Mont. Code Ann. § 30-8-412 — MT Code / Title 30 / Chapter 8 / Part 4 / Section 30-8-412
30-8-412 Assurance that indorsement or instruction is effective
Status: in_force

30-8-412 . Assurance that indorsement or instruction is effective. (1) An issuer may require the following assurance that each necessary indorsement or each instruction is genuine and authorized:

(a) in all cases, a guaranty of the signature of the person making an indorsement or originating an instruction including, in the case of an instruction, reasonable assurance of identity;

(b) if the indorsement is made or the instruction is originated by an agent, appropriate assurance of actual authority to sign;

(c) if the indorsement is made or the instruction is originated by a fiduciary pursuant to 30-8-117 (1)(d) or (1)(e), appropriate evidence of appointment or incumbency;

(d) if there is more than one fiduciary, reasonable assurance that all who are required to sign have done so; and

(e) if the indorsement is made or the instruction is originated by a person not covered by another provision of this subsection, assurance appropriate to the case corresponding as nearly as may be to the provisions of this subsection.

(2) An issuer may elect to require reasonable assurance beyond that specified in this section.

(3) In this section:

(a) "Guaranty of the signature" means a guaranty signed by or on behalf of a person reasonably believed by the issuer to be responsible. An issuer may adopt standards with respect to responsibility if they are not manifestly unreasonable.

(b) "Appropriate evidence of appointment or incumbency" means:

(i) in the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of the court or an officer thereof and dated within 60 days before the date of presentation for transfer; or

(ii) in any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by an issuer to be responsible or, in the absence of that document or certificate, other evidence the issuer reasonably considers appropriate.
Mont. Code Ann. § 30-10-902 — MT Code / Title 30 / Chapter 10 / Part 9 / Section 30-10-902
30-10-902 Purpose
Status: in_force

30-10-902 . Purpose. The purpose of this part is to regulate the marketing and sale of living trusts in Montana and to provide civil remedies for fraudulent and deceptive sales practices.
Mont. Code Ann. § 30-14-132 — MT Code / Title 30 / Chapter 14 / Part 1 / Section 30-14-132
30-14-132 Powers of receiver -- proof of damages -- jurisdiction
Status: in_force

30-14-132 . Powers of receiver -- proof of damages -- jurisdiction. (1) When a receiver is appointed by the court pursuant to this part, the receiver has the power to sue for, collect, receive, and take into possession all goods and chattels, rights and credits, moneys and effects, lands and tenements, books, records, documents, papers, choses in action, bills, notes, and property of every description derived by means of any practice declared to be illegal and prohibited by this part, including property with which the property has been mingled if it cannot be identified in kind because of the commingling, and to sell, convey, and assign the same and hold and dispose of the proceeds of the property under the direction of the court.

(2) Any person who has suffered damages as a result of the use or employment of any unlawful practice and submits proof to the satisfaction of the court that the person has in fact been damaged may participate with general creditors in the distribution of the assets to the extent the person has sustained out-of-pocket losses.

(3) In the case of a partnership or business entity, the receiver shall settle the estate and distribute the assets under the direction of the court.

(4) The court has jurisdiction of all questions arising in the proceedings and may make orders and judgments as may be required.
Mont. Code Ann. § 30-11-219 — MT Code / Title 30 / Chapter 11 / Part 2 / Section 30-11-219
30-11-219 Warranty of truth of other marks
Status: in_force

30-11-219 . Warranty of truth of other marks. One who sells or agrees to sell any article to which there is affixed or attached a statement or mark to express the quantity or quality thereof or the place where it was in whole or in part produced, manufactured, or prepared thereby warrants the truth thereof.
Mont. Code Ann. § 30-2-609 — MT Code / Title 30 / Chapter 2 / Part 6 / Section 30-2-609
30-2-609 Right to adequate assurance of performance
Status: in_force

30-2-609 . Right to adequate assurance of performance. (1) A contract for sale imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party the other may in writing demand adequate assurance of due performance and until the party receives such assurance may if commercially reasonable suspend any performance for which the party has not already received the agreed return.

(2) Between merchants the reasonableness of grounds for insecurity and the adequacy of any assurance offered shall be determined according to commercial standards.

(3) Acceptance of any improper delivery or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance.

(4) After receipt of a justified demand failure to provide within a reasonable time not exceeding 30 days such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract.
Mont. Code Ann. § 30-3-417 — MT Code / Title 30 / Chapter 3 / Part 4 / Section 30-3-417
30-3-417 Transfer warranties
Status: in_force

30-3-417 . Transfer warranties. (1) A person who transfers an instrument for consideration warrants to the transferee and, if the transfer is by indorsement, to any subsequent transferee that:

(a) the warrantor is a person entitled to enforce the instrument;

(b) all signatures on the instrument are authentic and authorized;

(c) the instrument has not been altered;

(d) the instrument is not subject to a defense or claim in recoupment ( 30-3-305 (1)) of any party that can be asserted against the warrantor; and

(e) the warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer.

(2) A person to whom the warranties under subsection (1) are made and who took the instrument in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the instrument plus expenses and loss of interest incurred as a result of the breach.

(3) The warranties stated in subsection (1) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim.

(4) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
Mont. Code Ann. § 30-14-305 — MT Code / Title 30 / Chapter 14 / Part 3 / Section 30-14-305
30-14-305 License agreements -- unlawful provisions
Status: in_force

30-14-305 . License agreements -- unlawful provisions. (1) It is unlawful for any license agreement that provides for a fee or other payment to the distributor based in whole or in part on the attendance or the box office receipts at a theater within the state to contain or be conditioned upon a guarantee of a minimum payment to the distributor.

(2) Any provision, agreement, or understanding entered into after October 1, 1981, that provides for such a guarantee is void, and any purported waiver of the prohibition in subsection (1) is void and unenforceable.
Mont. Code Ann. § 30-2-312 — MT Code / Title 30 / Chapter 2 / Part 3 / Section 30-2-312
30-2-312 Warranty of title and against infringement -- buyer's obligation against infringement
Status: in_force

30-2-312 . Warranty of title and against infringement -- buyer's obligation against infringement. (1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that:

(a) the title conveyed shall be good, and its transfer rightful; and

(b) the goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.

(2) A warranty under subsection (1) will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title or that the seller is purporting to sell only the right or title as the seller or a third person may have.

(3) Unless otherwise agreed a seller who is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third person by way of infringement or the like but a buyer who furnishes specifications to the seller must hold the seller harmless against any such claim which arises out of compliance with the specifications.
Mont. Code Ann. § 30-9A-519 — MT Code / Title 30 / Chapter 9A / Part 5 / Section 30-9A-519
30-9A-519 Numbering, maintaining, and indexing records -- communicating information provided in records
Status: in_force

30-9A-519 . Numbering, maintaining, and indexing records -- communicating information provided in records. (1) For each record filed in a filing office, the filing office shall:

(a) assign a unique number to the filed record;

(b) create a record that bears the number assigned to the filed record and the date and time of filing;

(c) maintain the filed record for public inspection; and

(d) index the filed record in accordance with subsections (3), (4), and (5).

(2) A file number assigned after January 1, 2002, must include a digit that:

(a) is mathematically derived from or related to the other digits of the file number; and

(b) enables the filing office to detect whether a number communicated as the file number includes a single-digit or transpositional error.

(3) Except as otherwise provided in subsections (4) and (5), the filing office shall:

(a) index an initial financing statement according to the name of the debtor and shall index all filed records relating to the initial financing statement in a manner that associates with one another an initial financing statement and all filed records relating to the initial financing statement; and

(b) index a record that provides a name of a debtor that was not previously provided in the financing statement to which the record relates also according to the name that was not previously provided.

(4) If a financing statement is filed as a fixture filing or covers as-extracted collateral or timber to be cut, it must be filed for record and the filing office shall index it:

(a) under the names of the debtor and of each owner of record shown on the financing statement as if they were the mortgagors under a mortgage of the real property described; and

(b) to the extent that the law of this state provides for indexing of mortgages under the name of the mortgagee, under the name of the secured party as if the secured party were the mortgagee thereunder, or if indexing is by description, as if the financing statement were a mortgage of the real property described.

(5) If a financing statement is filed as a fixture filing or covers as-extracted collateral or timber to be cut, the filing office shall index an assignment filed under 30-9A-514 (1) or an amendment filed under 30-9A-514 (2):

(a) under the name of the assignor as grantor; and

(b) to the extent that the law of this state provides for indexing the assignment of a mortgage under the name of the assignee, under the name of the assignee.

(6) The filing office shall maintain a capability:

(a) to retrieve a record by the name of the debtor and:

(i) if the filing office is described in 30-9A-501 (1)(a), by the file number assigned to the initial financing statement to which the record relates and the date and time that the record was filed; or

(ii) if the filing office is described in 30-9A-501 (1)(b), by the file number assigned to the initial financing statement to which the record relates; and

(b) to associate and retrieve with one another an initial financing statement and each filed record relating to the initial financing statement.

(7) The filing office may not remove a debtor's name from the index until 1 year after the effectiveness of a financing statement naming the debtor lapses under 30-9A-515 with respect to all secured parties of record.

(8) The filing office shall perform the acts required by subsections (1) through (5) 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 record in question.

(9) Subsections (2) and (8) do not apply to a filing office described in 30-9A-501 (1)(a).
Mont. Code Ann. § 30-13-153 — MT Code / Title 30 / Chapter 13 / Part 1 / Section 30-13-153
30-13-153 Remedies for bad faith assertion of patent right
Status: in_force

30-13-153 . Remedies for bad faith assertion of patent right. (1) The attorney general may enforce 30-13-151 through 30-13-154 and conduct civil investigations and bring civil actions for violations of 30-13-151 through 30-13-154 .

(2) In an action brought by the attorney general under 30-13-151 through 30-13-154 , the court may award or impose any relief available under 30-13-154 .

(3) An intended recipient or affiliated person may bring a cause of action for a violation of 30-13-151 through 30-13-154 and may seek relief provided for in 30-13-154 .

