chapter 20 / Part 2 / Section 30-20-202
30-20-202 Legislative findings
Status: reserved

30-20-202 . Legislative findings. (1) In recognition that the people of Montana have reserved to themselves the individual right to bear arms in Article II, section 12, of the Montana constitution, the legislature finds that both this right and the firearms that the people possess are at serious risk if the people cannot obtain ammunition for firearms. An adequate source of ammunition is an indivisible and essential part of the right to bear arms. The people of Montana are totally dependent upon a very few manufacturers of smokeless propellant, small arms primers, and cartridge cases located in other states for small arms ammunition used in Montana.

(2) The legislature intends to encourage the manufacture of smokeless propellant, small arms primers, and cartridge cases within the borders of Montana to ensure availability of small arms ammunition for the people of Montana and to fully implement the right to bear arms that the people have reserved to themselves.
Mont. Code Ann. § 30-11-215 — MT Code / Title 30 / Chapter 11 / Part 2 / Section 30-11-215
30-11-215 Manufacturer's warranty against latent defects
Status: in_force

30-11-215 . Manufacturer's warranty against latent defects. A person who sells or agrees to sell an article of the person's own manufacture warrants the article to be free from any latent defect, not disclosed to the buyer, arising from the process of manufacture and also that the person or the person's agent in the manufacture has not knowingly used improper materials in the manufacture.
Mont. Code Ann. § 30-9A-514 — MT Code / Title 30 / Chapter 9A / Part 5 / Section 30-9A-514
30-9A-514 Assignment powers of secured party of record
Status: in_force

30-9A-514 . Assignment powers of secured party of record. (1) Except as otherwise provided in subsection (3), an initial financing statement may reflect an assignment of all of the secured party's power to authorize an amendment to the financing statement by providing the name and mailing address of the assignee as the name and address of the secured party.

(2) Except as otherwise provided in subsection (3), a secured party of record may assign of record all or part of its power to authorize an amendment to a financing statement by filing in the filing office an amendment of the financing statement that:

(a) identifies, by its file number, the initial financing statement to which it relates;

(b) provides the name of the assignor; and

(c) provides the name and mailing address of the assignee.

(3) An assignment of record of a security interest in a fixture covered by a real property mortgage that is effective as a fixture filing under 30-9A-502 (3) may be made only by an assignment of record of the mortgage in the manner provided by law of this state other than chapters 1 through 9A.
Mont. Code Ann. § 30-2A-509 — MT Code / Title 30 / Chapter 2A / Part 5 / Section 30-2A-509
30-2A-509 Lessee's rights on improper delivery -- rightful rejection
Status: in_force

30-2A-509 . Lessee's rights on improper delivery -- rightful rejection. (1) Subject to the provisions of 30-2A-510 on default in installment lease contracts, if the goods or the tender or delivery fail in any respect to conform to the lease contract, the lessee may reject or accept the goods or accept any commercial unit or units and reject the rest of the goods.

(2) Rejection of goods is ineffective unless it is within a reasonable time after tender or delivery of the goods and the lessee seasonably notifies the lessor.
Mont. Code Ann. § 30-16-103 — MT Code / Title 30 / Chapter 16 / Part 1 / Section 30-16-103
30-16-103 Definitions
Status: in_force

30-16-103 . Definitions. As used in this chapter, the following definitions apply:

(1) "Board of review" means the body established to provide policy direction to the department of revenue in designing and recommending to the legislature the implementation of a plan for a business registration and licensing system.

(2) "Department" means the department of revenue established in 2-15-1301 .

(3) (a) "License" means the whole or part of any agency permit, license, certificate, approval, registration, or charter or any form or permission required by law or administrative rule to engage in any retail, wholesale, consumer service, manufacturing, or distributing activity, including the production of energy using an alternative renewable energy source as defined in 15-6-225 .

(b) License does not include licenses, permits, or registrations issued under Title 30, chapter 10, parts 1 through 3, Title 33, Title 37, and Title 75, chapters 1 through 3, 5 through 7, 10, 15, 16, and 20, which are excluded from the coverage of this chapter.

(4) "Person" means an individual, sole proprietorship, partnership, association, cooperative, limited liability company, corporation, nonprofit organization, state or local government agency, or any other organization required to register with the state to do business in Montana and to obtain one or more licenses from the state or any of its agencies.

(5) "Plan" means the business registration and licensing system and the procedures developed by the board of review that are under the administrative control of the department.
Mont. Code Ann. § 30-14-1305 — MT Code / Title 30 / Chapter 14 / Part 13 / Section 30-14-1305
30-14-1305 Required disclosure -- vehicle theft protection product warranties
Status: in_force

30-14-1305 . Required disclosure -- vehicle theft protection product warranties. (1) Vehicle theft protection product warranties offered, issued, made, proposed to be made, or administered in this state must be written, printed, or typed in clear, understandable language that is easy to read and must disclose the following, as applicable:

(a) the name and address of the warrantor, the seller of the vehicle theft protection product, and the vehicle theft protection product warranty holder;

(b) the total purchase price of the vehicle theft protection product and the terms under which it is to be paid, however, the purchase price is not required to be preprinted on the vehicle theft protection product warranty and may be negotiated with the consumer at the time of sale;

(c) the procedure for making a claim, including a telephone number for the warrantor or administrator responsible for processing the claim;

(d) the payments or performance to be provided under the warranty, including payments for incidental costs, the manner of calculation or determination of payments or performance, and any limitations, exceptions, or exclusions. Incidental costs may be reimbursed under the provisions of the warranty in either a fixed amount specified in the warranty or sales agreement or by the use of a formula itemizing specific incidental costs incurred by the vehicle theft protection product warranty holder.

(e) the obligations and duties of the vehicle theft protection product warranty holder, such as the duty to protect against any further damage to the vehicle, the obligation to notify the warrantor in advance of any repair, or other similar requirements, if any;

(f) any terms, restrictions, or conditions governing transferability and cancellation of the warranty, if any. A warrantor may only cancel a vehicle theft protection product warranty if the vehicle theft protection product warranty holder does any of the following:

(i) fails to pay for the vehicle theft protection product;

(ii) makes a material misrepresentation to the seller of the vehicle theft protection product or to the warrantor;

(iii) commits fraud related to the purchase of the vehicle theft protection product, registration of the vehicle theft protection product warranty, or a claim made under the vehicle theft protection product warranty;

(iv) substantially breaches the vehicle theft protection product warranty holder's duties under the warranty;

(v) fails to make required payments on the vehicle so that the vehicle is repossessed; and

(vi) damages the vehicle in such a way so that the vehicle is considered a total loss.

(2) A vehicle theft protection product warranty that is insured by a reimbursement insurance policy pursuant to 30-14-1302 (2)(a) must contain the following items:

(a) a statement that is in a form identical or similar to the following: "This contract is not insurance and is not subject to the insurance laws of this state";

(b) that the obligations of the warrantor are insured under a reimbursement insurance policy;

(c) that if a warrantor fails to perform or make a payment due under the terms of the warranty within 60 days after the vehicle theft protection product warranty holder requests performance or payment pursuant to the terms of the warranty, the vehicle theft protection product warranty holder may request performance or payment directly from the warrantor's reimbursement insurance policy insurer; and

(d) the name, address, and telephone number of the warrantor's reimbursement insurance policy insurer.

(3) Vehicle theft protection product warranties not insured under a reimbursement insurance policy pursuant to 30-14-1302 (2)(a) must contain a statement that is in a form identical or similar to the following: "The obligations of the warrantor under this warranty are backed by the full faith and credit of the warrantor."
Mont. Code Ann. § 30-14-113 — MT Code / Title 30 / Chapter 14 / Part 1 / Section 30-14-113
30-14-113 Investigative demand
Status: in_force

30-14-113 . Investigative demand. (1) When it appears to the department that the person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this part or when the department believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this part, the department may execute in writing and cause to be served upon any person who is believed to have information, documentary material, or physical evidence relevant to the alleged or suspected violation an investigative demand. The demand requires the person to furnish, under oath or otherwise, a report in writing setting forth the relevant facts and circumstances of which the person has knowledge or to appear and testify or to produce relevant documentary material or physical evidence for examination, at a reasonable time and place as may be stated in the investigative demand, concerning the advertisement, sale, or offering for sale of any goods or services or the conduct of any trade or commerce that is the subject matter of the investigation.

(2) At any time before the return date specified in an investigative demand or within 20 days after the demand has been served, whichever period is shorter, a petition to extend the return date or to modify or set aside the demand, stating good cause, may be filed in the district court of the county in which the person served with the demand resides or has a principal place of business or in the district court of Lewis and Clark County.
Mont. Code Ann. § 30-10-320 — MT Code / Title 30 / Chapter 10 / Part 3 / Section 30-10-320
30-10-320 Prohibition of referral fees
Status: in_force

30-10-320 . Prohibition of referral fees. A broker, dealer, or person associated with a broker or dealer, may not solicit or accept, directly or indirectly, remuneration for assisting an attorney in obtaining the representation of any person in any private action under this part or under the Securities Act of 1933, 15 U.S.C. 77a, et seq.
Mont. Code Ann. § 30-12-103 — MT Code / Title 30 / Chapter 12 / Part 1 / Section 30-12-103
30-12-103 State standards of weight and measure
Status: in_force

30-12-103 . State standards of weight and measure. Those weights and measures in conformity with the standards of the United States as have been supplied to the state by the federal government or otherwise obtained by this state for use as state standards are, when they have been certified as being satisfactory for use as such by the national institute of standards and technology, the state standards of weight and measure. The state standards must be kept in a safe and suitable place in the office or laboratory of the department. They may not be removed from there except for repairs or for certification.
Mont. Code Ann. § 30-11-702 — MT Code / Title 30 / Chapter 11 / Part 7 / Section 30-11-702
30-11-702 Repurchase of inventory items upon cancellation of dealership or distribution contract
Status: in_force

30-11-702 . Repurchase of inventory items upon cancellation of dealership or distribution contract. (1) Upon cancellation of a written dealership contract between a retailer and a wholesaler, manufacturer, or distributor, the wholesaler, manufacturer, or distributor shall, at the retailer's request, pay to the retailer, or credit to the retailer's account if the retailer has outstanding any sums owing the wholesaler, manufacturer, or distributor, an amount equal to:

(a) 100% of the net cost of all new, undamaged, and complete inventory items held by the dealer at the time of cancellation, including vehicles with less than 1,000 miles on the odometer, plus cost of freight to return the inventory; and

(b) 100% of the current net price of each repair part carried on the most recent price list or catalog or the last catalog or price list in which the repair part was listed as provided by the manufacturer or distributor and held by the dealer at the time of cancellation, plus cost of freight to return the repair parts.

