Mont. Code Ann. § 30-12-409 — MT Code / Title 30 / Chapter 12 / Part 4 / Section 30-12-409
30-12-409 Sale of gasoline and distillates on other than gross volume basis unlawful -- exception
Status: in_force

30-12-409 . Sale of gasoline and distillates on other than gross volume basis unlawful -- exception. (1) Except as provided in subsection (2) or in Title 82, chapter 15, part 1, the sale, barter, or exchange of gasoline and distillates on a temperature corrected basis or on any basis other than the gross volume of gasoline or distillate actually delivered is void. Any contract in violation of this section shall be unenforceable to the extent of the violation.

(2) Suppliers of gasoline and distillates shall offer Montana petroleum wholesale distributors the option to buy gasoline and distillates either by gross volume actually delivered or on the assumption that the temperature of the product is 60 degrees Fahrenheit or the centigrade equivalent. This purchaser option may be exercised only on an annual basis and may be applied only to single deliveries of 7,500 gallons or more or the metric equivalent. Any adjustments to volume during the temperature compensation process must be made in accordance with standards set under 82-15-103 , 82-15-108 , and 82-15-109 . Purchasers who choose to exercise the option available under this subsection must be provided with invoice listings of both net and gross gallons.

(3) This section does not apply to the exchange or transfer of gasoline and distillates between refiners or transporters of petroleum or petroleum products.
Mont. Code Ann. § 30-1-208 — MT Code / Title 30 / Chapter 1 / Part 2 / Section 30-1-208
30-1-208 Option to accelerate at will
Status: in_force

30-1-208 . Option to accelerate at will. A term providing that one party or that party's successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or when the party "deems itself insecure" or in words of similar import, means that the party has power to do so only if that party in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against which the power has been exercised.
Mont. Code Ann. § 30-11-204 — MT Code / Title 30 / Chapter 11 / Part 2 / Section 30-11-204
30-11-204 Delivery -- where made
Status: in_force

30-11-204 . Delivery -- where made. Personal property sold is deliverable at the place where it is at the time of the sale or agreement to sell, or if it is not then in existence, it is deliverable at the place where it is produced.
Mont. Code Ann. § 30-2A-205 — MT Code / Title 30 / Chapter 2A / Part 2 / Section 30-2A-205
30-2A-205 Firm offers
Status: in_force

30-2A-205 . Firm offers. An offer by a merchant to lease goods to or from another person in a signed record that by its terms gives assurance it will be held open is not revocable, for lack of consideration, during the time stated or, if no time is stated, for a reasonable time, but in no event may the period of irrevocability exceed 3 months. Any such term of assurance on a form supplied by the offeree must be separately signed by the offeror.
Mont. Code Ann. § 30-14-166 — MT Code / Title 30 / Chapter 14 / Part 1 / Section 30-14-166
30-14-166 Solar buyer's right to cancel -- prohibition of deceptive statements
Status: in_force

30-14-166 . Solar buyer's right to cancel -- prohibition of deceptive statements. (1) A solar sales agent shall provide a customer with an explanation of the customer's recission rights written in all capital letters that includes space for the customer to initial a written acknowledgment of having read and understood the explanation that reads as follows:

"YOU HAVE THE RIGHT TO CANCEL THIS CONTRACT WITHIN 3 BUSINESS DAYS AFTER YOU SIGN THIS CONTRACT. TO CANCEL, YOU MUST NOTIFY IN WRITING THE PERSON IDENTIFIED FOR THIS PURPOSE IN THIS CONTRACT BY E-MAIL OR BY CERTIFIED POSTAL MAIL".

(2) (a) If a solar buyer rescinds an installation contract with a solar company or a solar sales agent representing a solar company within 3 business days following the date on which the solar buyer signed an agreement to purchase and provides their cancellation notice in writing to the solar company or the solar sales agent representing a solar company, the contract is terminated.

(b) A solar company or a solar sales agent representing a solar company may not enforce any terms of the rescinded contract and may not file any claims for labor and materials.