(4) In addition to the relief provided for in 30-13-154 , upon a motion by the attorney general or a party bringing a claim pursuant to subsection (3) and a finding by the court that there is a reasonable likelihood that a person violated 30-13-152 , the court may require the person to post a bond in an amount equal to a good faith estimate of the costs to litigate a claim and amounts reasonably likely to be recovered if an action were to be brought pursuant to this section. A hearing must be held upon request of any party.
Mont. Code Ann. § 30-11-109 — MT Code / Title 30 / Chapter 11 / Part 1 / Section 30-11-109
30-11-109 When usual common-law covenants required by contracts
Status: in_force

30-11-109 . When usual common-law covenants required by contracts. An agreement on the part of a seller of real property to give the usual covenants binds the seller to insert in the grant covenants of "seisin", "quiet enjoyment", "further assurance", "general warranty", and "against encumbrances".
Mont. Code Ann. § 30-4A-506 — MT Code / Title 30 / Chapter 4A / Part 5 / Section 30-4A-506
30-4A-506 Rate of interest
Status: in_force

30-4A-506 . Rate of interest. (1) If, under this chapter, a receiving bank is obliged to pay interest with respect to a payment order issued to the bank, the amount payable may be determined:

(a) by agreement of the sender and receiving bank; or

(b) by a funds-transfer system rule if the payment order is transmitted through a funds-transfer system.

(2) If the amount of interest is not determined by an agreement or rule as stated in subsection (1), the amount is calculated by multiplying the applicable federal funds rate by the amount on which interest is payable and then multiplying the product by the number of days for which interest is payable. The applicable federal funds rate is the average of the federal funds rates published by the federal reserve bank of New York for each of the days for which interest is payable divided by 360. The federal funds rate for any day on which a published rate is not available is the same as the published rate for the next preceding day for which there is a published rate. If a receiving bank that accepted a payment order is required to refund payment to the sender of the order because the funds transfer was not completed, but the failure to complete was not due to any fault by the bank, the interest payable is reduced by a percentage equal to the reserve requirement on deposits of the receiving bank.
Mont. Code Ann. § 30-2-724 — MT Code / Title 30 / Chapter 2 / Part 7 / Section 30-2-724
30-2-724 Admissibility of market quotations
Status: in_force

30-2-724 . Admissibility of market quotations. Whenever the prevailing price or value of any goods regularly bought and sold in any established commodity market is in issue, reports in official publications or trade journals or in newspapers or periodicals of general circulation published as the reports of such market shall be admissible in evidence. The circumstances of the preparation of such a report may be shown to affect its weight but not its admissibility.
Mont. Code Ann. § 30-14-406 — MT Code / Title 30 / Chapter 14 / Part 4 / Section 30-14-406
30-14-406 Preservation of secret
Status: in_force

30-14-406 . Preservation of secret. In an action under this part, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
Mont. Code Ann. § 30-2-604 — MT Code / Title 30 / Chapter 2 / Part 6 / Section 30-2-604
30-2-604 Buyer's options as to salvage of rightfully rejected goods
Status: in_force

30-2-604 . Buyer's options as to salvage of rightfully rejected goods. Subject to the provisions of 30-2-603 on perishables if the seller gives no instruction within a reasonable time after notification of rejection the buyer may store the rejected goods for the seller's account or reship them to the seller or resell them for the seller's account with reimbursement as provided in 30-2-603 . The action is not acceptance or conversion.
Mont. Code Ann. § 30-12-705 — MT Code / Title 30 / Chapter 12 / Part 7 / Section 30-12-705
30-12-705 Void
Status: in_force

30-12-705 . Void. Sec. 8, Ch. 279, L. 2005.
Mont. Code Ann. § 30-9A-337 — MT Code / Title 30 / Chapter 9A / Part 3 / Section 30-9A-337
30-9A-337 Priority of security interests in goods covered by certificate of title
Status: in_force

30-9A-337 . Priority of security interests in goods covered by certificate of title. If, while a security interest in goods is perfected by any method under the law of another jurisdiction, this state issues a certificate of title that does not show that the goods are subject to the security interest or contain a statement that they may be subject to security interests not shown on the certificate:

(1) a buyer of the goods, other than a person that is in the business of selling goods of that kind, takes free of the security interest if the buyer gives value and receives delivery of the goods after issuance of the certificate and without knowledge of the security interest; and

(2) the security interest is subordinate to a conflicting security interest in the goods that attaches, and is perfected under 30-9A-311 (2), after issuance of the certificate and without the conflicting secured party's knowledge of the security interest.
Mont. Code Ann. § 30-10-1004 — MT Code / Title 30 / Chapter 10 / Part 10 / Section 30-10-1004
30-10-1004 Creation of securities restitution assistance fund
Status: in_force

30-10-1004 . (Temporary) Creation of securities restitution assistance fund. (1) There is an account in the state special revenue fund to the credit of the commissioner for use only for securities restitution assistance. This account may be referred to as the "securities restitution assistance fund" or "fund". The money in the fund is statutorily appropriated, as provided in 17-7-502 , to the commissioner for the purposes provided in subsection (4) of this section.

(2) (a) The fund consists of amounts received by the commissioner from:

(i) persons who have violated any provision of parts 1 through 3 of this chapter;

(ii) persons who have voluntarily contributed to the fund; and

(iii) a portion of fees collected under 30-10-209 (1)(b) as provided in 30-10-209 (6)(b).

(b) Amounts received by the commissioner for deposit in the fund do not include administrative penalties or fines imposed under this chapter and as referenced under the Montana Administrative Procedure Act, Title 2, chapter 4, part 6.

(c) The amounts received for the fund may not be placed in the general fund.

(3) Amounts received by the commissioner for deposit in the fund must be promptly turned over to the state treasurer for deposit in the fund created under subsection (1).

(4) The fund may be used by the commissioner only to pay awards of restitution assistance under this part.

(5) Whenever a claimant is paid from the securities restitution assistance fund pursuant to this part, the securities restitution assistance fund is subrogated, to the extent of the payment to the claimant, to the rights of the claimant to any restitution ordered by the court beyond the amount that would make the claimant whole. The commissioner may, on behalf of the securities restitution assistance fund, file any document in a court of competent jurisdiction to enforce this right. (Terminates June 30, 2027--secs. 3, 4, Ch. 404, L. 2021.)
Mont. Code Ann. § 30-14-141 — MT Code / Title 30 / Chapter 14 / Part 1 / Section 30-14-141
30-14-141 Dissolution or forfeiture of corporate franchise
Status: in_force

30-14-141 . Dissolution or forfeiture of corporate franchise. Upon petition by the department, the district court may, in its discretion, order the dissolution, suspension, or forfeiture of franchise of any corporation which violates the terms of any injunction issued under 30-14-111 .
Mont. Code Ann. § 30-24-101 — MT Code / Title 30 / Chapter 24 / Part 1 / Section 30-24-101
30-24-101 Short title
Status: in_force

30-24-101 . Short title. This part may be cited as the "Financial Freedom and Innovation Act".
Mont. Code Ann. § 30-10-1101 — MT Code / Title 30 / Chapter 10 / Part 11 / Section 30-10-1101
30-10-1101 Short title
Status: in_force

30-10-1101 . Short title. This part may be cited as the "Whistleblower Award and Protection Act".
Mont. Code Ann. § 30-3-421 — MT Code / Title 30 / Chapter 3 / Part 4 / Section 30-3-421
30-3-421 Refusal to pay cashier's checks, teller's checks, and certified checks
Status: in_force

30-3-421 . Refusal to pay cashier's checks, teller's checks, and certified checks. (1) In this section, "obligated bank" means the acceptor of a certified check or the issuer of a cashier's check or teller's check bought from the issuer.

(2) If the obligated bank wrongfully refuses to pay a cashier's check or certified check, stops payment of a teller's check, or refuses to pay a dishonored teller's check, the person asserting the right to enforce the check is entitled to compensation for expenses and loss of interest resulting from the nonpayment and may recover consequential damages if the obligated bank refuses to pay after receiving notice of particular circumstances giving rise to the damages.

(3) Expenses or consequential damages under subsection (2) are not recoverable if the refusal of the obligated bank to pay occurs because:

(a) the bank suspends payments;

(b) the obligated bank is asserting a claim or defense of the bank that it has reasonable grounds to believe is available against the person entitled to enforce the instrument;

(c) the obligated bank has a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument; or

(d) payment is prohibited by law.
Mont. Code Ann. § 30-13-152 — MT Code / Title 30 / Chapter 13 / Part 1 / Section 30-13-152
30-13-152 Bad faith assertion of patent right
Status: in_force

30-13-152 . Bad faith assertion of patent right. (1) A person may not, in connection with the assertion of a United States patent, send or cause a person to send a written or electronic communication stating in bad faith that the intended recipient or an affiliated person is infringing or has infringed a patent and bears liability or owes compensation to another person if:

(a) the communication falsely states that litigation has been filed against the intended recipient or threatens litigation if compensation is not paid or the infringement issue is not otherwise resolved; or

(b) the assertions contained in the communication lack a reasonable basis in fact or law because:

(i) the person asserting the patent is not or does not represent a person with the current right to license the patent to or enforce the patent against the intended recipient or an affiliated person;

(ii) the communication seeks compensation for a patent that has been held to be invalid or unenforceable in a final judicial or administrative decision;

(iii) the communication seeks compensation on account of activities undertaken after the patent has expired; or

(iv) the content of the communication fails to include information necessary to inform an intended recipient or affiliated person about the patent assertion by failing to include one of the following:

(A) the identity of the person asserting a right to license the patent to or enforce the patent against the intended recipient or an affiliated person;

(B) the patent number issued by the United States patent and trademark office for a patent that is alleged to have been infringed; or

(C) the factual allegations concerning the specific area in which the intended recipient's or affiliated person's technology, products, or services infringed the patent or are covered by the claims of the patent.

(2) It is not a violation of this section for a person who owns or has the right to license or enforce a patent to :

(a) advise others of that ownership or right of license or enforcement;

(b) communicate to others that a patent is available for license or sale;

(c) notify another of the infringement of the patent; or

(d) if the person is not acting in bad faith, seek compensation for past or present infringement or for a license to the patent.

(3) Sections 30-13-151 through 30-13-154 do not apply to a written or electronic communication sent by:

(a) an owner of a patent or a licensee who is using the patent in connection with substantial research, development, production, manufacturing, processing, or delivery of products or materials;

(b) an institution of higher education; or

(c) a technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by an institution of higher education.