(2) Upon cancellation of a written distribution contract entered into between a wholesaler and a manufacturer or distributor, the manufacturer or distributor shall, at the wholesaler's request, pay to the wholesaler, or credit to the wholesaler's account if the wholesaler has outstanding any sums owing to the manufacturer or distributor, an amount equal to:

(a) 100% of the net cost of all new, undamaged, and complete inventory items, except repair parts, held by the wholesaler at the time of cancellation, including vehicles with less than 1,000 miles on the odometer; and

(b) 100% of the current net price of each repair part carried on the most recent price list or catalog or the last catalog or price list in which the repair part was listed as provided by the manufacturer or distributor and held by the wholesaler at the time of cancellation.

(3) Payment or allowance of credit to the retailer's or wholesaler's account of the sum required in subsection (1) or (2) must be made within 60 days of the retailer's or wholesaler's repurchase request. Title to such inventory items passes to the wholesaler, manufacturer, or distributor upon making such payment.

(4) A manufacturer or distributor has 30 days from the date of the repurchase request to complete, at the retailer's or wholesaler's place of business, an inventory, evaluation, and analysis of the items for which the retailer or wholesaler requests compensation under subsection (3). The retailer or wholesaler shall, on request, make all of the items available to the manufacturer or distributor, at the retailer's or wholesaler's place of business during normal business hours, to complete an inventory, evaluation, and analysis. The 30-day deadline must be tolled during delays caused by acts of God, fire, flood, blackouts, riots, or terrorist acts.
Mont. Code Ann. § 30-4A-106 — MT Code / Title 30 / Chapter 4A / Part 1 / Section 30-4A-106
30-4A-106 Time payment order is received
Status: in_force

30-4A-106 . Time payment order is received. (1) The time of receipt of a payment order or communication canceling or amending a payment order is determined by the rules applicable to receipt of a notice stated in 30-1-210 . A receiving bank may fix a cutoff time or times on a funds-transfer business day for the receipt and processing of payment orders and communications canceling or amending payment orders. Different cutoff times may apply to payment orders, cancellations, or amendments or to different categories of payment orders, cancellations, or amendments. A cutoff time may apply to senders generally or different cutoff times may apply to different senders or categories of payment orders. If a payment order or communication canceling or amending a payment order is received after the close of a funds-transfer business day or after the appropriate cutoff time on a funds-transfer business day, the receiving bank may treat the payment order or communication as received at the opening of the next funds-transfer business day.

(2) If this chapter refers to an execution date or payment date or state a day on which a receiving bank is required to take action and the date or day does not fall on a funds-transfer business day, the next day that is a funds-transfer business day is treated as the date or day stated, unless the contrary is stated in this chapter.
Mont. Code Ann. § 30-9A-336 — MT Code / Title 30 / Chapter 9A / Part 3 / Section 30-9A-336
30-9A-336 Commingled goods
Status: in_force

30-9A-336 . Commingled goods. (1) In this section, "commingled goods" means goods that are physically united with other goods in such a manner that their identity is lost in a product or mass.

(2) A security interest does not exist in commingled goods as such. However, a security interest may attach to a product or mass that results when goods become commingled goods.

(3) If collateral becomes commingled goods, a security interest attaches to the product or mass.

(4) If a security interest in collateral is perfected before the collateral becomes commingled goods, the security interest that attaches to the product or mass under subsection (3) is perfected.

(5) Except as otherwise provided in subsection (6), the other provisions of this part, as applicable, determine the priority of a security interest that attaches to the product or mass under subsection (3).

(6) If more than one security interest attaches to the product or mass under subsection (3), the following rules determine priority:

(a) A security interest that is perfected under subsection (4) has priority over a security interest that is unperfected at the time the collateral becomes commingled goods.

(b) If more than one security interest is perfected under subsection (4), the security interests rank equally in proportion to the value of the collateral at the time it became commingled goods.
Mont. Code Ann. § 30-14-1701 — MT Code / Title 30 / Chapter 14 / Part 17 / Section 30-14-1701
30-14-1701 Purpose
Status: in_force

30-14-1701 . Purpose. The purpose of 30-14-1701 through 30-14-1705 , 30-14-1712 , and 30-14-1713 is to enhance the protection of individual privacy and to impede identity theft as prohibited by 45-6-332 .
Mont. Code Ann. § 30-14-2804 — MT Code / Title 30 / Chapter 14 / Part 28 / Section 30-14-2804
30-14-2804 Exemptions
Status: in_force

30-14-2804 . Exemptions. (1) This part does not apply to any:

(a) body, authority, board, bureau, commission, district, or agency of this state or any political subdivision of this state;

(b) nonprofit organization that is established to detect and prevent fraudulent acts in connection with insurance;

(c) institution of higher education;

(d) national securities association that is registered under 15 U.S.C. 78o-3 of the federal Securities Exchange Act of 1934, as amended;

(e) state or federally chartered bank or credit union or an affiliate or subsidiary that is principally engaged in financial activities as described in 12 U.S.C. 1843(k);

(f) personal data collected, processed, sold, or disclosed in accordance with, Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. 6801, et seq.;

(g) covered entity or business associate as defined in the privacy regulations of the federal Health Insurance Portability and Accountability Act of 1996, 45 CFR 160.103; or

(h) insurer as defined in 33-1-201 , an insurance producer as defined in 33-17-102 , a third-party administrator of self-insurance, or an affiliate or subsidiary of an entity identified in this subsection (1)(h) that is principally engaged in financial activities as described in 12 U.S.C. 1843(k), except that this subsection (1)(h) does not apply to a person who, alone or in combination with another person, establishes and maintains a self-insurance program that does not otherwise engage in the business of entering into policies of insurance.

(2) Information and data exempt from this part include:

(a) protected health information under the privacy regulations of the federal Health Insurance Portability and Accountability Act of 1996;

(b) patient-identifying information for the purposes of 42 U.S.C. 290dd-2;

(c) identifiable private information for the purposes of the federal policy for the protection of human subjects of 1991, 45 CFR, part 46;

(d) identifiable private information that is otherwise information collected as part of human subjects research pursuant to the good clinical practice guidelines issued by the international council for harmonisation of technical requirements for pharmaceuticals for human use;

(e) the protection of human subjects under 21 CFR, parts 6, 50, and 56, or personal data used or shared in research as defined in the federal Health Insurance Portability and Accountability Act of 1996, 45 CFR 164.501, that is conducted in accordance with the standards set forth in this subsection (2)(e), or other research conducted in accordance with applicable law;

(f) information and documents created for the purposes of the Health Care Quality Improvement Act of 1986, 42 U.S.C. 11101, et seq.;

(g) patient safety work products for the purposes of the Patient Safety and Quality Improvement Act of 2005, 42 U.S.C. 299b-21, et seq., as amended;

(h) information derived from any of the health care-related information listed in this subsection (2) that is:

(i) de-identified in accordance with the requirements for de-identification pursuant to the privacy regulations of the federal Health Insurance Portability and Accountability Act of 1996; or

(ii) included in a limited data set as described in 45 CFR 164.514(e), to the extent that the information is used, disclosed, and maintained in a manner specified in 45 CFR 164.514(e);

(i) information originating from and intermingled to be indistinguishable with or information treated in the same manner as information exempt under this subsection (2) that is maintained by a covered entity or business associate as defined in the privacy regulations of the federal Health Insurance Portability and Accountability Act of 1996, 45 CFR 160.103, or a program or qualified service organization, as specified in 42 U.S.C. 290dd-2, as amended;

(j) information used for public health activities and purposes as authorized by the federal Health Insurance Portability and Accountability Act of 1996, community health activities, and population health activities;

(k) the collection, maintenance, disclosure, sale, communication, or use of any personal information bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a consumer reporting agency, furnisher, or user that provides information for use in a consumer report and by a user of a consumer report, but only to the extent that the activity is regulated by and authorized under the Fair Credit Reporting Act, 15 U.S.C. 1681, as amended;

(l) personal data collected, processed, sold, or disclosed in compliance with the Driver's Privacy Protection Act of 1994, 18 U.S.C. 2721, et seq., as amended;

(m) personal data regulated by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g, et seq., as amended;

(n) personal data collected, processed, sold, or disclosed in compliance with the Farm Credit Act of 1993, 12 U.S.C. 2001, et seq., as amended;

(o) data processed or maintained:

(i) by an individual applying to, employed by, or acting as an agent or independent contractor of a controller, processor, or third party to the extent that the data is collected and used within the context of that role;

(ii) as the emergency contact information of an individual under this part and used for emergency contact purposes; or

(iii) that is necessary to retain to administer benefits for another individual relating to the individual who is the subject of the information under subsection (2)(a) and is used for the purposes of administering the benefits; and

(p) personal data collected, processed, sold, or disclosed in relation to price, route, or service, as these terms are used in the Airline Deregulation Act of 1978, 49 U.S.C. 40101, et seq., as amended, by an air carrier subject to the Airline Deregulation Act of 1978, to the extent this part is preempted by the Airline Deregulation Act of 1978, 49 U.S.C. 41713, as amended.

(3) Controllers and processors that comply with the verifiable parental consent requirements of the Children's Online Privacy Protection Act of 1998, 15 U.S.C. 6501, et seq., shall be considered compliant with any obligation to obtain parental consent pursuant to this part.
Mont. Code Ann. § 30-11-203 — MT Code / Title 30 / Chapter 11 / Part 2 / Section 30-11-203
30-11-203 Delivery on demand
Status: in_force

30-11-203 . Delivery on demand. A person who sells personal property, whether it was in the person's possession at the time of sale or not, shall put it into a condition fit for delivery and deliver it to the buyer within a reasonable time after demand, unless the person has a lien on the property.
Mont. Code Ann. § 30-2-306 — MT Code / Title 30 / Chapter 2 / Part 3 / Section 30-2-306
30-2-306 Output, requirements and exclusive dealings
Status: in_force

30-2-306 . Output, requirements and exclusive dealings. (1) A term which measures the quantity by the output of the seller or the requirements of the buyer means such actual output or requirements as may occur in good faith, except that no quantity unreasonably disproportionate to any stated estimate or in the absence of a stated estimate to any normal or otherwise comparable prior output or requirements may be tendered or demanded.