(3) A solar company or a solar sales agent representing a solar company may not conduct solicitations using any deceptive statement concerning the costs, financing, and terms and conditions of the purchase or installation of a solar energy system.
Mont. Code Ann. § 30-2A-503 — MT Code / Title 30 / Chapter 2A / Part 5 / Section 30-2A-503
30-2A-503 Modification or impairment of rights and remedies
Status: in_force

30-2A-503 . Modification or impairment of rights and remedies. (1) Except as otherwise provided in this chapter, the lease agreement may include rights and remedies for default in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter.

(2) Resort to a remedy provided under this chapter or in the lease agreement is optional unless the remedy is expressly agreed to be exclusive. If circumstances cause an exclusive or limited remedy to fail of its essential purpose or provision for an exclusive remedy is unconscionable, remedy may be had as provided in this chapter.

(3) Consequential damages may be liquidated under 30-2A-504 or may otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion is unconscionable. Limitation, alteration, or exclusion of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable, but limitation, alteration, or exclusion of damages where the loss is commercial is not prima facie unconscionable.

(4) Rights and remedies on default by the lessor or the lessee with respect to any obligation or promise collateral or ancillary to the lease contract are not impaired by this chapter.
Mont. Code Ann. § 30-4A-305 — MT Code / Title 30 / Chapter 4A / Part 3 / Section 30-4A-305
30-4A-305 Liability for late or improper execution or failure to execute payment order
Status: in_force

30-4A-305 . Liability for late or improper execution or failure to execute payment order. (1) If a funds transfer is completed but execution of a payment order by the receiving bank in breach of 30-4A-302 results in delay in payment to the beneficiary, the bank is obliged to pay interest to either the originator or the beneficiary of the funds transfer for the period of delay caused by the improper execution. Except as provided in subsection (3), additional damages are not recoverable.

(2) If execution of a payment order by a receiving bank in breach of 30-4A-302 results in noncompletion of the funds transfer, failure to use an intermediary bank designated by the originator, or issuance of a payment order that does not comply with the terms of the payment order of the originator, the bank is liable to the originator for its expenses in the funds transfer and for incidental expenses and interest losses, to the extent not covered by subsection (1), resulting from the improper execution. Except as provided in subsection (3), additional damages are not recoverable.

(3) In addition to the amounts payable under subsections (1) and (2), damages, including consequential damages, are recoverable to the extent provided in an express agreement of the receiving bank, evidenced by a record.

(4) If a receiving bank fails to execute a payment order it was obliged by express agreement to execute, the receiving bank is liable to the sender for its expenses in the transaction and for incidental expenses and interest losses resulting from the failure to execute. Additional damages, including consequential damages, are recoverable to the extent provided in an express agreement of the receiving bank, evidenced by a record, but are not otherwise recoverable.

(5) Reasonable attorney fees are recoverable if demand for compensation under subsection (1) or (2) is made and refused before an action is brought on the claim. If a claim is made for breach of an agreement under subsection (4) and the agreement does not provide for damages, reasonable attorney fees are recoverable if demand for compensation under subsection (4) is made and refused before an action is brought on the claim.

(6) Except as stated in this section, the liability of a receiving bank under subsections (1) and (2) may not be varied by agreement.
Mont. Code Ann. § 30-11-507 — MT Code / Title 30 / Chapter 11 / Part 5 / Section 30-11-507
30-11-507 Auctioneer's authority from the bidder
Status: in_force

30-11-507 . Auctioneer's authority from the bidder. An auctioneer has authority from a bidder at the auction, as well as from the seller, to bind both by a memorandum of sale as prescribed in 30-11-504 .
Mont. Code Ann. § 30-2-616 — MT Code / Title 30 / Chapter 2 / Part 6 / Section 30-2-616
30-2-616 Procedure on notice claiming excuse
Status: in_force

30-2-616 . Procedure on notice claiming excuse. (1) Where the buyer receives notification of a material or indefinite delay or an allocation justified under the preceding section it may by written notification to the seller as to any delivery concerned, and where the prospective deficiency substantially impairs the value of the whole contract under the provisions of this chapter relating to breach of installment contracts ( 30-2-612 ), then also as to the whole:

(a) terminate and thereby discharge any unexecuted portion of the contract; or

(b) modify the contract by agreeing to take its available quota in substitution.