(4) This section does not apply to a demand letter or civil action that includes a claim for relief arising under 35 U.S.C. 271(e)(2).
Mont. Code Ann. § 30-2A-303 — MT Code / Title 30 / Chapter 2A / Part 3 / Section 30-2A-303
30-2A-303 Alienability of party's interest under lease contract or of lessor's residual interest in goods -- delegation of performance -- transfer of rights
Status: in_force

30-2A-303 . Alienability of party's interest under lease contract or of lessor's residual interest in goods -- delegation of performance -- transfer of rights. (1) As used in this section, "creation of a security interest" includes the sale of a lease contract that is subject to Title 30, chapter 9A, secured transactions, by reason of 30-9A-109 (1)(c).

(2) Except as provided in 30-9A-407 and subsection (3) of this section, a provision in a lease agreement that prohibits the voluntary or involuntary transfer, including a transfer by sale, sublease, creation or enforcement of a security interest, or attachment, levy, or other judicial process, of an interest of a party under the lease contract or of the lessor's residual interest in the goods or that makes such a transfer an event of default gives rise to the rights and remedies provided in subsection (4), but a transfer that is prohibited or is an event of default under the lease agreement is otherwise effective.

(3) A provision in a lease agreement that prohibits a transfer of a right to damages for default with respect to the whole lease contract or of a right to payment arising out of the transferor's due performance of the transferor's entire obligation or that makes such a transfer an event of default is not enforceable, and such a transfer 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 other party to the lease contract within the purview of subsection (4).

(4) Subject to 30-9A-407 and subsection (3) of this section:

(a) if a transfer is made that is made an event of default under a lease agreement, the party to the lease contract not making the transfer, unless that party waives the default or otherwise agrees, has the rights and remedies described in 30-2A-501 ;

(b) if subsection (4)(a) is not applicable and if a transfer is made that is prohibited under a lease agreement or 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 other party to the lease contract, unless the party not making the transfer agrees at any time to the transfer in the lease contract or otherwise, then, except as limited by contract:

(i) the transferor is liable to the party not making the transfer for damages caused by the transfer to the extent that the damages could not reasonably be prevented by the party not making the transfer; and

(ii) a court having jurisdiction may grant other appropriate relief, including cancellation of the lease contract or an injunction against the transfer.

(5) A transfer of "the lease" or of "all my rights under the lease" or a transfer in similar general terms is a transfer of rights, and unless the language or the circumstances, as in a transfer for security, indicate the contrary, the transfer is a delegation of duties by the transferor to the transferee. Acceptance by the transferee constitutes a promise by the transferee to perform those duties. The promise is enforceable by either the transferor or the other party to the lease contract.

(6) Unless otherwise agreed by the lessor and the lessee, a delegation of performance does not relieve the transferor as against the other party of any duty to perform or of any liability for default.

(7) In a consumer lease, to prohibit the transfer of an interest of a party under the lease contract or to make a transfer an event of default, the language must be specific, by a writing, and conspicuous.
Mont. Code Ann. § 30-13-333 — MT Code / Title 30 / Chapter 13 / Part 3 / Section 30-13-333
30-13-333 Infringement
Status: in_force

30-13-333 . Infringement. (1) In addition to the penalties and remedies provided for in 30-13-338 and subject to the provisions of 30-13-336 and subsection (2) of this section, a person is liable in a civil action brought by the registrant under 30-13-335 if the person:

(a) uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this part in connection with the sale, offering for sale, or advertising of any goods or services on or in connection with which the use is likely to cause confusion or mistake or to deceive as to the source of origin of the goods or services; or

(b) reproduces, counterfeits, copies, or colorably imitates any registered mark and applies the reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in conjunction with the sale or other distribution in this state of the goods or services.

(2) However, the registrant is not entitled to recover under subsection (1)(b) any profits or damages unless the acts have been committed with knowledge that the mark is intended to be used to cause confusion or mistake or to deceive.
Mont. Code Ann. § 30-4-111 — MT Code / Title 30 / Chapter 4 / Part 1 / Section 30-4-111
30-4-111 Truncation
Status: in_force

30-4-111 . Truncation. (1) "Truncation agreement" means an agreement, clearinghouse rule, or federal reserve regulation or operating circular, providing that presentment of an item may be made by transmission of an image of an item or information describing the item ("presentment notice") rather than delivery of the item itself. The agreement may provide for procedures governing retention, presentment, payment, dishonor, and other matters concerning items subject to the truncation agreement.

(2) If presentment is made pursuant to a truncation agreement, a reference to "item" or "check" in this chapter means the presentment notice unless the context otherwise indicates.

(3) An intermediary bank handling a presentment notice pursuant to a truncation agreement has the rights of a holder of the item to the same extent it would have had rights in the item if the item had been physically transferred to it in the course of collection.
Mont. Code Ann. § 30-25-203 — MT Code / Title 30 / Chapter 25 / Part 2 / Section 30-25-203
30-25-203 Enforcement -- right of victim to bring action -- private right of action -- statute of limitations
Status: in_force

30-25-203 . Enforcement -- right of victim to bring action -- private right of action -- statute of limitations. (1) A victim, or the parent or guardian of a victim if the victim is currently under 18 years of age, depicted in child sexual abuse material that is accessed in violation of 30-25-202 may maintain an action to seek the remedies available under 30-25-204 as well as restitution for a violation of 30-25-202 .

(2) For any violation of 30-25-202 not prosecuted by the victim under the authority in subsection (1), a private person may maintain an action to seek the remedies under 30-25-204 . The private person shall serve a copy of the complaint on a victim who is harmed by the violation alleged in the complaint if the identity of the victim can be reasonably ascertained.

(3) An action under subsection (1) must be brought within 15 years of the violation.

(4) An action under subsection (2) must be brought within 10 years of the violation.

(5) (a) A victim's failure to bring an action under subsection (1) or intervene in an action under subsection (2) does not preclude a victim's ability to bring a tort action for an injury caused by a violation of 30-25-202 , but damages awarded in a tort action for the violation must be reduced by the amount of damages paid to a victim under 30-25-204 .

(b) An action brought under subsection (2) does not preclude a subsequent claim brought by a victim under subsection (1) for restitution, compensatory damages, or 50% of the combined punitive and statutory damages if:

(i) the victim does not intervene in the action brought under subsection (2); and

(ii) no relief is awarded to the victim under 30-25-204 in the action brought under subsection (2).

(6) A person who meets an exception to the definition of content provider under 30-25-201 (2)(b) and also engages in activity covered under the same definition may be found to be in violation of this section only to the extent that the person engages in an activity prohibited under this section as a content provider.

(7) For the purposes of this section, each single piece of visual content containing child sexual abuse material constitutes a violation, regardless of whether the visual content is a copy or duplicate.
Mont. Code Ann. § 30-8-331 — MT Code / Title 30 / Chapter 8 / Part 3 / Section 30-8-331
30-8-331 Delivery
Status: in_force

30-8-331 . Delivery. (1) Delivery of a certificated security to a purchaser occurs when:

(a) the purchaser acquires possession of the security certificate;

(b) another person, other than a securities intermediary, either acquires possession of the security certificate on behalf of the purchaser or, having previously acquired possession of the certificate, acknowledges that it holds for the purchaser; or

(c) a securities intermediary acting on behalf of the purchaser acquires possession of the security certificate, only if the certificate is in registered form and is:

(i) registered in the name of the purchaser;

(ii) payable to the order of the purchaser; or

(iii) specially indorsed to the purchaser by an effective indorsement and has not been indorsed to the securities intermediary or in blank.

(2) Delivery of an uncertificated security to a purchaser occurs when:

(a) the issuer registers the purchaser as the registered owner, upon original issue or registration of transfer; or

(b) another person, other than a securities intermediary, either becomes the registered owner of the uncertificated security on behalf of the purchaser or, having previously become the registered owner, acknowledges that it holds for the purchaser.
Mont. Code Ann. § 30-14-1728 — MT Code / Title 30 / Chapter 14 / Part 17 / Section 30-14-1728
30-14-1728 Consumer reporting agency requirements
Status: in_force

30-14-1728 . Consumer reporting agency requirements. (1) Except as provided in subsection (2), a consumer reporting agency shall place a security freeze on a consumer's credit report no later than 5 business days after receiving from the consumer:

(a) a written or electronic request, as provided in 30-14-1727 ;

(b) proper identification; and

(c) a fee, if applicable.

(2) If a consumer who has been the victim of identity theft, as prescribed by 45-6-332 , requests a security freeze, the consumer reporting agency shall place a security freeze on the consumer's credit report no later than 24 hours after receiving notice as provided in 30-14-1727 and a valid police report, investigative report, or complaint that the consumer has filed with a law enforcement agency.

(3) The consumer reporting agency shall send a written confirmation of the security freeze to the consumer within 5 business days of placing the security freeze and at the same time shall provide the consumer with a unique personal identification number, password, or similar device to be used by the consumer when providing authorization for a release of the consumer's credit for a specific party or period of time, as provided in 30-14-1729 .

(4) A consumer reporting agency may not suggest or otherwise state or imply to a third party that the consumer's security freeze reflects a negative credit score, history, report, or rating.
Mont. Code Ann. § 30-9A-333 — MT Code / Title 30 / Chapter 9A / Part 3 / Section 30-9A-333
30-9A-333 Priority of certain liens arising by operation of law
Status: in_force

30-9A-333 . Priority of certain liens arising by operation of law. (1) In this section, "possessory lien" means an interest, other than a security interest or an agricultural lien:

(a) that secures payment or performance of an obligation for services or materials furnished with respect to goods by a person in the ordinary course of the person's business;

(b) that is created by statute or rule of law in favor of the person; and

(c) whose effectiveness depends on the person's possession of the goods.

(2) A possessory lien on goods has priority over a security interest in the goods unless the lien is created by a statute that expressly provides otherwise.
Mont. Code Ann. § 30-4-407 — MT Code / Title 30 / Chapter 4 / Part 4 / Section 30-4-407
30-4-407 Payor bank's right to subrogation on improper payment
Status: in_force

30-4-407 . Payor bank's right to subrogation on improper payment. If a payor bank has paid an item over the stop payment order of the drawer or maker, after an account has been closed, or otherwise under circumstances giving a basis for objection by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to prevent loss to the bank by reason of its payment of the item, the payor bank shall be subrogated to the rights:

(1) of any holder in due course on the item against the drawer or maker; and

(2) of the payee or any other holder of the item against the drawer or maker either on the item or under the transaction out of which the item arose; and

(3) of the drawer or maker against the payee or any other holder of the item with respect to the transaction out of which the item arose.
Mont. Code Ann. § 30-9A-405 — MT Code / Title 30 / Chapter 9A / Part 4 / Section 30-9A-405
30-9A-405 Modification of assigned contract
Status: in_force

30-9A-405 . Modification of assigned contract. (1) A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that the modification or substitution is a breach of contract by the assignor. This subsection is subject to subsections (2) through (4).