(2) A lawful agreement by either the seller or the buyer for exclusive dealing in the kind of goods concerned imposes unless otherwise agreed an obligation by the seller to use best efforts to supply the goods and by the buyer to use best efforts to promote their sale.
Mont. Code Ann. § 30-12-212 — MT Code / Title 30 / Chapter 12 / Part 2 / Section 30-12-212
30-12-212 Noncommercial inspections -- fees
Status: in_force

30-12-212 . Noncommercial inspections -- fees. Subject to the availability of resources and upon payment of a fee commensurate with the costs of inspection, the department may inspect noncommercial weighing and measuring devices. Fees collected under this section must be deposited in the state general fund.
Mont. Code Ann. § 30-14-1102 — MT Code / Title 30 / Chapter 14 / Part 11 / Section 30-14-1102
30-14-1102 Definitions
Status: in_force

30-14-1102 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Agreement" means any writing that is substantially prepared in advance of a consumer transaction and which a seller, lessor, or lender furnishes to a consumer for the consumer to sign in connection with that transaction.

(2) "Consumer" means an individual who borrows money or leases or obtains property or services under a written agreement.

(3) "Consumer contract" means an agreement for the sale, lease, or loan of money, property, or services primarily for personal, family, or household purposes.

(4) "Seller, lessor, or lender" means a person who regularly sells, lets, or lends in connection with consumer contracts.
Mont. Code Ann. § 30-8-335 — MT Code / Title 30 / Chapter 8 / Part 3 / Section 30-8-335
30-8-335 Instruction
Status: in_force

30-8-335 . Instruction. (1) If an instruction has been originated by an appropriate person but is incomplete in any other respect, any person may complete it as authorized and the issuer may rely on it as completed, even though it has been completed incorrectly.

(2) Unless otherwise agreed, a person initiating an instruction assumes only the obligations imposed by 30-8-118 and not an obligation that the security will be honored by the issuer.
Mont. Code Ann. § 30-2-209 — MT Code / Title 30 / Chapter 2 / Part 2 / Section 30-2-209
30-2-209 Modification, rescission and waiver
Status: in_force

30-2-209 . Modification, rescission and waiver. (1) An agreement modifying a contract within this chapter needs no consideration to be binding.

(2) A signed agreement which excludes modification or rescission except by a signed writing or other signed record cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party.

(3) The requirements of the statute of frauds section of this chapter ( 30-2-201 ) must be satisfied if the contract as modified is within its provisions.

(4) Although an attempt at modification or rescission does not satisfy the requirements of subsection (2) or (3) it can operate as a waiver.

(5) A party who has made a waiver affecting an executory portion of the contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.
Mont. Code Ann. § 30-14-1602 — MT Code / Title 30 / Chapter 14 / Part 16 / Section 30-14-1602
30-14-1602 Telephone solicitation of residential subscribers on no-call list prohibited
Status: in_force

30-14-1602 . Telephone solicitation of residential subscribers on no-call list prohibited. A person or entity may not make or cause to be made any telephone solicitation to the telephone line of any residential subscriber in this state who has given notice to the department, in accordance with rules promulgated pursuant to 30-14-1603 , of the residential subscriber's objection to receiving telephone solicitations.
Mont. Code Ann. § 30-9A-324 — MT Code / Title 30 / Chapter 9A / Part 3 / Section 30-9A-324
30-9A-324 Priority of purchase-money security interests
Status: in_force

30-9A-324 . Priority of purchase-money security interests. (1) Except as otherwise provided in subsection (7), a perfected purchase-money security interest in goods other than inventory or livestock has priority over a conflicting security interest in the same goods, and except as otherwise provided in 30-9A-327 , a perfected security interest in its identifiable proceeds also has priority, if the purchase-money security interest is perfected when the debtor receives possession of the collateral or within 20 days thereafter.

(2) Subject to subsection (3) and except as otherwise provided in subsection (7), a perfected purchase-money security interest in inventory has priority over a conflicting security interest in the same inventory, has priority over a conflicting security interest in chattel paper or an instrument constituting proceeds of the inventory and in proceeds of the chattel paper if so provided in 30-9A-330 , and except as otherwise provided in 30-9A-327 , also has priority in identifiable cash proceeds of the inventory to the extent the identifiable cash proceeds are received on or before the delivery of the inventory to a buyer, if:

(a) the purchase-money security interest is perfected when the debtor receives possession of the inventory;

(b) the purchase-money secured party sends a signed notification to the holder of the conflicting security interest;

(c) the holder of the conflicting security interest receives the notification within 5 years before the debtor receives possession of the inventory; and

(d) the notification states that the person sending the notification has or expects to acquire a purchase-money security interest in inventory of the debtor and describes the inventory.

(3) Subsections (2)(b) through (2)(d) apply only if the holder of the conflicting security interest had filed a financing statement covering the same types of inventory:

(a) if the purchase-money security interest is perfected by filing, before the date of the filing; or

(b) if the purchase-money security interest is temporarily perfected without filing or possession under 30-9A-312 (6), before the beginning of the 20-day period thereunder.

(4) Subject to subsection (5) and except as otherwise provided in subsection (7), a perfected purchase-money security interest in livestock that are farm products has priority over a conflicting security interest in the same livestock, and except as otherwise provided in 30-9A-327 , a perfected security interest in their identifiable proceeds and identifiable products in their unmanufactured states also has priority, if:

(a) the purchase-money security interest is perfected when the debtor receives possession of the livestock;

(b) the purchase-money secured party sends a signed notification to the holder of the conflicting security interest;

(c) the holder of the conflicting security interest receives the notification within 6 months before the debtor receives possession of the livestock; and

(d) the notification states that the person sending the notification has or expects to acquire a purchase-money security interest in livestock of the debtor and describes the livestock.

(5) Subsections (4)(b) through (4)(d) apply only if the holder of the conflicting security interest had filed a financing statement covering the same types of livestock:

(a) if the purchase-money security interest is perfected by filing, before the date of the filing; or

(b) if the purchase-money security interest is temporarily perfected without filing or possession under 30-9A-312 (6), before the beginning of the 20-day period thereunder.

(6) Except as otherwise provided in subsection (7), a perfected purchase-money security interest in software has priority over a conflicting security interest in the same collateral, and except as otherwise provided in 30-9A-327 , a perfected security interest in its identifiable proceeds also has priority, to the extent that the purchase-money security interest in the goods in which the software was acquired for use has priority in the goods and proceeds of the goods under this section.

(7) If more than one security interest qualifies for priority in the same collateral under subsection (1), (2), (4), or (6):

(a) a security interest securing an obligation incurred as all or part of the price of the collateral has priority over a security interest securing an obligation incurred for value given to enable the debtor to acquire rights in or the use of collateral; and

(b) in all other cases, 30-9A-322 (1) applies to the qualifying security interests.
Mont. Code Ann. § 30-14-2201 — MT Code / Title 30 / Chapter 14 / Part 22 / Section 30-14-2201
30-14-2201 Title -- scope
Status: in_force

30-14-2201 . Title -- scope. (1) This part may be cited as the "Guaranteed Asset Protection Waiver Act".

(2) The purpose of this part is to provide a framework within which guaranteed asset protection waivers are defined and may be offered within this state.

(3) This part does not apply to:

(a) an insurance policy offered by an insurer under the insurance laws of this state; or

(b) a debt cancellation or debt suspension contract being offered in compliance with 32-1-429 , 32-3-609 , 12 CFR, part 37 or part 721, or other federal law.

(4) Guaranteed asset protection waivers governed by this part are not insurance and are exempt from the insurance laws of this state. Persons that comply with this part in marketing, selling, or offering to sell guaranteed asset protection waivers to borrowers are exempt from this state's insurance licensing requirements.
Mont. Code Ann. § 30-7-209 — MT Code / Title 30 / Chapter 7 / Part 2 / Section 30-7-209
30-7-209 Lien of warehouse
Status: in_force

30-7-209 . Lien of warehouse. (1) A warehouse has a lien against the bailor on the goods covered by a warehouse receipt or storage agreement or on the proceeds thereof in its possession for charges for storage or transportation, including demurrage and terminal charges, insurance, labor, or other charges, present or future, in relation to the goods, and for expenses necessary for preservation of the goods or reasonably incurred in their sale pursuant to law. If the person on whose account the goods are held is liable for similar charges or expenses in relation to other goods whenever deposited and it is stated in the receipt or storage agreement that a lien is claimed for charges and expenses in relation to other goods, the warehouse also has a lien against the goods covered by the warehouse receipt or storage agreement or on the proceeds thereof in its possession for those charges and expenses, whether or not the other goods have been delivered by the warehouse. However, as against a person to which a negotiable warehouse receipt is duly negotiated, a warehouse's lien is limited to charges in an amount or at a rate specified in the warehouse receipt or, if no charges are so specified, to a reasonable charge for storage of the specific goods covered by the receipt subsequent to the date of the receipt.

(2) The warehouse may also reserve a security interest under chapter 9A against the bailor for the maximum amount specified on the receipt for charges other than those specified in subsection (1), such as for money advanced and interest. A security interest is governed by chapter 9A.

(3) A warehouse's lien for charges and expenses under subsection (1) or a security interest under subsection (2) is also effective against any person that so entrusted the bailor with possession of the goods that a pledge of them by the bailor to a good faith purchaser for value would have been valid. However, the lien or security interest is not effective against a person that before issuance of a document of title had a legal interest or a perfected security interest in the goods and that did not:

(a) deliver or entrust the goods or any document covering the goods to the bailor or the bailor's nominee with actual or apparent authority to ship, store, or sell; or with power to obtain delivery under 30-7-403 ; or with power of disposition under 30-2-403 , 30-2A-304 (2), 30-2A-305 (2), or 30-9A-320 or other statute or rule of law; or

(b) acquiesce in the procurement by the bailor or its nominee of any document.

(4) A warehouse's lien on household goods for charges and expenses in relation to the goods under subsection (1) is also effective against all persons if the depositor was the legal possessor of the goods at the time of deposit. In this subsection, "household goods" means furniture, furnishings, or personal effects used by the depositor in a dwelling.