(2) If after receipt of such notification from the seller the buyer fails so to modify the contract within a reasonable time not exceeding 30 days the contract lapses with respect to any deliveries affected.

(3) The provisions of this section may not be negated by agreement except insofar as the seller has assumed a greater obligation under the preceding section.
Mont. Code Ann. § 30-3-310 — MT Code / Title 30 / Chapter 3 / Part 3 / Section 30-3-310
30-3-310 Effect of instrument on obligation for which taken
Status: in_force

30-3-310 . Effect of instrument on obligation for which taken. (1) Unless otherwise agreed, if a certified check, cashier's check, or teller's check is taken for an obligation, the obligation is discharged to the same extent discharge would result if an amount of money equal to the amount of the instrument were taken in payment of the obligation. Discharge of the obligation does not affect any liability that the obligor may have as an indorser of the instrument.

(2) Unless otherwise agreed and except as provided in subsection (1), if a note or an uncertified check is taken for an obligation, the obligation is suspended to the same extent the obligation would be discharged if an amount of money equal to the amount of the instrument were taken.

(3) In the case of an uncertified check, suspension of the obligation continues until dishonor of the check or until it is paid or certified. Payment or certification of the check results in discharge of the obligation to the extent of the amount of the check.

(4) In the case of a note, suspension of the obligation continues until dishonor of the note or until it is paid. Payment of the note results in discharge of the obligation to the extent of the payment.

(5) If the check or note is dishonored and the obligee of the obligation for which the instrument was taken has possession of the instrument, the obligee may enforce either the instrument or the obligation. In the case of an instrument of a third person that is negotiated to the obligee by the obligor, discharge of the obligor on the instrument also discharges the obligation.

(6) If the person entitled to enforce the instrument taken for an obligation is a person other than the obligee, the obligee may not enforce the obligation to the extent the obligation is suspended. If the obligee is the person entitled to enforce the instrument but no longer has possession of it because it was lost, stolen, or destroyed, the obligation may not be enforced to the extent of the amount payable on the instrument, and to that extent, the obligee's rights against the obligor are limited to enforcement of the instrument.

(7) If an instrument other than one described in subsection (1) or (2) is taken for an obligation, the effect is:

(a) that stated in subsection (1) if the instrument is one on which a bank is liable as maker or acceptor; or

(b) that stated in subsection (2) in any other case.
Mont. Code Ann. § 30-18-106 — MT Code / Title 30 / Chapter 18 / Part 1 / Section 30-18-106
30-18-106 Legal recognition of electronic records, electronic signatures, and electronic contracts
Status: in_force

30-18-106 . Legal recognition of electronic records, electronic signatures, and electronic contracts. (1) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.

(2) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.

(3) If a law requires a record to be in writing, an electronic record satisfies the law.

(4) If a law requires a signature, an electronic signature satisfies the law.
Mont. Code Ann. § 30-4A-212 — MT Code / Title 30 / Chapter 4A / Part 2 / Section 30-4A-212
30-4A-212 Liability and duty of receiving bank regarding unaccepted payment order
Status: in_force