(2) Subsection (1) applies to the extent that:

(a) the right to payment or a part thereof under an assigned contract has not been fully earned by performance; or

(b) the right to payment or a part thereof has been fully earned by performance and the account debtor has not received notification of the assignment under 30-9A-406 (1).

(3) This section is subject to law other than this chapter that establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.

(4) This section does not apply to an assignment of a health-care-insurance receivable.
Mont. Code Ann. § 30-14-133 — MT Code / Title 30 / Chapter 14 / Part 1 / Section 30-14-133
30-14-133 Damages -- limitation on residential construction disputes -- notice to public agencies -- attorney fees -- prior judgment as evidence
Status: in_force

30-14-133 . Damages -- limitation on residential construction disputes -- notice to public agencies -- attorney fees -- prior judgment as evidence. (1) (a) Except as provided in subsection (1)(b), a consumer who suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by another person of a method, act, or practice declared unlawful by 30-14-103 may bring an individual action but not a class action under the rules of civil procedure in the district court of the county in which the seller, lessor, or service provider resides or has its principal place of business or is doing business to recover money damages in the amount of any ascertainable loss of money or property or $500, whichever is greater. An individual claim may be brought in justice's court. A consumer may bring an individual action under this section within the timeframe described in 27-2-211 . The court may not award punitive damages but may, in its discretion, award up to three times the money damages in the amount of any ascertainable loss of money or property sustained, if actual damages do not exceed $100,000, and may provide any other equitable relief that it considers necessary or proper.

(b) A consumer may not bring or maintain an action under this section if the consumer is bringing an action subject to 70-19-427 or 70-19-428 against a construction professional.

(2) Upon commencement of any action brought under subsection (1), the clerk of court shall mail a copy of the complaint or initial pleading to the department and the appropriate county attorney and, upon entry of any judgment or decree in the action, shall mail a copy of the judgment or decree to the department and the appropriate county attorney.

(3) In any action brought under this section, the court may award the prevailing party reasonable attorney fees incurred in prosecuting or defending the action, except that attorney fees may not be awarded if the consumer recovers actual damages of $100,000 or more. Attorney fees are limited to no more than $250 an hour. A person who brings an action on the person's own behalf without an attorney may receive attorney fees at the judge's discretion.

(4) Any permanent injunction, judgment, or order of the court made under 30-14-111 is prima facie evidence in an action brought under this section that the respondent used or employed a method, act, or practice declared unlawful by 30-14-103 .
Mont. Code Ann. § 30-3-303 — MT Code / Title 30 / Chapter 3 / Part 3 / Section 30-3-303
30-3-303 Value and consideration
Status: in_force

30-3-303 . Value and consideration. (1) An instrument is issued or transferred for value if:

(a) the instrument is issued or transferred for a promise of performance, to the extent that the promise has been performed;

(b) the transferee acquires a security interest or other lien in the instrument other than a lien obtained by judicial proceedings;

(c) the instrument is issued or transferred as payment of, or as security for, an existing obligation of any person, whether or not the obligation is due;

(d) the instrument is issued or transferred in exchange for a negotiable instrument; or

(e) the instrument is issued or transferred in exchange for the incurring of an irrevocable obligation to a third party by the person taking the instrument.

(2) "Consideration" means any consideration sufficient to support a simple contract. The drawer or maker of an instrument has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance, the drawer or maker has a defense to the extent performance of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in subsection (1), the instrument is also issued for consideration.
Mont. Code Ann. § 30-11-502 — MT Code / Title 30 / Chapter 11 / Part 5 / Section 30-11-502
30-11-502 Sale by auction
Status: reserved

30-11-502 . Sale by auction. (1) In a sale by auction of goods by lot, each lot is the subject of a separate sale.

(2) A sale by auction is complete when the auctioneer announces the sale by the fall of the hammer or other customary manner. When a bid is made while the hammer is falling in acceptance of a prior bid, the auctioneer may reopen the bidding or declare the goods sold under the bid on which the hammer was falling.

(3) An auction sale is with reserve unless the goods are in explicit terms put up without reserve. In an auction with reserve, the auctioneer may withdraw the goods at any time until the auctioneer announces completion of the sale. In an auction without reserve, after the auctioneer calls for bids on an article or lot, that article or lot cannot be withdrawn unless a bid is not made within a reasonable time. In either case a bidder may retract a bid until the auctioneer's announcement of completion of the sale, but a bidder's retraction does not revive any previous bid.

(4) If the auctioneer knowingly receives a bid on the seller's behalf or the seller makes or procures a bid and notice has not been given that liberty for the bidding is reserved, the buyer may avoid the sale or take the goods at the price of the last good faith bid prior to the completion of the sale. This subsection does not apply to any bid at a forced sale.
Mont. Code Ann. § 30-2-314 — MT Code / Title 30 / Chapter 2 / Part 3 / Section 30-2-314
30-2-314 Implied warranty -- merchantability -- usage of trade
Status: in_force

30-2-314 . Implied warranty -- merchantability -- usage of trade. (1) Unless excluded or modified ( 30-2-316 ), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.

(2) Goods to be merchantable must be at least such as:

(a) pass without objection in the trade under the contract description; and

(b) in the case of fungible goods, are of fair average quality within the description; and

(c) are fit for the ordinary purposes for which such goods are used; and

(d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and

(e) are adequately contained, packaged, and labeled as the agreement may require; and

(f) conform to the promises or affirmations of fact made on the container or label if any.

(3) Unless excluded or modified ( 30-2-316 ) other implied warranties may arise from course of dealing or usage of trade.
Mont. Code Ann. § 30-9A-301 — MT Code / Title 30 / Chapter 9A / Part 3 / Section 30-9A-301
30-9A-301 Law governing perfection and priority of security interests
Status: in_force

30-9A-301 . Law governing perfection and priority of security interests. Except as otherwise provided in 30-9A-303 through 30-9A-306 and 30-9A-306B , the following rules determine the law governing perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral:

(1) Except as otherwise provided in this section, while a debtor is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in collateral.

(2) While collateral is located in a jurisdiction, the local law of that jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a possessory security interest in that collateral.

(3) Except as otherwise provided in subsection (4), while negotiable tangible documents, goods, instruments, or money is located in a jurisdiction, the local law of that jurisdiction governs:

(a) perfection of a security interest in the goods by filing a fixture filing;

(b) perfection of a security interest in timber to be cut; and

(c) the effect of perfection or nonperfection and the priority of a nonpossessory security interest in the collateral.

(4) The local law of the jurisdiction in which the wellhead or minehead is located governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in as-extracted collateral.
Mont. Code Ann. § 30-2-301 — MT Code / Title 30 / Chapter 2 / Part 3 / Section 30-2-301
30-2-301 General obligations of parties
Status: in_force

30-2-301 . General obligations of parties. The obligation of the seller is to transfer and deliver and that of the buyer is to accept and pay in accordance with the contract.
Mont. Code Ann. § 30-14-104 — MT Code / Title 30 / Chapter 14 / Part 1 / Section 30-14-104
30-14-104 Federal interpretation -- rules determining unfair competition and deception
Status: in_force

30-14-104 . Federal interpretation -- rules determining unfair competition and deception. (1) It is the intent of the legislature that in construing 30-14-103 due consideration and weight must be given to the interpretations of the federal trade commission and the federal courts relating to section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C., 45(a)(1)), as amended.

(2) The department may make rules interpreting the provisions of 30-14-103 . The rules may not be inconsistent with the rules, regulations, and decisions of the federal trade commission and the federal courts in interpreting the provisions of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C., 45(a)(1)), as amended.

(3) The provisions of 30-14-103 include but are not limited to an act or practice of providing consumer reviews or testimonials that are false, misleading, or otherwise unfair or deceptive in violation of 16 CFR, part 465.
Mont. Code Ann. § 30-14-202 — MT Code / Title 30 / Chapter 14 / Part 2 / Section 30-14-202
30-14-202 Definitions
Status: in_force

30-14-202 . Definitions. As used in this part, unless the context indicates otherwise, the following definitions apply:

(1) (a) "Article of commerce" includes but is not limited to any commodity, product, service or output of a service trade, or any product of the soil.

(b) The term does not include a product or service of a public utility.

(2) "Business" includes any person, domestic or foreign, engaged in the production, manufacture, distribution, purchasing, or sale of any article of commerce within the state of Montana.

(3) (a) "Cost", as applied to production, includes the cost of raw materials, labor, and all overhead expenses of the producer.

(b) Cost, as applied to distribution, means either the invoice price of the article or product sold or the cost to the dealer or vendor for replacing the article or product in the quantity last purchased within 90 days prior to the sale of the article or product, whichever is less, minus all trade discounts except customary cash discounts plus the cost of doing business by the vendor.

(4) "Cost of doing business" or "overhead expense" includes all costs of doing business incurred in the conduct of a business and includes but is not limited to the following items of expense:

(a) labor (including salaries of executives and officers);

(b) rent;

(c) interest on borrowed capital;

(d) depreciation;

(e) selling cost;

(f) maintenance of equipment;

(g) delivery costs;

(h) credit losses;

(i) all types of licenses;

(j) taxes;

(k) insurance and advertising.

(5) "Customary cash discount" means any allowance not exceeding 2%, whether a part of a larger discount or not, made to a wholesale or retail vendor when the vendor pays for merchandise within a limited or specified time.

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

(7) "Person" includes any person, partnership, firm, corporation, joint-stock company, or other association engaged in business within this state.