(5) A warehouse loses its lien on any goods that it voluntarily delivers or unjustifiably refuses to deliver.
Mont. Code Ann. § 30-10-207 — MT Code / Title 30 / Chapter 10 / Part 2 / Section 30-10-207
30-10-207 Denial, suspension, and revocation of registration of securities
Status: in_force

30-10-207 . Denial, suspension, and revocation of registration of securities. (1) The commissioner may issue an order denying effectiveness to, or suspending or revoking the effectiveness of, any registration statement if the order is in the public interest and:

(a) the registration statement, as of its effective date or as of any earlier date in the case of an order denying effectiveness, is incomplete in any material respect or contains any statement that was, in the light of the circumstances under which it was made, false or misleading with respect to any material fact;

(b) any provision of parts 1 through 3 of this chapter or any rule, order, or condition lawfully imposed under parts 1 through 3 of this chapter has been willfully violated by:

(i) the person filing the registration statement;

(ii) the issuer, any partner, officer, or director of the issuer, any person occupying a similar status or performing similar functions, or any person directly or indirectly controlling or controlled by the issuer, but only if the person filing the registration statement is directly or indirectly controlled by or acting for the issuer; or

(iii) any underwriter;

(c) the security registered or sought to be registered is the subject of a permanent or temporary injunction of any court of competent jurisdiction entered under any other federal or state law applicable to the offering, but:

(i) the commissioner may not institute a proceeding against an effective registration statement under this subsection (1)(c) more than 1 year from the date of the injunction relied on; and

(ii) may not enter an order under this subsection (1)(c) on the basis of an injunction entered under any other state law unless that order or injunction was based on facts that would currently constitute a ground for an order under this section;

(d) the issuer's enterprise or method of business includes or would include activities that are illegal where performed;

(e) the offering has worked or tended to work a fraud upon purchasers or would so operate;

(f) when a security is sought to be registered by notification, it is not eligible for registration by notification;

(g) when a security is sought to be registered by coordination, there has been a failure to comply with the undertaking required by 30-10-204 (1)(g);

(h) the applicant or registrant has failed to pay the proper registration fee, but the commissioner may enter only a denial order under this subsection, and shall vacate any denial order when the deficiency has been corrected; or

(i) the offering has been or would be made with unreasonable amounts of underwriters' and sellers' discounts, commissions, or other compensation, or promoters' profits or participation, or unreasonable amounts or kinds of options.

(2) The commissioner may not enter a suspension or revocation order against an effective registration statement on the basis of a fact or transaction known to the commissioner when the registration statement became effective.

(3) Upon the entry of an order under subsection (1), the commissioner shall promptly notify the issuer of the securities and the applicant or registrant that an order has been entered and of the reasons for the order and that, if requested by the issuer or registrant within 15 days after the receipt of the commissioner's notification, the matter will be set promptly for hearing. If a hearing is not requested within 15 days and none is ordered by the commissioner, the order will remain in effect until it is modified or vacated by the commissioner. If a hearing is requested or ordered, the commissioner, after notice of and opportunity for hearing, may affirm, modify, or vacate the order.
Mont. Code Ann. § 30-13-336 — MT Code / Title 30 / Chapter 13 / Part 3 / Section 30-13-336
30-13-336 Common-law rights
Status: in_force

30-13-336 . Common-law rights. Nothing in this part adversely affects the rights or the enforcement of rights in marks acquired at common law in good faith at any time.
Mont. Code Ann. § 30-11-607 — MT Code / Title 30 / Chapter 11 / Part 6 / Section 30-11-607
30-11-607 Ostensible authority
Status: in_force

30-11-607 . Ostensible authority. A factor has ostensible authority to deal with the property of the principal as the factor's own in transactions with persons not having notice of the actual ownership.
Mont. Code Ann. § 30-8-120 — MT Code / Title 30 / Chapter 8 / Part 1 / Section 30-8-120
30-8-120 Applicability -- choice of law
Status: in_force

30-8-120 . Applicability -- choice of law. (1) The local law of the issuer's jurisdiction, as specified in subsection (4), governs:

(a) the validity of a security;

(b) the rights and duties of the issuer with respect to registration of transfer;

(c) the effectiveness of registration of transfer by the issuer;

(d) whether the issuer owes any duties to an adverse claimant to a security; and

(e) whether an adverse claim can be asserted against a person to whom transfer of a certificated or uncertificated security is registered or a person who obtains control of an uncertificated security.

(2) The local law of the securities intermediary's jurisdiction, as specified in subsection (5), governs:

(a) acquisition of a security entitlement from the securities intermediary;

(b) the rights and duties of the securities intermediary and entitlement holder arising out of a security entitlement;

(c) whether the securities intermediary owes any duties to an adverse claimant to a security entitlement; and

(d) whether an adverse claim can be asserted against a person who acquires a security entitlement from the securities intermediary or a person who purchases a security entitlement or interest therein from an entitlement holder.

(3) The local law of the jurisdiction in which a security certificate is located at the time of delivery governs whether an adverse claim can be asserted against a person to whom the security certificate is delivered.

(4) "Issuer's jurisdiction" means the jurisdiction under which the issuer of the security is organized or, if permitted by the law of that jurisdiction, the law of another jurisdiction specified by the issuer. An issuer organized under the law of this state may specify the law of another jurisdiction as the law governing the matters specified in subsections (1)(b) through (1)(e).

(5) The following rules determine a "securities intermediary's jurisdiction" for purposes of this section:

(a) If an agreement between the securities intermediary and its entitlement holder governing the securities account expressly provides that a particular jurisdiction is the security intermediary's jurisdiction for the purposes of this part, this chapter, chapters 1 through 9A, and 12A of this title, that jurisdiction is the securities intermediary's jurisdiction.

(b) If subsection (5)(a) does not apply and an agreement between the securities intermediary and its entitlement holder expressly provides that the agreement is governed by the law of a particular jurisdiction, that jurisdiction is the securities intermediary's jurisdiction.

(c) If neither subsection (5)(a) nor (5)(b) applies and an agreement between the securities intermediary and its entitlement holder governing the securities account expressly provides that the securities account is maintained at an office in a particular jurisdiction, that jurisdiction is the securities intermediary's jurisdiction.

(d) If subsection (5)(a), (5)(b), or (5)(c) does not apply, the securities intermediary's jurisdiction is the jurisdiction in which the office identified in an account statement as the office serving the entitlement holder's account is located.

(e) If subsection (5)(a), (5)(b), (5)(c), or (5)(d) does not apply, the securities intermediary's jurisdiction is the jurisdiction in which the chief executive office of the securities intermediary is located.

(6) A securities intermediary's jurisdiction is not determined by the physical location of certificates representing financial assets, or by the jurisdiction in which is organized the issuer of the financial asset with respect to which an entitlement holder has a security entitlement, or by the location of facilities for data processing or other recordkeeping concerning the account.

(7) The local law of the issuer's jurisdiction or the securities intermediary's jurisdiction governs a matter or transaction specified in subsection (1) or (2) even if the matter or transaction does not bear any relation to the jurisdiction.
Mont. Code Ann. § 30-9A-523 — MT Code / Title 30 / Chapter 9A / Part 5 / Section 30-9A-523
30-9A-523 Information from filing office -- sale or license of records
Status: in_force

30-9A-523 . Information from filing office -- sale or license of records. (1) If a person that files a written record requests an acknowledgment of the filing, the filing office shall send to the person an image of the record showing the number assigned to the record pursuant to 30-9A-519 (1)(a) and the date and time of the filing of the record. However, if the person furnishes a copy of the record to the filing office, the filing office may instead:

(a) note upon the copy the number assigned to the record pursuant to 30-9A-519 (1)(a) and the date and time of the filing of the record; and

(b) send the copy to the person.

(2) If a person files a record other than a written record, the filing office shall communicate to the person an acknowledgment that provides:

(a) the information in the record;

(b) the number assigned to the record pursuant to 30-9A-519 (1)(a); and

(c) the date and time of the filing of the record.

(3) The filing office shall communicate or otherwise make available in a record the following information to any person that requests it:

(a) whether there is on file on a date and time specified by the filing office, but not a date earlier than 3 business days before the filing office receives the request, any financing statement that:

(i) designates a particular debtor;

(ii) has not lapsed under 30-9A-515 with respect to all secured parties of record; and

(iii) if the request so states, has lapsed under 30-9A-515 and a record of which is maintained by the filing office under 30-9A-522 (1);

(b) the date and time of filing of each financing statement; and

(c) the information provided in each financing statement.

(4) In complying with its duty under subsection (3), the filing office may communicate information in any medium. However, if requested, the filing office shall communicate information by issuing a record that can be admitted into evidence in the courts of this state without extrinsic evidence of its authenticity.

(5) The filing office shall perform the acts required by subsections (1) through (4) at the time and in the manner prescribed by filing-office rule, but not later than 2 business days after the filing office receives the request.

(6) At least weekly, the filing office shall offer to sell or license to the public on a nonexclusive basis, in bulk, copies of all records filed in it under this part, in a reasonable form or medium from time to time available to the filing office.
Mont. Code Ann. § 30-8-333 — MT Code / Title 30 / Chapter 8 / Part 3 / Section 30-8-333
30-8-333 Protected purchaser
Status: in_force

30-8-333 . Protected purchaser. (1) "Protected purchaser" means a purchaser of a certificated or uncertificated security, or of an interest therein, who:

(a) gives value;

(b) does not have notice of any adverse claim to the security; and

(c) obtains control of the certificated or uncertificated security.

(2) A protected purchaser also acquires its interest in the security free of any adverse claim.
Mont. Code Ann. § 30-2A-526 — MT Code / Title 30 / Chapter 2A / Part 5 / Section 30-2A-526
30-2A-526 Lessor's stoppage of delivery in transit or otherwise
Status: in_force

30-2A-526 . Lessor's stoppage of delivery in transit or otherwise. (1) A lessor may stop delivery of goods in the possession of a carrier or other bailee if the lessor discovers the lessee to be insolvent and may stop delivery of carload, truckload, planeload, or larger shipments of express or freight if the lessee repudiates or fails to make a payment due before delivery, whether for rent, security, or otherwise under the lease contract or for any other reason the lessor has a right to withhold or take possession of the goods.

(2) In pursuing its remedies under subsection (1), the lessor may stop delivery until:

(a) receipt of the goods by the lessee;

(b) acknowledgment to the lessee by any bailee of the goods, except a carrier, that the bailee holds the goods for the lessee; or

(c) such an acknowledgment to the lessee by a carrier via reshipment or as a warehouse.

(3) (a) To stop delivery, a lessor shall so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods.

(b) After notification, the bailee shall hold and deliver the goods according to the directions of the lessor, but the lessor is liable to the bailee for any ensuing charges or damages.