30-4A-212 . Liability and duty of receiving bank regarding unaccepted payment order. If a receiving bank fails to accept a payment order that it is obliged by express agreement to accept, the bank is liable for breach of the agreement to the extent provided in the agreement or in this chapter but does not otherwise have any duty to accept a payment order or, before acceptance, to take any action or refrain from taking action with respect to the order except as provided in this chapter or by express agreement. Liability based on acceptance arises only when acceptance occurs as stated in 30-4A-209 , and liability is limited to that provided in this chapter. A receiving bank is not the agent of the sender or beneficiary of the payment order it accepts or of any other party to the funds transfer, and the bank owes no duty to any party to the funds transfer except as provided in this chapter or by express agreement.
Mont. Code Ann. § 30-4-110 — MT Code / Title 30 / Chapter 4 / Part 1 / Section 30-4-110
30-4-110 Payable through or payable at bank -- collecting bank
Status: in_force

30-4-110 . Payable through or payable at bank -- collecting bank. (1) If an item states that it is "payable through" a bank identified in the item:

(a) the item designates the bank as a collecting bank and does not by itself authorize the bank to pay the item; and

(b) the item may be presented for payment only by or through the bank.

(2) If an item states that it is "payable at" a bank identified in the item, the item is drawn on the bank.
Mont. Code Ann. § 30-8-220 — MT Code / Title 30 / Chapter 8 / Part 2 / Section 30-8-220
30-8-220 Overissue
Status: in_force

30-8-220 . Overissue. (1) In this section, "overissue" means the issue of securities in excess of the amount the issuer has corporate power to issue, but an overissue does not occur if appropriate action has cured the overissue.

(2) Except as otherwise provided in subsections (3) and (4), the provisions of this chapter which validate a security or compel its issue or reissue do not apply to the extent that validation, issue, or reissue would result in overissue.

(3) If an identical security not constituting an overissue is reasonably available for purchase, a person entitled to issue or validation may compel the issuer to purchase the security and deliver it if certificated or register its transfer if uncertificated, against surrender of any security certificate the person holds.

(4) If a security is not reasonably available for purchase, a person entitled to issue or validation may recover from the issuer the price the person or the last purchaser for value paid for it with interest from the date of the person's demand.
Mont. Code Ann. § 30-10-1003 — MT Code / Title 30 / Chapter 10 / Part 10 / Section 30-10-1003
30-10-1003 Definitions
Status: in_force

30-10-1003 . (Temporary) Definitions. As used in this part, the following definitions apply:

(1) "Claimant" means a person who files an application for restitution assistance under this part on behalf of a victim. The claimant and the victim may be the same but do not have to be the same. The term includes the named party in a restitution award in a final order, the executor of a named party in a restitution award in a final order, and the heirs and assigns of a named party in a restitution award in a final order.

(2) "Department" means the office of the securities commissioner established in 2-15-1901 .

(3) "Final order" means a final order issued by the commissioner or a final order in a legal action initiated by the commissioner.

(4) "Fund" means the securities restitution assistance fund created by 30-10-1004 .

(5) "Securities violation" means a violation of this chapter and any related administrative rules.

(6) "Victim" means a person who was awarded restitution in a final order.

(7) "Vulnerable person" means:

(a) a person who is at least 60 years of age;

(b) a person who suffers from mental impairment because of frailties or dependencies typically related to advanced age, such as dementia or memory loss;

(c) a person who has a developmental disability as defined in 53-20-102 ; or

(d) a person with a mental disorder. For the purposes of this subsection (7)(d), "mental disorder" means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions. The term does not include:

(i) addiction to drugs or alcohol;

(ii) drug or alcohol intoxication;

(iii) intellectual disability; or

(iv) epilepsy. (Terminates June 30, 2027--secs. 3, 4, Ch. 404, L. 2021.)
Mont. Code Ann. § 30-11-114 — MT Code / Title 30 / Chapter 11 / Part 1 / Section 30-11-114
30-11-114 Warranty of money
Status: in_force

30-11-114 . Warranty of money. On an exchange of money, each party warrants the genuineness of the money given by the party.
Mont. Code Ann. § 30-7-602 — MT Code / Title 30 / Chapter 7 / Part 6 / Section 30-7-602
30-7-602 Attachment of goods covered by negotiable document of title
Status: in_force