(8) "Vendor" includes not only any person acting as one known generally and legally as a vendor but also any person who performs work upon, renovates, alters, or improves any personal property belonging to another person.
Mont. Code Ann. § 30-10-341 — MT Code / Title 30 / Chapter 10 / Part 3 / Section 30-10-341
30-10-341 Third-party disclosure -- immunity
Status: in_force

30-10-341 . Third-party disclosure -- immunity. (1) A qualified individual, investment adviser, investment adviser representative, or salesperson who reasonably believes that the financial exploitation of a vulnerable person is occurring, has or may have occurred, is being attempted, or has been or may have been attempted:

(a) may notify:

(i) a federal, state, or local law enforcement agency;

(ii) the department of public health and human services provided for in 2-15-2201 or its local affiliate; or

(iii) the commissioner;

(b) may notify any third party reasonably associated with a vulnerable person. A third party reasonably associated with a vulnerable person includes but is not limited to the following:

(i) a parent, spouse, adult child, sibling, or other known family member or close associate of a vulnerable person;

(ii) an authorized contact provided by a vulnerable person to the qualified individual, investment adviser, investment adviser representative, or salesperson;

(iii) a co-owner, additional authorized signatory, or beneficiary of a vulnerable person's account; and

(iv) an attorney-in-fact, trustee, conservator, guardian, or other fiduciary who has been selected by a vulnerable person, a court, a government agency, or a third party to manage some or all of the financial affairs of the vulnerable person;

(c) may not notify any third party reasonably associated with a vulnerable person of suspected financial exploitation if the qualified individual, investment adviser, investment adviser representative or salesperson believes the third party is, may be, or may have been engaged in the financial exploitation of the vulnerable person.

(2) A qualified individual, investment adviser, investment adviser representative, or salesperson who, in good faith and exercising reasonable care, complies with this section is immune from administrative or civil liability that might otherwise arise from the disclosure.
Mont. Code Ann. § 30-3-404 — MT Code / Title 30 / Chapter 3 / Part 4 / Section 30-3-404
30-3-404 Unauthorized signatures
Status: in_force

30-3-404 . Unauthorized signatures. (1) Unless otherwise provided in this chapter, an unauthorized signature is ineffective except as the signature of the unauthorized signer in favor of a person who in good faith pays the instrument or takes it for value. An unauthorized signature may be ratified for all purposes of this chapter.

(2) If the signature of more than one person is required to constitute the authorized signature of an organization, the signature of the organization is unauthorized if one of the required signatures is missing.

(3) The civil or criminal liability of a person who makes an unauthorized signature is not affected by any provision of this chapter that makes the unauthorized signature effective for the purposes of this chapter.
Mont. Code Ann. § 30-9A-517 — MT Code / Title 30 / Chapter 9A / Part 5 / Section 30-9A-517
30-9A-517 Effect of indexing errors
Status: in_force

30-9A-517 . Effect of indexing errors. The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record.
Mont. Code Ann. § 30-4-302 — MT Code / Title 30 / Chapter 4 / Part 3 / Section 30-4-302
30-4-302 Payor bank's responsibility for late return of item
Status: in_force

30-4-302 . Payor bank's responsibility for late return of item. (1) If an item is presented to and received by a payor bank the bank is accountable for the amount of:

(a) a demand item, other than a documentary draft, whether properly payable or not if the bank, in any case in which it is not also the depositary bank, retains the item beyond midnight of the banking day of receipt without settling for it or, regardless of whether it is also the depositary bank, does not settle for or return the item or send notice of dishonor until after its midnight deadline; or

(b) any other properly payable item unless within the time allowed for acceptance or payment of that item the bank either accepts or pays the item or returns it and accompanying documents.

(2) The liability of a payor bank to pay an item pursuant to subsection (1) is subject to defenses based on breach of a presentment warranty ( 30-4-215 ) or proof that the person seeking enforcement of the liability presented or transferred the item for the purpose of defrauding the payor bank.
Mont. Code Ann. § 30-14-903 — MT Code / Title 30 / Chapter 14 / Part 9 / Section 30-14-903
30-14-903 Federal interpretation
Status: in_force

30-14-903 . Federal interpretation. It is the intent of the legislature that in construing 30-14-901 and 30-14-902 , due consideration and weight be given to the interpretations of the federal trade commission and the federal courts relating to the provisions of the federal Robinson-Patman Antidiscrimination Act regarding discrimination in price that are codified in 15 U.S.C. 13(b) and (c).
Mont. Code Ann. § 30-4-209 — MT Code / Title 30 / Chapter 4 / Part 2 / Section 30-4-209
30-4-209 When bank gives value for purposes of holder in due course
Status: in_force

30-4-209 . When bank gives value for purposes of holder in due course. For purposes of determining its status as a holder in due course, a bank has given value to the extent it has a security interest in an item, provided the bank otherwise complies with the requirements of 30-3-302 on what constitutes a holder in due course.
Mont. Code Ann. § 30-12-208 — MT Code / Title 30 / Chapter 12 / Part 2 / Section 30-12-208
30-12-208 Stop-use, stop-removal, and removal orders
Status: in_force

30-12-208 . Stop-use, stop-removal, and removal orders. The department may issue stop-use orders, stop-removal orders, and removal orders with respect to weights and measures being or susceptible of being commercially used and issue stop-removal orders and removal orders with respect to packages or amounts or commodities kept, offered, or exposed for sale, sold, or in process of delivery whenever in the course of enforcement of parts 1 through 5 it considers it necessary or expedient to issue those orders. A person may not use, remove from the premises specified, or fail to remove from the premises specified any weight, measure, or package or amount of commodity contrary to the terms of a stop-use order, stop-removal order, or removal order issued under this section.
Mont. Code Ann. § 30-10-306 — MT Code / Title 30 / Chapter 10 / Part 3 / Section 30-10-306
30-10-306 Criminal liabilities
Status: in_force

30-10-306 . Criminal liabilities. (1) A person who willfully violates any provision of parts 1 through 3 of this chapter except 30-10-302 , who willfully violates any rule or order under parts 1 through 3 of this chapter, or who willfully violates 30-10-302 knowing the statement made to be false or misleading in any material respect shall upon conviction be fined not more than $5,000 or imprisoned not more than 10 years, or both. However, if the person convicted has been previously convicted of a felony in any way involving securities, imprisonment for not less than 1 year is mandatory.

(2) A person who willfully violates 30-10-301 with knowledge that the violation would affect a vulnerable person shall upon conviction be fined not more than $20,000 or imprisoned not more than 20 years, or both.

(3) An indictment or information may not be returned under parts 1 through 3 of this chapter more than 8 years after the alleged violation. However, the time limitation period may be extended allowing commencement of a prosecution within 1 year after the date the commissioner or other prosecuting officer becomes aware of the violation.

(4) The commissioner may refer evidence that may be available concerning violations of parts 1 through 3 of this chapter or of any rule or order under parts 1 through 3 of this chapter to the attorney general or the proper prosecuting attorney, who may in the prosecutor's discretion, with or without a reference, institute the appropriate criminal proceedings under parts 1 through 3 of this chapter.

(5) Parts 1 through 3 of this chapter do not limit the power of the state to punish any person for any conduct that constitutes a crime.
Mont. Code Ann. § 30-11-202 — MT Code / Title 30 / Chapter 11 / Part 2 / Section 30-11-202
30-11-202 When seller may resell
Status: in_force

30-11-202 . When seller may resell. If a buyer of personal property does not pay for it according to contract and it remains in the possession of the seller after payment is due, the seller may rescind the sale or may enforce the seller's lien for the price in the manner prescribed by the law on liens.
Mont. Code Ann. § 30-14-1103 — MT Code / Title 30 / Chapter 14 / Part 11 / Section 30-14-1103
30-14-1103 Requirements for contracts
Status: in_force

30-14-1103 . Requirements for contracts. (1) A consumer contract must be written in plain language.

(2) A consumer contract is written in plain language if:

(a) it is written in a clear and coherent manner using words with common and everyday meanings;

(b) it is appropriately divided and captioned by its various sections;

(c) it uses type of readable size;

(d) it uses ink that contrasts with the paper.
Mont. Code Ann. § 30-14-2818 — MT Code / Title 30 / Chapter 14 / Part 28 / Section 30-14-2818
30-14-2818 Responsibility according to role -- processing data of minors
Status: in_force

30-14-2818 . Responsibility according to role -- processing data of minors. (1) A processor shall adhere to the instructions of a controller and shall assist the controller to meet the controller's obligations under 30-14-2811 and 30-14-2819 , taking into account the nature of the processing and the information available to the processor. The processor shall assist the controller by:

(a) taking appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the controller's obligations under 30-14-2811 ; and

(b) providing information to enable the controller to conduct and document data protection assessments pursuant to 30-14-2819 .

(2) A contract between a controller and a processor must satisfy the requirements of 30-14-2813 (2).

(3) Nothing in this section may be construed to relieve a controller or processor from the liabilities imposed on the controller or processor by virtue of the controller's or processor's role in the processing relationship as described in 30-14-2811 and 30-14-2819 .

(4) Determining whether a person is acting as a controller or processor with respect to a specific processing of personal data is a fact-based determination that depends on the context in which personal data is to be processed. A person that is not limited in the person's processing of personal data pursuant to a controller's instructions or that fails to adhere to the instructions is a controller and not a processor with respect to a specific processing of personal data. A processor that continues to adhere to a controller's instructions with respect to a specific processing of personal data remains a processor. If a processor begins, alone or jointly with others, determining the purposes and means of the processing of personal data, the processor is a controller with respect to the processing and may be subject to an enforcement action under 30-14-2817 .
Mont. Code Ann. § 30-5-126 — MT Code / Title 30 / Chapter 5 / Part 1 / Section 30-5-126
30-5-126 Issuance, amendment, cancellation, and duration
Status: in_force

30-5-126 . Issuance, amendment, cancellation, and duration. (1) A letter of credit is issued and becomes enforceable according to its terms against the issuer when the issuer sends or otherwise transmits it to the person requested to advise or to the beneficiary. A letter of credit is revocable only if it so provides.

(2) After a letter of credit is issued, rights and obligations of a beneficiary, applicant, confirmer, and issuer are not affected by an amendment or cancellation to which that person has not consented except to the extent the letter of credit provides that it is revocable or that the issuer may amend or cancel the letter of credit without that consent.

(3) If there is no stated expiration date or other provision that determines its duration, a letter of credit expires one year after its stated date of issuance or, if none is stated, after the date on which it is issued.