(c) A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor.
Mont. Code Ann. § 30-13-303 — MT Code / Title 30 / Chapter 13 / Part 3 / Section 30-13-303
30-13-303 Registrability
Status: in_force

30-13-303 . Registrability. (1) A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others may not be registered if it:

(a) consists of or comprises immoral, deceptive, or scandalous matter;

(b) consists of or comprises matter that may disparage or falsely suggest a connection with persons, living or dead, or institutions, beliefs, or national symbols or bring them into contempt or disrepute;

(c) consists of or comprises the flag or coat of arms or other insignia of the United States, of any state or municipality, or of any foreign nation or any simulation of the flag or coat of arms of any of the enumerated entities;

(d) consists of or comprises the name, signature, or portrait of any living individual, except with the individual's written consent;

(e) consists of a mark that:

(i) when used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them;

(ii) when used on or in connection with the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them; or

(iii) is primarily merely a surname; or

(f) consists of or comprises a mark that so resembles a mark registered in this state or a mark or trade name previously used in this state by another and not abandoned as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive.

(2) Subsection (1)(e) does not prevent the registration of a mark used in this state by the applicant that has become distinctive of the applicant's goods or services. The secretary of state may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services, proof of continuous use of the mark or service mark as a mark by the applicant in this state or elsewhere for the 5 years before the date on which the claim of distinctiveness is made.
Mont. Code Ann. § 30-2-316 — MT Code / Title 30 / Chapter 2 / Part 3 / Section 30-2-316
30-2-316 Exclusion or modification of warranties
Status: in_force

30-2-316 . Exclusion or modification of warranties. (1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be construed wherever reasonable as consistent with each other; but subject to the provisions of this chapter on parol or extrinsic evidence ( 30-2-202 ) negation or limitation is inoperative to the extent that such construction is unreasonable.

(2) Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it the language must mention merchantability and in case of a writing must be conspicuous, and to exclude or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous. Language to exclude all implied warranties of fitness is sufficient if it states, for example, that "There are no warranties which extend beyond the description on the face hereof."

(3) Notwithstanding subsection (2):

(a) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is", "with all faults" or other language which in common understanding calls the buyer's attention to the exclusion of warranties and makes plain that there is no implied warranty;

(b) when the buyer before entering into the contract has examined the goods or the sample or model as fully as desired or has refused to examine the goods there is no implied warranty with regard to defects which an examination ought in the circumstances to have revealed to the buyer;

(c) an implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade;

(d) in sales of cattle, hogs, sheep, or horses, there are no implied warranties, as defined in this chapter, that the cattle, hogs, sheep, or horses are free from sickness or disease; and

(e) in sales of any seed for planting (including both botanical and vegetative types of seed, whether certified or not), there are no implied warranties, as defined in this chapter, that the seeds are free from disease, virus, or any kind of pathogenic organisms.

(4) Remedies for breach of warranty can be limited in accordance with the provisions of this chapter on liquidation or limitation of damages and on contractual modification of remedy ( 30-2-718 and 30-2-719 ).
Mont. Code Ann. § 30-18-105 — MT Code / Title 30 / Chapter 18 / Part 1 / Section 30-18-105
30-18-105 Construction and application
Status: in_force

30-18-105 . Construction and application. This part must be construed and applied:

(1) to facilitate electronic transactions consistent with other applicable law;

(2) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and

(3) to effectuate its general purpose to make uniform the law with respect to the subject of this part among states enacting it.
Mont. Code Ann. § 30-7-204 — MT Code / Title 30 / Chapter 7 / Part 2 / Section 30-7-204
30-7-204 Duty of care -- contractual limitation of warehouse's liability
Status: in_force

30-7-204 . Duty of care -- contractual limitation of warehouse's liability. (1) A warehouse is liable for damages for loss of or injury to the goods caused by its failure to exercise care with regard to the goods that a reasonably careful person would exercise under similar circumstances. However, unless otherwise agreed, the warehouse is not liable for damages that could not have been avoided by the exercise of that care.

(2) Damages may be limited by a term in the warehouse receipt or storage agreement limiting the amount of liability in case of loss or damage beyond which the warehouse is not liable. Such a limitation is not effective with respect to the warehouse's liability for conversion to its own use. The warehouse's liability, on request of the bailor in a record at the time of signing such storage agreement or within a reasonable time after receipt of the warehouse receipt, may be increased on part or all of the goods covered by the storage agreement or the warehouse receipt. In this event, increased rates may be charged based on an increased valuation of the goods.

(3) Reasonable provisions as to the time and manner of presenting claims and instituting actions based on the bailment may be included in the warehouse receipt or storage agreement.
Mont. Code Ann. § 30-11-603 — MT Code / Title 30 / Chapter 11 / Part 6 / Section 30-11-603
30-11-603 Sales on credit
Status: in_force

30-11-603 . Sales on credit. A factor may sell property consigned to the factor on credit that is usual but, having once agreed with the purchaser upon the terms of credit, may not extend the terms.
Mont. Code Ann. § 30-4-112 — MT Code / Title 30 / Chapter 4 / Part 1 / Section 30-4-112
30-4-112 Statute of limitations
Status: in_force

30-4-112 . Statute of limitations. An action to enforce an obligation, duty, or right arising under this chapter must be commenced within 3 years after the cause of action accrues.
Mont. Code Ann. § 30-2-202 — MT Code / Title 30 / Chapter 2 / Part 2 / Section 30-2-202
30-2-202 Final written expression -- parol or extrinsic evidence
Status: in_force

30-2-202 . Final written expression -- parol or extrinsic evidence. Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a record intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented:

(1) by course of dealing or usage of trade ( 30-1-205 ) or by course of performance ( 30-2-208 ); and

(2) by evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.
Mont. Code Ann. § 30-9A-327 — MT Code / Title 30 / Chapter 9A / Part 3 / Section 30-9A-327
30-9A-327 Priority of security interests in deposit account
Status: in_force

30-9A-327 . Priority of security interests in deposit account. The following rules govern priority among conflicting security interests in the same deposit account:

(1) A security interest held by a secured party having control of the deposit account under 30-9A-104 has priority over a conflicting security interest held by a secured party that does not have control.

(2) Except as otherwise provided in subsections (3) and (4), security interests perfected by control under 30-9A-314 rank according to priority in time of obtaining control.

(3) Except as otherwise provided in subsection (4), a security interest held by the bank with which the deposit account is maintained has priority over a conflicting security interest held by another secured party.

(4) A security interest perfected by control under 30-9A-104 (1)(c) has priority over a security interest held by the bank with which the deposit account is maintained.
Mont. Code Ann. § 30-3-304 — MT Code / Title 30 / Chapter 3 / Part 3 / Section 30-3-304
30-3-304 Overdue instrument
Status: in_force

30-3-304 . Overdue instrument. (1) An instrument payable on demand becomes overdue at the earliest of the following times:

(a) on the day after the day demand for payment is duly made;

(b) if the instrument is a check, 90 days after its date; or

(c) if the instrument is not a check, when the instrument has been outstanding for a period of time after its date that is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and trade usage.

(2) With respect to an instrument payable at a definite time, the following rules apply:

(a) If the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured.

(b) If the principal is not payable in installments and the due date has not been accelerated, the instrument becomes overdue on the day after the due date.

(c) If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date.

(3) Unless the due date of principal has been accelerated, an instrument does not become overdue if there is a default in payment of interest but no default in payment of principal.
Mont. Code Ann. § 30-4A-103 — MT Code / Title 30 / Chapter 4A / Part 1 / Section 30-4A-103
30-4A-103 Payment order -- definitions
Status: in_force

30-4A-103 . Payment order -- definitions. (1) In this chapter, the following definitions apply:

(a) "Payment order" means an instruction of a sender to a receiving bank, transmitted orally or in a record, to pay, or to cause another bank to pay, a fixed or determinable amount of money to a beneficiary if:

(i) the instruction does not state a condition to payment to the beneficiary other than time of payment;

(ii) the receiving bank is to be reimbursed by debiting an account of, or otherwise receiving payment from, the sender; and

(iii) the instruction is transmitted by the sender directly to the receiving bank or to an agent, funds-transfer system, or communication system for transmittal to the receiving bank.

(b) "Beneficiary" means the person to be paid by the beneficiary's bank.

(c) "Beneficiary's bank" means the bank identified in a payment order in which an account of the beneficiary is to be credited pursuant to the order or that otherwise is to make payment to the beneficiary if the order does not provide for payment to an account.

(d) "Receiving bank" means the bank to which the sender's instruction is addressed.

(e) "Sender" means the person giving the instruction to the receiving bank.

(2) If an instruction complying with subsection (1)(a) is to make more than one payment to a beneficiary, the instruction is a separate payment order with respect to each payment.

(3) A payment order is issued when it is sent to the receiving bank.
Mont. Code Ann. § 30-14-408 — MT Code / Title 30 / Chapter 14 / Part 4 / Section 30-14-408
30-14-408 Effect on other law
Status: in_force

30-14-408 . Effect on other law. (1) Except as provided in subsection (2), this part displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret.

(2) This part does not affect:

(a) contractual remedies, whether or not based upon misappropriation of a trade secret;

(b) other civil remedies that are not based upon misappropriation of a trade secret; or

(c) criminal remedies, whether or not based upon misappropriation of a trade secret.
Mont. Code Ann. § 30-11-508 — MT Code / Title 30 / Chapter 11 / Part 5 / Section 30-11-508
30-11-508 Auctioneer -- authority and bond
Status: in_force

30-11-508 . Auctioneer -- authority and bond. A citizen of this state may become an auctioneer and be authorized to sell real or personal property at public auction in any county in this state after giving a bond in accordance with the provisions of this part for the faithful performance of the citizen's duties.
Mont. Code Ann. § 30-1-101 — MT Code / Title 30 / Chapter 1 / Part 1 / Section 30-1-101
30-1-101 Short titles -- scope of chapter
Status: in_force

30-1-101 . Short titles -- scope of chapter. (1) Chapters 1 through 9A and 12A of this title may be cited as Uniform Commercial Code.

(2) As used in chapters 1 through 9A and 12A of this title "code" means "Uniform Commercial Code" unless the context indicates otherwise.

(3) This chapter may be cited as the Uniform Commercial Code--General Provisions.

(4) This chapter applies to a transaction to the extent that it is governed by chapters 2 through 5, 7, 8, 9A, and 12A of this title.