30-7-602 . Attachment of goods covered by negotiable document of title. Unless a document of title was originally issued upon delivery of the goods by a person that did not have power to dispose of them, a lien does not attach by virtue of any judicial process to goods in the possession of a bailee for which a negotiable document of title is outstanding unless possession or control of the document is first surrendered to the bailee or the document's negotiation is enjoined. The bailee may not be compelled to deliver the goods pursuant to process until possession or control of the document is surrendered to the bailee or to the court. A purchaser of the document for value without notice of the process or injunction takes free of the lien imposed by judicial process.
Mont. Code Ann. § 30-9A-806 — MT Code / Title 30 / Chapter 9A / Part 8 / Section 30-9A-806
30-9A-806 When initial financing statement suffices to continue effectiveness of financing statement
Status: in_force

30-9A-806 . When initial financing statement suffices to continue effectiveness of financing statement. (1) The filing of an initial financing statement in the office specified in 30-9A-501 continues the effectiveness of a financing statement filed before July 1, 2013, if:

(a) the filing of an initial financing statement in that office would be effective to perfect a security interest under this chapter.

(b) the pre-effective-date financing statement was filed in an office in another state; and

(c) the initial financing statement satisfies subsection (3).

(2) The filing of an initial financing statement under subsection (1) continues the effectiveness of the pre-effective-date financing statement:

(a) if the initial financing statement is filed before July 1, 2013, for the period provided in former 30-9A-515 with respect to an initial financing statement; and

(b) if the initial financing statement is filed after July 1, 2013, for the period provided in 30-9A-515 with respect to an initial financing statement.

(3) To be effective for purposes of subsection (1), an initial financing statement must:

(a) satisfy the requirements of Title 30, chapter 9A, part 5, for an initial financing statement;

(b) identify the pre-effective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and

(c) indicate that the pre-effective-date financing statement remains effective.
Mont. Code Ann. § 30-12-102 — MT Code / Title 30 / Chapter 12 / Part 1 / Section 30-12-102
30-12-102 Systems of weights and measures
Status: in_force

30-12-102 . Systems of weights and measures. The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one or both of these systems may be used for all commercial purposes in the state of Montana. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents as published by the national institute of standards and technology are recognized and shall govern weighing and measuring equipment and transactions in the state.
Mont. Code Ann. § 30-2A-308 — MT Code / Title 30 / Chapter 2A / Part 3 / Section 30-2A-308
30-2A-308 Special rights of creditors
Status: in_force

30-2A-308 . Special rights of creditors. (1) A creditor of a lessor in possession of goods subject to a lease contract may treat the lease contract as void if as against the creditor retention of possession by the lessor is fraudulent under any statute or rule of law, but retention of possession in good faith and current course of trade by the lessor for a commercially reasonable time after the lease contract becomes enforceable is not fraudulent.

(2) Nothing in this chapter impairs the rights of creditors of a lessor if the lease contract:

(a) becomes enforceable, not in current course of trade but in satisfaction of or as security for a preexisting claim for money, security, or the like; and

(b) is made under circumstances that under any statute or rule of law apart from this chapter would constitute the transaction as a fraudulent transfer or voidable preference.

(3) A creditor of a seller may treat a sale or an identification of goods to a contract for sale as void if as against the creditor retention of possession by the seller is fraudulent under any statute or rule of law, but retention of possession of the goods pursuant to a lease contract entered into by the seller as lessee and the buyer as lessor in connection with the sale or identification of the goods is not fraudulent if the buyer bought for value and in good faith.
Mont. Code Ann. § 30-2-722 — MT Code / Title 30 / Chapter 2 / Part 7 / Section 30-2-722
30-2-722 Who can sue third parties for injury to goods
Status: in_force

30-2-722 . Who can sue third parties for injury to goods. Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract:

(a) a right of action against the third party is in either party to the contract for sale who has title to or a security interest or a special property or an insurable interest in the goods; and if the goods have been destroyed or converted a right of action is also in the party who either bore the risk of loss under the contract for sale or has since the injury assumed that risk as against the other;