(4) A letter of credit that states that it is perpetual expires 5 years after its stated date of issuance, or if none is stated, after the date on which it is issued.
Mont. Code Ann. § 30-9A-311 — MT Code / Title 30 / Chapter 9A / Part 3 / Section 30-9A-311
30-9A-311 Perfection of security interests in property subject to certain statutes, regulations, and treaties
Status: in_force

30-9A-311 . Perfection of security interests in property subject to certain statutes, regulations, and treaties. (1) Except as otherwise provided in subsection (4), the filing of a financing statement is not necessary or effective to perfect a security interest in property subject to:

(a) a statute, regulation, or treaty of the United States whose requirements for a security interest's obtaining priority over the rights of a lien creditor with respect to the property preempt 30-9A-310 (1);

(b) the certificate of title provisions of Title 23 or 61; or

(c) a statute of another jurisdiction that provides for a security interest to be indicated on a certificate of title as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the property.

(2) Compliance with the requirements of a statute, regulation, or treaty described in subsection (1) for obtaining priority over the rights of a lien creditor is equivalent to the filing of a financing statement under this chapter. Except as otherwise provided in 30-9A-313 and 30-9A-316 (4) and (5) and subsection (4) of this section for goods covered by a certificate of title, a security interest in property subject to a statute, regulation, or treaty described in subsection (1) may be perfected only by compliance with those requirements, and a security interest so perfected remains perfected notwithstanding a change in the use or transfer of possession of the collateral.

(3) Except as otherwise provided in 30-9A-316 (4) and (5) and subsection (4) of this section, duration and renewal of perfection of a security interest perfected by compliance with the requirements prescribed by a statute, regulation, or treaty described in subsection (1) are governed by the statute, regulation, or treaty. In other respects the security interest is subject to this chapter.

(4) During any period in which collateral subject to a statute specified in subsection (1)(b) is inventory held for sale or lease by a person or leased by that person as lessor and that person is in the business of selling goods of that kind, this section does not apply to a security interest in that collateral created by that person.
Mont. Code Ann. § 30-20-207 — MT Code / Title 30 / Chapter 20 / Part 2 / Section 30-20-207
30-20-207 Tax exemption for manufacturing of ammunition components -- conditions -- real property exemption applies to safety zone
Status: in_force

30-20-207 . (Temporary) Tax exemption for manufacturing of ammunition components -- conditions -- real property exemption applies to safety zone. (1) A person or entity in this state engaged in the primary business of the manufacture of ammunition components that meets the conditions in subsections (2) through (4) is exempt from:

(a) property taxes levied for state educational purposes under 20-9-331 , 20-9-333 , 20-9-360 , and 20-25-439 ;

(b) the business equipment tax levied pursuant to 15-6-138 ;

(c) individual income taxes as provided in Title 15, chapter 30;

(d) corporate income or alternative corporate income taxes as provided in Title 15, chapter 31; and

(e) any other tax on business activity levied by the state, except:

(i) the local portion of property tax not exempt under subsection (1)(a); or

(ii) an employer's share of employee payroll taxes that are used to finance state-mandated programs, including unemployment insurance and workers' compensation.

(2) A person or entity in this state engaged in the primary business of the manufacture of ammunition components is exempt from taxation as provided under subsection (1) if the person's or entity's business meets the following conditions:

(a) the products of the business are and remain available to commercial and individual consumers in the state;

(b) the business sells its products to in-state commercial and individual consumers for a price no greater than that for out-of-state purchasers, including any products that leave the state regardless of destination or purchaser; and

(c) the business does not enter into any agreement or contract that could actually or potentially command or commit all of its production to out-of-state consumers or interfere with or prohibit sales and provision of products to in-state consumers.

(3) The exemptions allowed under subsection (1) apply only to the property, income, and business activity attributable to the manufacture of ammunition components.

(4) The real property exemption allowed under subsection (1)(a) encompasses any property within 500 yards of a structure used for the manufacture of ammunition components or of any structure used for storage of products manufactured onsite. (Terminates December 31, 2035--sec. 11, Ch. 675, L. 2025.)
Mont. Code Ann. § 30-2A-213 — MT Code / Title 30 / Chapter 2A / Part 2 / Section 30-2A-213
30-2A-213 Implied warranty of fitness for particular purpose
Status: in_force

30-2A-213 . Implied warranty of fitness for particular purpose. Except in a finance lease, if the lessor at the time the lease contract is made has reason to know of any particular purpose for which the goods are required and that the lessee is relying on the lessor's skill or judgment to select or furnish suitable goods, there is in the lease contract an implied warranty that the goods will be fit for that purpose.
Mont. Code Ann. § 30-11-605 — MT Code / Title 30 / Chapter 11 / Part 6 / Section 30-11-605
30-11-605 Principal's consent needed to relieve factor from liability
Status: in_force

30-11-605 . Principal's consent needed to relieve factor from liability. A factor who receives property for sale under a general agreement or usage to guarantee the sales or the remittance of the proceeds cannot be relieved from responsibility for the sale or remittance without the consent of the factor's principal.
Mont. Code Ann. § 30-9A-516 — MT Code / Title 30 / Chapter 9A / Part 5 / Section 30-9A-516
30-9A-516 What constitutes filing -- effectiveness of filing
Status: in_force

30-9A-516 . What constitutes filing -- effectiveness of filing. (1) Except as otherwise provided in subsection (2), communication of a record to a filing office and tender of the filing fee or acceptance of the record by the filing office constitutes filing.

(2) Filing does not occur with respect to a record that a filing office refuses to accept because:

(a) the record is not communicated by a method or medium of communication authorized by the filing office;

(b) an amount equal to or greater than the applicable filing fee is not tendered;

(c) the filing office is unable to index the record because:

(i) in the case of an initial financing statement, the record does not provide a name for the debtor;

(ii) in the case of an amendment or information statement, the record:

(A) does not identify the initial financing statement as required by 30-9A-512 or 30-9A-518 , as applicable; or

(B) identifies an initial financing statement whose effectiveness has lapsed under 30-9A-515 ;

(iii) in the case of an initial financing statement that provides the name of a debtor identified as an individual or an amendment that provides a name of a debtor identified as an individual that was not previously provided in the financing statement to which the record relates, the record does not identify the debtor's surname; or

(iv) in the case of a record filed or recorded in the filing office described in 30-9A-501 (1)(a), the record does not provide a sufficient description of the real property to which it relates;

(d) in the case of an initial financing statement or an amendment that adds a secured party of record, the record does not provide a name and mailing address for the secured party of record;

(e) in the case of an initial financing statement or an amendment that provides a name of a debtor that was not previously provided in the financing statement to which the amendment relates, the record does not:

(i) provide a mailing address for the debtor; or

(ii) indicate whether the name provided as the name of the debtor is the name of an individual or an organization;

(f) in the case of an assignment reflected in an initial financing statement under 30-9A-514 (1) or an amendment filed under 30-9A-514 (2), the record does not provide a name and mailing address for the assignee; or

(g) in the case of a continuation statement, the record is not filed within the 6-month period prescribed by 30-9A-515 (4).

(3) For purposes of subsection (2):

(a) a record does not provide information if the filing office is unable to read or decipher the information; and

(b) a record that does not indicate that it is an amendment or identify an initial financing statement to which it relates, as required by 30-9A-512 , 30-9A-514 , or 30-9A-518 , is an initial financing statement.

(4) A record that is communicated to the filing office with tender of the filing fee, but that the filing office refuses to accept for a reason other than one set forth in subsection (2), is effective as a filed record except as against a purchaser of the collateral that gives value in reasonable reliance upon the absence of the record from the files.
Mont. Code Ann. § 30-5-124 — MT Code / Title 30 / Chapter 5 / Part 1 / Section 30-5-124
30-5-124 Formal requirements
Status: in_force

30-5-124 . Formal requirements. A letter of credit, confirmation, advice, transfer, amendment, or cancellation may be issued in any form that is a signed record.
Mont. Code Ann. § 30-14-208 — MT Code / Title 30 / Chapter 14 / Part 2 / Section 30-14-208
30-14-208 Unfair competition in purchasing
Status: in_force

30-14-208 . Unfair competition in purchasing. (1) Any business which, for the purpose of creating a monopoly or destroying the business of a regularly established dealer or preventing the competition of any person who in good faith intends or attempts to become such dealer, discriminates between different persons or localities of this state by purchasing any article of commerce at a higher rate or price in one locality than in another, after making due allowance for the difference in the actual cost of transportation from the point of purchase to the point of manufacture, sale, storage, or distribution and for the difference in the grade and quality of such article, is guilty of unfair discrimination, which is prohibited and unlawful.

(2) Proof that any person has paid a higher rate or price for any article of commerce in one locality than in another, after making due allowance for the difference in the actual cost of transportation and for the difference in the grade and quality of such article, shall be prima facie evidence of a violation of this section.

(3) The payment of a higher rate or price in one locality than in another, after making such allowance provided above, is not unfair discrimination provided such higher rate or price is paid for the purpose of meeting the rate or price set by a competitor in such locality. The burden of proof of such fact is upon the person charged with unfair discrimination.
Mont. Code Ann. § 30-2-504 — MT Code / Title 30 / Chapter 2 / Part 5 / Section 30-2-504
30-2-504 Shipment by seller
Status: in_force

30-2-504 . Shipment by seller. Where the seller is required or authorized to send the goods to the buyer and the contract does not require the seller to deliver them at a particular destination, then unless otherwise agreed the seller must:

(1) put the goods in the possession of such a carrier and make such a contract for their transportation as may be reasonable having regard to the nature of the goods and other circumstances of the case; and

(2) obtain and promptly deliver or tender in due form any document necessary to enable the buyer to obtain possession of the goods or otherwise required by the agreement or by usage of trade; and

(3) promptly notify the buyer of the shipment. Failure to notify the buyer under this subsection or to make a proper contract under subsection (1) is a ground for rejection only if material delay or loss ensues.
Mont. Code Ann. § 30-13-202 — MT Code / Title 30 / Chapter 13 / Part 2 / Section 30-13-202
30-13-202 Registration of assumed business name -- when prohibited -- contest procedure -- rulemaking authority
Status: reserved

30-13-202 . Registration of assumed business name -- when prohibited -- contest procedure -- rulemaking authority. (1) When an application for registration or amendment to the registration of an assumed business name contains an assumed business name that is the same as or not distinguishable on the record from an assumed business name already registered or from any corporate name, limited partnership name, limited liability company name, limited liability partnership name, trademark, or service mark registered or reserved with the secretary of state, the secretary of state may not register the assumed business name for which application is made.