(5) Nothing in chapters 1 through 9A and 12A of this title may be construed to support, endorse, create, or implement a national digital currency.
Mont. Code Ann. § 30-14-201 — MT Code / Title 30 / Chapter 14 / Part 2 / Section 30-14-201
30-14-201 Purpose
Status: in_force

30-14-201 . Purpose. The legislature declares that the purpose of this part is to safeguard the public against the creation or perpetuation of monopolies and foster and encourage competition by prohibiting unfair and discriminatory practices by which fair and honest competition is destroyed or prevented. This part must be liberally construed so that its beneficial purposes may be accomplished.
Mont. Code Ann. § 30-14-1601 — MT Code / Title 30 / Chapter 14 / Part 16 / Section 30-14-1601
30-14-1601 Definitions
Status: in_force

30-14-1601 . Definitions. As used in this part, the following definitions apply:

(1) "Caller identification service" means a type of telephone service that permits telephone subscribers to see the telephone number of incoming telephone calls.

(2) "Department" means the department of justice provided for in 2-15-2001 .

(3) "Residential subscriber" means a person who has subscribed to residential telephone service from a local exchange company and the other persons living or residing with the person.

(4) "Telephone solicitation" means any voice communication over a telephone line from a live operator, through the use of an automatic dialing-announcing device, or by other means for the purpose of encouraging the purchase of, rental of, or investment in property, goods, or services. Telephone solicitation does not include communications:

(a) to any residential subscriber with that subscriber's prior express invitation or permission;

(b) by or on behalf of any person or entity with whom a residential subscriber has had a business contact within the past 180 days or has a current business or personal relationship;

(c) by or on behalf of an entity organized pursuant to section 501(c)(1) through 501(c)(6) of the Internal Revenue Code, 26 U.S.C. 501(c)(1) through 501(c)(6), while the entity is engaged in fundraising to support the charitable purpose for which the entity was established and provided that a bona fide member of the exempt organization makes the voice communication;

(d) by or on behalf of any entity over which a federal agency has regulatory authority to the extent that:

(i) subject to that authority, the entity is required to maintain a license, permit, or certificate to sell or provide the merchandise being offered through telemarketing; and

(ii) the entity is required by law or rule to develop and maintain a no-call list;

(e) by a natural person responding to a referral or working from the person's primary residence; or

(f) by a person licensed by the state of Montana to carry out a trade, occupation, or profession who is setting or attempting to set an appointment for actions relating to that licensed trade, occupation, or profession within the state.
Mont. Code Ann. § 30-10-1106 — MT Code / Title 30 / Chapter 10 / Part 11 / Section 30-10-1106
30-10-1106 Amount of whistleblower award
Status: in_force

30-10-1106 . Amount of whistleblower award. If the commissioner determines to make one or more awards under 30-10-1104 , the aggregate amount of awards that may be awarded in connection with an administrative or judicial action may not be less than 10% or more than 30% of the monetary sanctions collected in the related administrative or judicial action.
Mont. Code Ann. § 30-14-2803 — MT Code / Title 30 / Chapter 14 / Part 28 / Section 30-14-2803
30-14-2803 Applicability
Status: in_force

30-14-2803 . Applicability. (1) The provisions of this part, excluding 30-14-2811 , 30-14-2818 , and 30-14-2819 , apply to persons that conduct business in this state or persons that produce products or services that are targeted to residents of this state and:

(a) control or process the personal data of not less than 25,000 consumers, excluding personal data controlled or processed solely for the purpose of completing a payment transaction; or

(b) control or process the personal data of not less than 15,000 consumers and derive more than 25% of gross revenue from the sale of personal data.

(2) Sections 30-14-2811 , 30-14-2818 , and 30-14-2819 apply to persons that conduct business in this state or deliver commercial products or services that are intentionally targeted to residents of this state.
Mont. Code Ann. § 30-9A-703 — MT Code / Title 30 / Chapter 9A / Part 7 / Section 30-9A-703
30-9A-703 Security interest perfected before July 1, 2001
Status: in_force

30-9A-703 . Security interest perfected before July 1, 2001. (1) If a security interest is enforceable and has priority over the rights of a lien creditor immediately before July 1, 2001, and the applicable requirements for enforceability and perfection under this chapter are satisfied without further action on July 1, 2001, the security interest is a perfected security interest under this chapter.

(2) Except as otherwise provided in 30-9A-705 , if a security interest is a perfected security interest under former chapter 9 immediately before July 1, 2001, but the applicable requirements for enforceability or perfection under this chapter are not satisfied on July 1, 2001, the security interest:

(a) is a perfected security interest for 1 year after July 1, 2001;

(b) remains enforceable thereafter only if the security interest becomes enforceable under 30-9A-203 before the year expires; and

(c) remains perfected thereafter only if the applicable requirements for perfection under this chapter are satisfied before the year expires.
Mont. Code Ann. § 30-2-717 — MT Code / Title 30 / Chapter 2 / Part 7 / Section 30-2-717
30-2-717 Deduction of damages from the price
Status: in_force

30-2-717 . Deduction of damages from the price. The buyer on notifying the seller of an intention to do so may deduct all or any part of the damages resulting from any breach of contract from any part of the price still due under the same contract.
Mont. Code Ann. § 30-14-1712 — MT Code / Title 30 / Chapter 14 / Part 17 / Section 30-14-1712
30-14-1712 Fraudulent electronic misrepresentation -- penalties -- exemption
Status: in_force

30-14-1712 . Fraudulent electronic misrepresentation -- penalties -- exemption. (1) An individual or business that, by means of a website, an electronic mail message, or otherwise through the internet, solicits, requests, or takes an action to induce another individual or business to provide personal information by purporting to be a third-party individual or a business without the authority or approval of the third-party individual or business is guilty of a theft of identity, as provided in 45-6-332 (1). This crime of fraudulent electronic misrepresentation is commonly known as "phishing".

(2) An individual or a business that is adversely affected by a violation of subsection (1) has a private right of action, as provided in 30-14-1713 .

(3) The attorney general or a county attorney in a county where the violation under subsection (1) is reported may bring a criminal action against an individual or a business accused of engaging in a pattern and practice of violating subsection (1) and, in addition to bringing a criminal action, may request a court of competent jurisdiction to issue a temporary injunction against the continued use of a website, an electronic mail message, or the internet by the individual or business served with the injunction.

(4) An internet services provider may not be held liable for identifying, removing, or disabling access to an internet website or other online location if the internet services provider believes that the internet website or other online location is being used to engage in a violation of this section.
Mont. Code Ann. § 30-2-324 — MT Code / Title 30 / Chapter 2 / Part 3 / Section 30-2-324
30-2-324 "No arrival, no sale" term
Status: in_force

30-2-324 . "No arrival, no sale" term. Under a term "no arrival, no sale" or terms of like meaning, unless otherwise agreed:

(a) the seller must properly ship conforming goods and if they arrive by any means the seller must tender them on arrival but the seller assumes no obligation that the goods will arrive unless the seller has caused the nonarrival; and

(b) where without fault of the seller the goods are in part lost or have so deteriorated as no longer to conform to the contract or arrive after the contract time, the buyer may proceed as if there has been casualty to identified goods ( 30-2-613 ).
Mont. Code Ann. § 30-7-208 — MT Code / Title 30 / Chapter 7 / Part 2 / Section 30-7-208
30-7-208 Altered warehouse receipts
Status: in_force

30-7-208 . Altered warehouse receipts. If a blank in a negotiable tangible warehouse receipt has been filled in without authority, a good faith purchaser for value and without notice of the lack of authority may treat the insertion as authorized. Any other unauthorized alteration leaves any tangible or electronic warehouse receipt enforceable against the issuer according to its original tenor.
Mont. Code Ann. § 30-19-111 — MT Code / Title 30 / Chapter 19 / Part 1 / Section 30-19-111
30-19-111 Provisions prohibited in agreements
Status: in_force

30-19-111 . Provisions prohibited in agreements. A rental-purchase agreement may not contain:

(1) a confession of judgment;

(2) a negotiable instrument;

(3) a security interest or any other claim of property interest in any property except the property delivered by the lessor pursuant to the rental-purchase agreement;

(4) a wage assignment;

(5) a waiver of claims or defenses by the consumer; and

(6) a provision authorizing the lessor or any person acting on the lessor's behalf to enter the consumer's premises or to commit any breach of the peace in the repossession of property.
Mont. Code Ann. § 30-10-110 — MT Code / Title 30 / Chapter 10 / Part 1 / Section 30-10-110
30-10-110 Scope
Status: in_force

30-10-110 . Scope. (1) Sections 30-10-201 (1), 30-10-202 , 30-10-301 (1), 30-10-303 , and 30-10-307 apply to persons who sell or offer to sell when an offer to sell is made in this state or an offer to buy is made and accepted in this state.

(2) Sections 30-10-201 (1), 30-10-301 (1), and 30-10-303 apply to persons who buy or offer to buy when an offer to buy is made in this state or an offer to sell is made and accepted in this state.

(3) For the purpose of this section, an offer to sell or buy is made in this state, whether or not either party is then present in this state, when the offer either originates from this state or is directed by the offeror to this state and received at the place to which it is directed or at any post office in this state in the case of a mailed offer.

(4) For the purpose of this section, an offer to buy or sell is accepted in this state when acceptance is communicated to the offeror in this state and acceptance has not previously been communicated to the offeror, orally or in writing, outside this state. Acceptance is communicated to the offeror in this state, whether or not either party is then present in this state, when the offeree directs it to the offeror in this state, reasonably believing the offeror to be in this state, and it is received at the place to which it is directed or at any post office in this state in the case of a mailed acceptance.

(5) An offer to sell or to buy is not made in this state when:

(a) the publisher circulates or there is circulated on the publisher's behalf in this state any bona fide newspaper or other publication of general, regular, and paid circulation that is:

(i) not published in this state; or

(ii) published in this state but has had more than two-thirds of its circulation outside this state during the past 12 months; or

(b) a radio or television program originating outside this state is received in this state.

(6) Sections 30-10-201 (3), 30-10-301 (2) and (3), and 30-10-303 , as far as investment advisers and investment adviser representatives are concerned, apply when any act instrumental in effecting prohibited conduct is done in this state, whether or not either party is then present in this state.