(2) An applicant for an assumed business name may not use a business name identifier that incorrectly states the type of entity that it is or incorrectly implies that it is a type of entity other than the type of entity that it is.

(3) A person doing business in this state may contest the registration of an assumed business name by following the procedures set forth in 35-14-401 .

(4) The secretary of state may adopt rules to implement the provisions of this chapter that assign duties to the secretary of state.
Mont. Code Ann. § 30-12-302 — MT Code / Title 30 / Chapter 12 / Part 3 / Section 30-12-302
30-12-302 Method of sale of commodities -- packages -- declarations of quantity and origin -- variations -- exemptions
Status: in_force

30-12-302 . Method of sale of commodities -- packages -- declarations of quantity and origin -- variations -- exemptions. (1) Except as otherwise provided in parts 1 through 5, a commodity in package form introduced or delivered for introduction into or received in intrastate commerce, kept for the purpose of sale, or offered or exposed for sale in intrastate commerce shall bear on the outside of the package definite, plain, and conspicuous declarations of:

(a) the identity of the commodity in the package unless it can easily be identified through the wrapper or container;

(b) the net quantity of the contents in terms of weight, measure, or count; and

(c) in the case of any package kept, offered, or exposed for sale or sold in any place other than on the premises where packed, the name and place of business of the manufacturer, packer, or distributor, as may be prescribed by rules adopted by the department.

(2) In connection with the declaration required under subsection (1)(b), neither the qualifying term "when packed" nor words of similar import nor any term qualifying a unit of weight, measure, or count (for example, "jumbo", "giant", "full", and the like) that tends to exaggerate the amount of commodity in a package may be used.

(3) Under subsection (1)(b), the department shall by rule establish:

(a) reasonable variations to be allowed, which may include variations below the declared weight or measure caused by ordinary and customary exposure, only after the commodity is introduced into intrastate commerce, to conditions that normally occur in good distribution practice and that unavoidably result in decreased weight or measure;

(b) exemptions as to small packages; and

(c) exemptions as to commodities put up in variable weights or sizes for sale intact and either customarily not sold as individual units or customarily weighed or measured at time of sale to the consumer.

(4) The marking provisions of this section do not apply to unwrapped loaves of bread or to berries and small fruits sold in conformance with part 4.
Mont. Code Ann. § 30-9A-610 — MT Code / Title 30 / Chapter 9A / Part 6 / Section 30-9A-610
30-9A-610 Disposition of collateral after default
Status: in_force

30-9A-610 . Disposition of collateral after default. (1) After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing.

(2) Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable. If commercially reasonable, a secured party may dispose of collateral by public or private proceedings, by one or more contracts, as a unit or in parcels, and at any time and place and on any terms.

(3) A secured party may purchase collateral:

(a) at a public disposition; or

(b) at a private disposition only if the collateral is of a kind that is customarily sold on a recognized market or the subject of widely distributed standard price quotations.

(4) A contract for sale, lease, license, or other disposition includes the warranties relating to title, possession, quiet enjoyment, and the like that by operation of law accompany a voluntary disposition of property of the kind subject to the contract.

(5) A secured party may disclaim or modify warranties under subsection (4):

(a) in a manner that would be effective to disclaim or modify the warranties in a voluntary disposition of property of the kind subject to the contract of disposition; or

(b) by communicating to the purchaser a record evidencing the contract for disposition and including an express disclaimer or modification of the warranties.

(6) A record is sufficient to disclaim warranties under subsection (5) if it indicates "There is no warranty relating to title, possession, quiet enjoyment, or the like in this disposition" or uses words of similar import.
Mont. Code Ann. § 30-14-301 — MT Code / Title 30 / Chapter 14 / Part 3 / Section 30-14-301
30-14-301 Short title
Status: in_force

30-14-301 . Short title. This part shall be known and may be cited as the "Motion Picture Fair Trade Practices Act".
Mont. Code Ann. § 30-9A-313 — MT Code / Title 30 / Chapter 9A / Part 3 / Section 30-9A-313
30-9A-313 When possession by or delivery to secured party perfects security interest without filing
Status: in_force

30-9A-313 . When possession by or delivery to secured party perfects security interest without filing. (1) Except as otherwise provided in subsection (2), a secured party may perfect a security interest in goods, instruments, negotiable tangible documents, or money by taking possession of the collateral. A secured party may perfect a security interest in certificated securities by taking delivery of the certificated securities under 30-8-331 .

(2) With respect to goods covered by a certificate of title issued by this state, a secured party may perfect a security interest in the goods by taking possession of the goods only in the circumstances described in 30-9A-316 (4).

(3) With respect to collateral other than certificated securities and goods covered by a document, a secured party takes possession of collateral in the possession of a person other than the debtor, the secured party, or a lessee of the collateral from the debtor in the ordinary course of the debtor's business when:

(a) the person in possession signs a record acknowledging that it holds possession of the collateral for the secured party's benefit; or

(b) the person takes possession of the collateral after having signed a record acknowledging that it will hold possession of the collateral for the secured party's benefit.

(4) If perfection of a security interest depends upon possession of the collateral by a secured party, perfection occurs not earlier than the time the secured party takes possession and continues only while the secured party retains possession.

(5) A security interest in a certificated security in registered form is perfected by delivery when delivery of the certificated security occurs under 30-8-331 and remains perfected by delivery until the debtor obtains possession of the security certificate.

(6) A person in possession of collateral is not required to acknowledge that it holds possession for a secured party's benefit.

(7) If a person acknowledges that it holds possession for the secured party's benefit:

(a) the acknowledgment is effective under 30-8-331 (1) or subsection (3) of this section, even if the acknowledgment violates the rights of a debtor; and

(b) unless the person otherwise agrees or law other than this chapter otherwise provides, the person does not owe any duty to the secured party and is not required to confirm the acknowledgment to another person.

(8) A secured party having possession of collateral does not relinquish possession by delivering the collateral to a person other than the debtor or a lessee of the collateral from the debtor in the ordinary course of the debtor's business if the person was instructed before the delivery or is instructed contemporaneously with the delivery:

(a) to hold possession of the collateral for the secured party's benefit; or

(b) to redeliver the collateral to the secured party.

(9) A secured party does not relinquish possession even if a delivery under subsection (8) violates the rights of a debtor. A person to which collateral is delivered under subsection (8) does not owe any duty to the secured party and is not required to confirm the delivery to another person unless the person otherwise agrees or law other than this chapter otherwise provides.
Mont. Code Ann. § 30-2-720 — MT Code / Title 30 / Chapter 2 / Part 7 / Section 30-2-720
30-2-720 Effect of "cancellation" or "rescission" on claims for antecedent breach
Status: in_force

30-2-720 . Effect of "cancellation" or "rescission" on claims for antecedent breach. Unless the contrary intention clearly appears, expressions of "cancellation" or "rescission" of the contract or the like shall not be construed as a renunciation or discharge of any claim in damages for an antecedent breach.
Mont. Code Ann. § 30-9A-314 — MT Code / Title 30 / Chapter 9A / Part 3 / Section 30-9A-314
30-9A-314 Perfection by control
Status: in_force

30-9A-314 . Perfection by control. (1) A security interest in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, investment property, or letter-of-credit rights may be perfected by control of the collateral under 30-7-107 , 30-9A-104 , 30-9A-106 , 30-9A-107 , or 30-9A-107A .

(2) A security interest in controllable accounts, controllable electronic records, controllable payment intangibles, deposit accounts, electronic documents, or letter-of-credit rights is perfected by control under 30-7-107 , 30-9A-104 , 30-9A-105 , 30-9A-107 , or 30-9A-107A not earlier than the time the secured party obtains control and remains perfected by control only while the secured party retains control.

(3) A security interest in investment property is perfected by control under 30-9A-106 not earlier than the time the secured party obtains control and remains perfected by control until:

(a) the secured party does not have control; and

(b) one of the following occurs:

(i) if the collateral is a certificated security, the debtor has or acquires possession of the security certificate;

(ii) if the collateral is an uncertificated security, the issuer has registered or registers the debtor as the registered owner; or

(iii) if the collateral is a security entitlement, the debtor is or becomes the entitlement holder.
Mont. Code Ann. § 30-8-124 — MT Code / Title 30 / Chapter 8 / Part 1 / Section 30-8-124
30-8-124 Evidentiary rules concerning certificated securities
Status: in_force

30-8-124 . Evidentiary rules concerning certificated securities. The following rules apply in an action on a certificated security against the issuer:

(1) Unless specifically denied in the pleadings, each signature on a security certificate or in a necessary indorsement is admitted.

(2) If the effectiveness of a signature is put in issue, the burden of establishing effectiveness is on the party claiming under the signature, but the signature is presumed to be genuine or authorized.

(3) If signatures on a security certificate are admitted or established, production of the certificate entitles a holder to recover on it unless the defendant establishes a defense or a defect going to the validity of the security.

(4) If it is shown that a defense or defect exists, the plaintiff has the burden of establishing that the plaintiff or some person under whom the plaintiff claims is a person against whom the defense or defect cannot be asserted.
Mont. Code Ann. § 30-9A-309 — MT Code / Title 30 / Chapter 9A / Part 3 / Section 30-9A-309
30-9A-309 Security interest perfected on attachment
Status: in_force

30-9A-309 . Security interest perfected on attachment. The following security interests are perfected when they attach:

(1) a purchase-money security interest in consumer goods, except as otherwise provided in 30-9A-311 (2) with respect to consumer goods that are subject to a statute or treaty described in 30-9A-311 (1);

(2) an assignment of accounts or payment intangibles that does not by itself or in conjunction with other assignments to the same assignee transfer a significant part of the assignor's outstanding accounts or payment intangibles;

(3) a sale of a payment intangible;

(4) a sale of a promissory note;

(5) a security interest created by the assignment of a health-care-insurance receivable to the provider of the health care goods or services;

(6) a security interest arising under 30-2-401 , 30-2-505 , 30-2-711 (3), or 30-2A-508 (5), until the debtor obtains possession of the collateral;

(7) a security interest of a collecting bank arising under 30-4-208 ;

(8) a security interest of an issuer or nominated person arising under 30-5-118 ;

(9) a security interest arising in the purchase or delivery of a financial asset under 30-9A-206 (3);

(10) a security interest in investment property created by a broker or securities intermediary;

(11) a security interest in a commodity contract or a commodity account created by a commodity intermediary;

(12) an assignment for the benefit of all creditors of the transferor and subsequent transfers by the assignee thereunder; and

(13) a security interest created by an assignment of a beneficial interest in a decedent's estate.
Mont. Code Ann. § 30-25-304 — MT Code / Title 30 / Chapter 25 / Part 3 / Section 30-25-304
30-25-304 Trust contribution for profitable video content involving minor child
Status: in_force

30-25-304 . Trust contribution for profitable video content involving minor child. (1) A content creator meeting the criteria under subsection (2) shall compensate, under subsection (3), the content creator's minor child whose likeness, name, or photograph constitutes the video content meeting the criteria in subsection (2)(a).