(7) Any security given or delivered with or as a bonus on account of any purchase of securities or any other thing is considered to constitute part of the subject of the purchase and to have been offered and sold for value. A purported gift of assessable stock is considered to involve an offer and sale. Each sale or offer of a warrant or right to purchase or subscribe to another security of the same or another issuer, as well as each sale or offer of a security that gives the holder a present or future right or privilege to convert into another security of the same or another issuer, is considered to include an offer of the other security.
Mont. Code Ann. § 30-2-705 — MT Code / Title 30 / Chapter 2 / Part 7 / Section 30-2-705
30-2-705 Seller's stoppage of delivery in transit or otherwise
Status: in_force

30-2-705 . Seller's stoppage of delivery in transit or otherwise. (1) The seller may stop delivery of goods in the possession of a carrier or other bailee when the seller discovers the buyer to be insolvent ( 30-2-702 ) and may stop delivery of carload, truckload, planeload or larger shipments of express or freight when the buyer repudiates or fails to make a payment due before delivery or if for any other reason the seller has a right to withhold or reclaim the goods.

(2) As against such buyer the seller may stop delivery until:

(a) receipt of the goods by the buyer; or

(b) acknowledgment to the buyer by any bailee of the goods except a carrier that the bailee holds the goods for the buyer; or

(c) such acknowledgment to the buyer by a carrier by reshipment or as a warehouse; or

(d) negotiation to the buyer of any negotiable document of title covering the goods.

(3) (a) To stop delivery the seller must so notify as to enable the bailee by reasonable diligence to prevent delivery of the goods.

(b) After such notification the bailee must hold and deliver the goods according to the directions of the seller but the seller is liable to the bailee for any ensuing charges or damages.

(c) If a negotiable document of title has been issued for goods the bailee is not obliged to obey a notification to stop until surrender of possession or control of the document.

(d) A carrier that has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor.
Mont. Code Ann. § 30-5-132 — MT Code / Title 30 / Chapter 5 / Part 1 / Section 30-5-132
30-5-132 Transfer of letter of credit
Status: in_force

30-5-132 . Transfer of letter of credit. (1) Except as otherwise provided in 30-5-133 , unless a letter of credit provides that it is transferable, the right of a beneficiary to draw or otherwise demand performance under a letter of credit may not be transferred.

(2) Even if a letter of credit provides that it is transferable, the issuer may refuse to recognize or carry out a transfer if:

(a) the transfer would violate applicable law; or

(b) the transferor or transferee has failed to comply with any requirement stated in the letter of credit or any other requirement relating to transfer imposed by the issuer which is within the standard practice referred to in 30-5-128 (5) or is otherwise reasonable under the circumstances.
Mont. Code Ann. § 30-10-1001 — MT Code / Title 30 / Chapter 10 / Part 10 / Section 30-10-1001
30-10-1001 Short title
Status: in_force

30-10-1001 . (Temporary) Short title. This part may be cited as the "Securities Restitution Assistance Fund Act of Montana". (Terminates June 30, 2027--secs. 3, 4, Ch. 404, L. 2021.)
Mont. Code Ann. § 30-5-133 — MT Code / Title 30 / Chapter 5 / Part 1 / Section 30-5-133
30-5-133 Transfer by operation of law
Status: in_force

30-5-133 . Transfer by operation of law. (1) A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in the name of the beneficiary without disclosing its status as a successor.

(2) A successor of a beneficiary may consent to amendments, sign and present documents, and receive payment or other items of value in its own name as the disclosed successor of the beneficiary. Except as otherwise provided in subsection (5), an issuer shall recognize a disclosed successor of a beneficiary as beneficiary in full substitution for its predecessor upon compliance with the requirements for recognition by the issuer of a transfer of drawing rights by operation of law under the standard practice referred to in 30-5-128 (5) or, in the absence of such a practice, compliance with other reasonable procedures sufficient to protect the issuer.

(3) An issuer is not obliged to determine whether a purported successor is a successor of a beneficiary or whether the signature of a purported successor is genuine or authorized.

(4) Honor of a purported successor's apparently complying presentation under subsection (1) or (2) has the consequences specified in 30-5-128 (9) even if the purported successor is not the successor of a beneficiary. Documents signed in the name of the beneficiary or of a disclosed successor by a person who is neither the beneficiary nor the successor of the beneficiary are forged documents for the purposes of 30-5-129 .

(5) An issuer whose rights of reimbursement are not covered by subsection (4) or substantially similar law and any confirmer or nominated person may decline to recognize a presentation under subsection (2).

(6) A beneficiary whose name is changed after the issuance of a letter of credit has the same rights and obligations as a successor of a beneficiary under this section.
Mont. Code Ann. § 30-16-202 — MT Code / Title 30 / Chapter 16 / Part 2 / Section 30-16-202
30-16-202 Information availability
Status: in_force

30-16-202 . Information availability. The small business licensing coordination center shall encourage and invite federal and local government agencies to make license and permit information available to applicants through the coordination center. The center shall, where possible, advise applicants of federal and local government agency license and permit requirements.
Mont. Code Ann. § 30-14-1408 — MT Code / Title 30 / Chapter 14 / Part 14 / Section 30-14-1408
30-14-1408 Recordkeeping requirements
Status: in_force

30-14-1408 . Recordkeeping requirements. (1) (a) A telemarketer shall keep records subject to this section for a period of 24 months from the date the record is produced.

(b) The records that must be kept for the 24-month period include:

(i) all substantially different advertising, brochures, telemarketing scripts, and promotional materials;

(ii) the name and last-known address of each prize recipient and the prize awarded;

(iii) the name and last-known address of each consumer, the goods or services purchased, the date the goods or services were shipped or provided, the amount of goods or services provided, and the amount paid by the consumer for the goods or services;

(iv) the name, any fictitious name used, the last-known home address and telephone number, and the job title for all current and former employees directly involved in telephone sales; however, if the seller or telemarketer permits fictitious names to be used by employees, each fictitious name must be traceable to only one specific employee; and

(v) all written authorizations required to be provided or received under this part.

(2) In the event of any dissolution or termination of a telemarketer's business, the principal of that telemarketer shall maintain all records as required under this section. In the event of any sale, assignment, or other change in ownership of the seller's business, the successor shall maintain all records required under this section.
Mont. Code Ann. § 30-13-209 — MT Code / Title 30 / Chapter 13 / Part 2 / Section 30-13-209
30-13-209 Amendment
Status: in_force

30-13-209 . Amendment. An amendment to registration of an assumed business name must be filed with the secretary of state within 1 year after any one of the following events occurs:

(1) there is a change in the name or identity of the person or persons transacting or having interest in the business for which the name is registered;

(2) there is a change in the description of the business transacted;

(3) a person having an interest in the business with a registered assumed business name withdraws from the business or dies; or

(4) the registrant wishes to change the name of a registered assumed business name.
Mont. Code Ann. § 30-1-301 — MT Code / Title 30 / Chapter 1 / Part 3 / Section 30-1-301
30-1-301 Territorial applicability -- parties power to choose applicable law
Status: in_force

30-1-301 . Territorial applicability -- parties power to choose applicable law. (1) Except as otherwise provided in this section, when a transaction bears a reasonable relation to this state and also to another state or nation, the parties may agree that the law either of this state or of the other state or nation shall govern their rights and duties.

(2) In the absence of an agreement effective under subsection (1) and except as provided in subsection (3), this code applies to transactions bearing an appropriate relation to this state.

(3) If one of the following provisions of this code specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law so specified:

(a) Section 30-2-402 ;

(b) Sections 30-2A-105 and 30-2A-106 ;

(c) Section 30-4-102 ;

(d) Section 30-4A-507 ;

(e) Section 30-5-136 ;

(f) Section 30-8-120 ;

(g) Sections 30-9A-301 through 30-9A-307 ;

(h) Section 30-12A-107 .
Mont. Code Ann. § 30-10-115 — MT Code / Title 30 / Chapter 10 / Part 1 / Section 30-10-115
30-10-115 Deposits to general fund -- exceptions
Status: in_force

30-10-115 . Deposits to general fund -- exceptions. (1) Except as provided in subsection (2), all fees and miscellaneous charges received by the commissioner pursuant to parts 1 through 3 of this chapter must be deposited in the general fund.

(2) (a) All notice filing fees collected under 30-10-209 (1)(d) and examination costs collected under 30-10-210 must be deposited in the state special revenue fund in an account to the credit of the state auditor's office. The funds allocated by this subsection (2)(a) to the state special revenue account may be used only to defray the expenses of the state auditor's office in discharging its administrative and regulatory powers and duties in relation to notice filing under 30-10-209 (1)(d) and examinations.

(b) Any fees in excess of the amount required for the purposes listed in subsection (2)(a) must be deposited in the general fund.

(c) On or after July 1, 2019, 3% of the total fees collected annually under 30-10-209 (1)(b) must be deposited in the securities restitution assistance fund provided for in 30-10-1004 . The remainder must be deposited in the general fund. On or after July 1, 2027, all fees collected annually under 30-10-209 (1)(b) must be deposited in the general fund.
Mont. Code Ann. § 30-10-206 — MT Code / Title 30 / Chapter 10 / Part 2 / Section 30-10-206
30-10-206 General provisions regarding registration of securities
Status: in_force

30-10-206 . General provisions regarding registration of securities. (1) A registration statement may be filed by the issuer, any other person on whose behalf the offering is to be made, or a registered broker-dealer. The commissioner may by rule or otherwise permit the omission of any item of information or document from any registration statement.

(2) (a) The commissioner may require as a condition of registration by qualification or coordination:

(i) that the following securities be deposited in escrow:

(A) any security issued within the past 3 years or to be issued to:

(I) a promoter for a consideration substantially different from the public offering price; or

(II) any person for a consideration other than cash; and

(B) any security issued or to be issued to a promoter while a corporation is still in a promotional or developmental stage; however, if shares were issued by a corporation while it was in a promotional or developmental stage and it no longer is in that stage, then this condition does not apply; and

(ii) that the proceeds from the sale of the registered security in this state be impounded until the issuer receives a specified amount from the sale of the security either in this state or elsewhere.

(b) The commissioner may determine the conditions of any escrow or impounding required, but may not reject a depository solely because of location in another state.

(3) When securities are registered by notification, coordination, or qualification, they may be offered and sold by the issuer, any other person on whose behalf they are registered, or by any registered broker-dealer. A registration must remain effective for a period of 1 year unless it is revoked by the commissioner, terminated upon request of the registrant with the consent of the commissioner, or renewed under 30-10-209 (1)(b). However, the registration must be automatically suspended upon a stop order or suspension proceedings being instituted by the securities and exchange commission relative to the securities and must continue to be suspended so long as the proceedings are pending and until the registration or filing with the securities and exchange commission is effective. All outstanding securities of the same class as a currently registered security are considered to be registered for the purpose of any nonissuer transaction. A registration statement which has become effective may not be withdrawn for 1 year from its effective date if any securities of the same class are outstanding. Subject to the provisions of 30-10-104 and 30-10-105 , a salesperson who offers or sells registered securities must be registered pursuant to 30-10-201 .

(4) The commissioner may require the person who filed the registration statement to file reports to keep reasonably current the information contained in the registration statement and to disclose the progress of the offering with respect to registered securities that are being offered and sold directly by or for the account of the issuer.

(5) A securities registration statement may not be withdrawn, whether or not the statement has become effective, without the express written consent of the commissioner.
Mont. Code Ann. § 30-2-303 — MT Code / Title 30 / Chapter 2 / Part 3 / Section 30-2-303
30-2-303 Allocation or division of risks
Status: in_force

30-2-303 . Allocation or division of risks. Where this chapter allocates a risk or a burden as between the parties "unless otherwise agreed", the agreement may not only shift the allocation but may also divide the risk or burden.
Mont. Code Ann. § 30-2-315 — MT Code / Title 30 / Chapter 2 / Part 3 / Section 30-2-315
30-2-315 Implied warranty -- fitness for particular purpose
Status: in_force

30-2-315 . Implied warranty -- fitness for particular purpose. Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.
Mont. Code Ann. § 30-12-211 — MT Code / Title 30 / Chapter 12 / Part 2 / Section 30-12-211
30-12-211 Duty of owners of incorrect apparatus
Status: in_force

30-12-211 . Duty of owners of incorrect apparatus. (1) Weights and measures that have been rejected under the authority of the department remain subject to the control of the department until suitable repair or disposition of them has been made as required by this section.

(2) The owner of rejected weights and measures shall correct them within 30 days or a longer period that may be authorized by the department.

(3) Instead of correction, the owner may dispose of the weights and measures, but only in a manner specifically authorized by the department.

(4) Weights and measures that have been rejected may not again be used commercially until they have been officially reexamined and found to be correct, until specific written permission for that use is issued by the department, or until the rejection tag has been removed and the rejected device has been repaired and placed in service by a person properly registered to perform those acts under a rule issued by the department for the registration of weights and measures service providers and service agencies.
Mont. Code Ann. § 30-14-501 — MT Code / Title 30 / Chapter 14 / Part 5 / Section 30-14-501
30-14-501 Purpose
Status: in_force

30-14-501 . Purpose. The purpose of this part is to afford persons subjected to high pressure personal solicitation sales tactics a cooling-off period.
Mont. Code Ann. § 30-10-316 — MT Code / Title 30 / Chapter 10 / Part 3 / Section 30-10-316
30-10-316 Sanctions
Status: in_force

30-10-316 . Sanctions. (1) In any private action arising under this part, upon final adjudication of the action, the court shall include in the record specific findings regarding compliance by each party and each attorney representing any party with each requirement of Rule 11 of the Montana Rules of Civil Procedure as to any complaint, responsive pleading, or dispositive motion.

(2) If the court makes a finding under subsection (1) that a party or attorney violated any requirement of Rule 11 of the Montana Rules of Civil Procedure as to any complaint, responsive pleading, or dispositive motion, the court shall impose sanctions on the party or attorney in accordance with Rule 11. Prior to making a finding that any party or attorney has violated Rule 11, the court shall give the party or attorney notice and an opportunity to respond.

(3) (a) Subject to subsections (3)(b) and (3)(c), for the purposes of subsection (2), the court shall adopt a presumption that the appropriate sanction:

(i) for failure of any responsive pleading or dispositive motion to comply with any requirement of Rule 11 is an award to the opposing party of the reasonable attorney fees and other expenses incurred as a direct result of the violation; and

(ii) for substantial failure of any complaint to comply with any requirement of Rule 11 is an award to the opposing party of the reasonable attorney fees and other expenses incurred in the action.

(b) The presumption described in subsection (3)(a) may be rebutted only upon proof by the party or attorney against whom sanctions are to be imposed that:

(i) the award of attorney fees and other expenses will impose an unreasonable burden on that party or attorney and would be unjust and the failure to make an award would not impose a greater burden on the party in whose favor sanctions are to be imposed; or

(ii) the violation of Rule 11 was de minimis.

(c) If the party or attorney against whom sanctions are to be imposed meets its burden under subsection (3)(b), the court shall award the sanctions that the court considers appropriate pursuant to Rule 11.
Mont. Code Ann. § 30-14-109 — MT Code / Title 30 / Chapter 14 / Part 1 / Section 30-14-109
30-14-109 Termination of travel credit prohibited -- fee limitation -- redemption
Status: in_force

30-14-109 . Termination of travel credit prohibited -- fee limitation -- redemption. (1) A travel credit is valid until redemption and does not terminate. A travel credit is considered trust property of the possessor if the issuer or seller of the travel credit declares bankruptcy after issuing or selling the travel credit.

(2) The value represented by the travel credit belongs to the possessor and not to the issuer or seller. An issuer or seller may redeem a travel credit presented by an individual whose name does not match the name on the travel credit.

(3) A travel credit may not be reduced in value by any fee, including a dormancy fee applied if a travel credit is not used.

(4) If the original value of the travel credit was more than $5 and the remaining value is less than $5 and the possessor requests cash for the remainder, the issuer or seller shall redeem the travel credit for cash.
Mont. Code Ann. § 30-10-325 — MT Code / Title 30 / Chapter 10 / Part 3 / Section 30-10-325
30-10-325 Operating pyramid promotional scheme unlawful
Status: in_force

30-10-325 . Operating pyramid promotional scheme unlawful. (1) A person may not conduct or promote or cause to be conducted or promoted a pyramid promotional scheme.

(2) A person who willfully violates the provisions of subsection (1) shall, for each participant giving consideration, be fined an amount not more than $100,000 or be imprisoned for not more than 10 years, or both.

(3) A person who violates the provisions of subsection (1) shall, for each participant giving consideration, be assessed a civil penalty in an administrative proceeding in an amount not to exceed $10,000.
Mont. Code Ann. § 30-16-301 — MT Code / Title 30 / Chapter 16 / Part 3 / Section 30-16-301
30-16-301 Business registration and licensing plan -- administration
Status: in_force

30-16-301 . Business registration and licensing plan -- administration. (1) The provisions of 16-11-120 , 16-11-122 , 30-12-203 , 30-16-104 , 50-50-201 , 50-50-203 , 50-50-205 , 50-50-207 , 50-50-214 , 50-57-201 through 50-57-206 , 50-57-208 , 80-7-106 , 81-9-201 , 81-20-201 , and 82-15-105 constitute a means of implementing a preliminary plan for streamlined registration and licensing procedures. Sections 16-11-120 , 16-11-122 , 30-12-203 , 30-16-104 , 50-50-201 , 50-50-203 , 50-50-205 , 50-50-207 , 50-50-214 , 50-57-201 through 50-57-206 , 50-57-208 , 80-7-106 , 81-9-201 , 81-20-201 , and 82-15-105 provide that certain licenses selected by the board of review must allow for:

(a) an anniversary date for license renewal that is set by the board of review;

(b) an electronic means of verifying the information required in the license application; and

(c) payment of fees required for licensure by credit card, debit card, or other commercially acceptable means as provided in 15-1-231 .

(2) The department shall designate an employee in charge of administering the plan whose duties include those of executive secretary of the board of review.
Mont. Code Ann. § 30-9A-626 — MT Code / Title 30 / Chapter 9A / Part 6 / Section 30-9A-626
30-9A-626 Action in which deficiency or surplus is in issue
Status: in_force

30-9A-626 . Action in which deficiency or surplus is in issue. (1) In an action arising from a transaction, other than a consumer transaction, in which the amount of a deficiency or surplus is in issue, the following rules apply:

(a) A secured party need not prove compliance with the provisions of this part relating to collection, enforcement, disposition, or acceptance unless the debtor or a secondary obligor places the secured party's compliance in issue.

(b) If the secured party's compliance is placed in issue, the secured party has the burden of establishing that the collection, enforcement, disposition, or acceptance was conducted in accordance with this part.

(c) Except as otherwise provided in 30-9A-628 , if a secured party fails to prove that the collection, enforcement, disposition, or acceptance was conducted in accordance with the provisions of this part relating to collection, enforcement, disposition, or acceptance, the liability of a debtor or a secondary obligor for a deficiency is limited to an amount by which the sum of the secured obligation, expenses, and attorneys fees exceeds the greater of:

(i) the proceeds of the collection, enforcement, disposition, or acceptance; or

(ii) the amount of proceeds that would have been realized had the noncomplying secured party proceeded in accordance with the provisions of this part relating to collection, enforcement, disposition, or acceptance.

(d) For purposes of subsection (1)(c)(ii), the amount of proceeds that would have been realized is equal to the sum of the secured obligation, expenses, and attorneys fees unless the secured party proves that the amount is less than that sum.

(e) If a deficiency or surplus is calculated under 30-9A-615 (6), the debtor or obligor has the burden of establishing that the amount of proceeds of the disposition is significantly below the range of prices that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought.

(2) The limitation of the rules in subsection (1) to transactions other than consumer transactions is intended to leave to the court the determination of the proper rules in consumer transactions. The court may not infer from that limitation the nature of the proper rule in consumer transactions and may continue to apply established approaches.
Mont. Code Ann. § 30-9A-602 — MT Code / Title 30 / Chapter 9A / Part 6 / Section 30-9A-602
30-9A-602 Waiver and variance of rights and duties
Status: in_force

30-9A-602 . Waiver and variance of rights and duties. Except as provided in 30-9A-624 , to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:

(1) 30-9A-207 (2)(d)(iii), which deals with use and operation of the collateral by the secured party;

(2) 30-9A-210 , which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

(3) 30-9A-607 (3), which deals with collection and enforcement of collateral;

(4) 30-9A-608 (1) and 30-9A-615 (3) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;

(5) 30-9A-608 (1) and 30-9A-615 (4) to the extent that they require accounting for or payment of surplus proceeds of collateral;

(6) 30-9A-609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace;

(7) 30-9A-610 (2), 30-9A-611 , 30-9A-613 , and 30-9A-614 , which deal with disposition of collateral;

(8) 30-9A-615 (6), which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor;

(9) 30-9A-616 , which deals with explanation of the calculation of a surplus or deficiency;

(10) 30-9A-620 through 30-9A-622 , which deal with acceptance of collateral in satisfaction of obligation;

(11) 30-9A-623 , which deals with redemption of collateral;

(12) 30-9A-624 , which deals with permissible waivers; and

(13) 30-9A-625 and 30-9A-626 , which deal with the secured party's liability for failure to comply with this chapter.