(2) This section applies to a content creator meeting the following criteria at any time within the previous 12-month period:

(a) (i) the number of views received for each video segment on an online platform or network meets the platform or network's threshold for generation of compensation; or

(ii) the content creator receives actual compensation for the video content equal to or greater than $0.10 a view; and

(b) at least 30% of the content creator's compensated video content produced within a 30-day period includes the likeness, name, or photograph of the content creator's minor child.

(3) A content creator meeting the criteria in subsection (2) shall set aside a percentage, calculated under subsection (4), of the gross earnings on the video content including the likeness, name, or photograph of the content creator's minor child in a trust to be preserved for the benefit of the minor on reaching the age of majority according to the following distribution:

(a) if only one minor child meets the content threshold described in subsection (2)(b), the percentage required under subsection (4) of total gross earnings on a video segment including the likeness, name, or photograph of the content creator's minor child that is equal to or greater than the content percentage that includes the minor child as described in subsection (2)(b); or

(b) if more than one minor child meets the content threshold described in subsection (2)(b) and a video segment includes more than one of those children, the additive percentage required under subsection (4) for all minor children in a video segment must be equally divided between the children, regardless of differences in percentage of content featuring the individual children.

(4) (a) For video segments that include the likeness, name, or photograph of the minor that is equal to or greater than 30% but less than 50% of the compensated video content, the trust contribution under subsection (3) must be equal to 10% of the gross earnings.

(b) For video segments that include the likeness, name, or photograph of the minor that is equal to or greater than 50% but less than 75% of the compensated video content, the trust contribution under subsection (3) must be equal to 25% of the gross earnings.

(c) For video segments that include the likeness, name, or photograph of a minor that is equal to or greater than 75% of the compensated video content, the trust contribution under subsection (3) must be equal to 50% of the gross earnings.

(5) Content percentage is measured by the percentage of time the likeness, name, or photograph of the content creator's minor child visually appears or is the subject of an oral narrative in a video segment, as compared to the total length of the video segment.
Mont. Code Ann. § 30-12-210 — MT Code / Title 30 / Chapter 12 / Part 2 / Section 30-12-210
30-12-210 Police powers
Status: in_force

30-12-210 . Police powers. In enforcing the provisions of parts 1 through 5 or any other law pertaining to weights and measures, the department may, in the manner provided by law for peace officers, arrest violators, conduct searches and inspections, and seize for use as evidence incorrect or unsealed weights and measures or packages of commodities unlawfully used, possessed, offered, or exposed for sale or unlawfully sold.
Mont. Code Ann. § 30-9A-204 — MT Code / Title 30 / Chapter 9A / Part 2 / Section 30-9A-204
30-9A-204 After acquired property -- future advances
Status: in_force

30-9A-204 . After acquired property -- future advances. (1) Except as otherwise provided in subsection (2), a security agreement may create or provide for a security interest in after-acquired collateral.

(2) (a) Subject to subsection (2)(b), a security interest does not attach under a term constituting an after-acquired property clause to:

(i) consumer goods, other than an accession when given as additional security, unless the debtor acquires rights in them within 10 days after the secured party gives value; or

(ii) a commercial tort claim.

(b) Subsection (2)(a) does not prevent a security interest from attaching:

(i) to consumer goods as proceeds under 30-9A-315 (1) or commingled goods under 30-9A-336 (3);

(ii) to a commercial tort claim as proceeds under 30-9A-315 (1); or

(iii) under an after-acquired property clause to property that is proceeds of consumer goods or a commercial tort claim.

(3) A security agreement may provide that collateral secures, or that accounts, chattel paper, payment intangibles, or promissory notes are sold in connection with, future advances or other value, whether or not the advances or value are given pursuant to commitment.
Mont. Code Ann. § 30-10-1107 — MT Code / Title 30 / Chapter 10 / Part 11 / Section 30-10-1107
30-10-1107 Discretion to determine amount of whistleblower award
Status: in_force

30-10-1107 . Discretion to determine amount of whistleblower award. The determination of the amount of an award made under this part is in the discretion of the commissioner consistent with 30-10-1106 and 30-10-1109 .
Mont. Code Ann. § 30-7-106 — MT Code / Title 30 / Chapter 7 / Part 1 / Section 30-7-106
30-7-106 Reissuance in alternative medium
Status: in_force

30-7-106 . Reissuance in alternative medium. (1) Upon request of a person entitled under an electronic document of title, the issuer of the electronic document may issue a tangible document of title as a substitute for the electronic document if:

(a) the person entitled under the electronic document surrenders control of the document to the issuer; and

(b) the tangible document when issued contains a statement that it is issued in substitution for the electronic document.

(2) Upon issuance of a tangible document of title in substitution for an electronic document of title in accordance with subsection (1):

(a) the electronic document ceases to have any effect or validity; and

(b) the person that procured issuance of the tangible document warrants to all subsequent persons entitled under the tangible document that the warrantor was a person entitled under the electronic document when the warrantor surrendered control of the electronic document to the issuer.

(3) Upon request of a person entitled under a tangible document of title, the issuer of the tangible document may issue an electronic document of title as a substitute for the tangible document if:

(a) the person entitled under the tangible document surrenders possession of the document to the issuer; and

(b) the electronic document when issued contains a statement that it is issued in substitution for the tangible document.

(4) Upon issuance of the electronic document of title in substitution for a tangible document of title in accordance with subsection (3):

(a) the tangible document ceases to have any effect or validity; and

(b) the person that procured issuance of the electronic document warrants to all subsequent persons entitled under the electronic document that the warrantor was a person entitled under the tangible document when the warrantor surrendered possession of the tangible document to the issuer.
Mont. Code Ann. § 30-24-103 — MT Code / Title 30 / Chapter 24 / Part 1 / Section 30-24-103
30-24-103 Prohibitions on use and testing of central bank digital currency
Status: in_force

30-24-103 . Prohibitions on use and testing of central bank digital currency. (1) A governing authority may not accept or require a payment using central bank digital currency.

(2) A governing authority may not participate in a test of central bank digital currency by the board of governors of the federal reserve system or a branch or agency of the federal government.
Mont. Code Ann. § 30-15-101 — MT Code / Title 30 / Chapter 15 / Part 1 / Section 30-15-101
30-15-101 Authority to establish, operate, and maintain a foreign-trade zone
Status: in_force

30-15-101 . Authority to establish, operate, and maintain a foreign-trade zone. (1) The state of Montana, a local government unit, or a private or public corporation organized in Montana for the purpose of operating a foreign-trade zone in Montana may apply for the right to and, if the right is granted, establish, operate, and maintain a foreign-trade zone under 19 U.S.C. 81a through 81u.

(2) The governing body of a local government unit may contract with a private or public corporation to operate and maintain a foreign-trade zone that the local government unit has been granted the right to establish, operate, and maintain.

(3) Any activity authorized by the United States to be conducted within a foreign-trade zone may be conducted within a foreign-trade zone operated by a local government unit or Montana corporation under this section.
Mont. Code Ann. § 30-10-903 — MT Code / Title 30 / Chapter 10 / Part 9 / Section 30-10-903
30-10-903 Definitions
Status: in_force

30-10-903 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) (a) "Living trust" means either an irrevocable or a revocable inter vivos trust.

(b) The term does not include an account with a POD designation, as defined in 72-6-201 .

(2) "Offer" or "offer to sell" includes an attempt or offer to dispose of a living trust for value or a solicitation of an offer to buy a living trust for value.

(3) "Person" means an individual, corporation, partnership, association, joint-stock company, or unincorporated organization.

(4) "Sale" includes each contract of sale, contract to sell, or disposition of a living trust for value.
Mont. Code Ann. § 30-8-216 — MT Code / Title 30 / Chapter 8 / Part 2 / Section 30-8-216
30-8-216 Completion of alteration of security certificate
Status: in_force

30-8-216 . Completion of alteration of security certificate. (1) If a security certificate contains the signatures necessary to its issue or transfer but is incomplete in any other respect:

(a) any person may complete it by filling in the blanks as authorized; and

(b) even if the blanks are incorrectly filled in, the security certificate as completed is enforceable by a purchaser who took it for value and without notice of the incorrectness.

(2) A complete security certificate that has been improperly altered, even if fraudulently, remains enforceable, but only according to its original terms.
Mont. Code Ann. § 30-14-409 — MT Code / Title 30 / Chapter 14 / Part 4 / Section 30-14-409
30-14-409 Uniformity of application and construction
Status: in_force

30-14-409 . Uniformity of application and construction. This part shall be applied and construed to effectuate its general purpose to make the law uniform with respect to the subject of this act among states enacting it.
Mont. Code Ann. § 30-11-601 — MT Code / Title 30 / Chapter 11 / Part 6 / Section 30-11-601
30-11-601 Factor defined
Status: in_force

30-11-601 . Factor defined. A factor is an agent who, in the pursuit of an independent calling, is employed by another person to sell property for that person and is vested by the person with the possession or control of the property or authorized to receive payment for the property from the purchaser.
Mont. Code Ann. § 30-20-206 — MT Code / Title 30 / Chapter 20 / Part 2 / Section 30-20-206
30-20-206 Economic development
Status: in_force

30-20-206 . Economic development. The establishment of a primary business is a qualified economic development purpose pursuant to 90-1-117 through 90-1-119 and Title 90, chapter 1, part 2.