(b) if at the time of the injury the party plaintiff did not bear the risk of loss as against the other party to the contract for sale and there is no arrangement between them for disposition of the recovery, the party plaintiff's suit or settlement is, subject to its own interest, as a fiduciary for the other party to the contract;

(c) either party may with the consent of the other sue for the benefit of whom it may concern.
Mont. Code Ann. § 30-7-401 — MT Code / Title 30 / Chapter 7 / Part 4 / Section 30-7-401
30-7-401 Irregularities in issue of receipt or bill or conduct of issuer
Status: in_force

30-7-401 . Irregularities in issue of receipt or bill or conduct of issuer. The obligations imposed by this chapter on an issuer apply to a document of title even if:

(1) the document does not comply with the requirements of this chapter or of any other statute, rule, or regulation regarding its issue, form or content;

(2) the issuer violated laws regulating the conduct of its business;

(3) the goods covered by the document were owned by the bailee when the document was issued; or

(4) the person issuing the document is not a warehouse but the document purports to be a warehouse receipt.
Mont. Code Ann. § 30-14-115 — MT Code / Title 30 / Chapter 14 / Part 1 / Section 30-14-115
30-14-115 Service of process -- how made
Status: in_force

30-14-115 . Service of process -- how made. Service of any notice, demand, or subpoena under this part shall be made personally within this state, but if such cannot be obtained, substitute service may be made in the manner provided in the Montana Rules of Civil Procedure.
Mont. Code Ann. § 30-9A-628 — MT Code / Title 30 / Chapter 9A / Part 6 / Section 30-9A-628
30-9A-628 Nonliability and limitation on liability of secured party -- liability of secondary obligor
Status: in_force

30-9A-628 . Nonliability and limitation on liability of secured party -- liability of secondary obligor. (1) Subject to subsection (6), unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person:

(a) the secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this chapter; and

(b) the secured party's failure to comply with this chapter does not affect the liability of the person for a deficiency.

(2) Subject to subsection (6), a secured party is not liable because of its status as a secured party:

(a) to a person that is a debtor or obligor, unless the secured party knows:

(i) that the person is a debtor or obligor;

(ii) the identity of the person; and

(iii) how to communicate with the person; or

(b) to a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:

(i) that the person is a debtor; and

(ii) the identity of the person.

(3) A secured party is not liable to any person, and a person's liability for a deficiency is not affected, because of any act or omission arising out of the secured party's reasonable belief that a transaction is not a consumer-goods transaction or a consumer transaction or that goods are not consumer goods if the secured party's belief is based on its reasonable reliance on:

(a) a debtor's representation concerning the purpose for which collateral was to be used, acquired, or held; or

(b) an obligor's representation concerning the purpose for which a secured obligation was incurred.

(4) A secured party is not liable to any person under 30-9A-625 (3)(b) for its failure to comply with 30-9A-616 .

(5) A secured party is not liable under 30-9A-625 (3)(b) more than once with respect to any one secured obligation.

(6) Subsections (1) and (2) do not apply to limit the liability of a secured party to a person if, at the time the secured party obtains control of collateral that is a controllable account, controllable electronic record, or controllable payment intangible or at the time the security interest attaches to the collateral, whichever is later:

(a) the person is a debtor or obligor; and

(b) the secured party knows that the information in subsection (2)(a)(i), (2)(a)(ii), or (2)(a)(iii) relating to the person is not provided by the collateral, a record attached to or logically associated with the collateral, or the system in which the collateral is recorded.
Mont. Code Ann. § 30-9A-808 — MT Code / Title 30 / Chapter 9A / Part 8 / Section 30-9A-808
30-9A-808 Person entitled to file initial financing statement or continuation statement
Status: in_force

30-9A-808 . Person entitled to file initial financing statement or continuation statement. A person may file an initial financing statement or a continuation statement under this part if:

(1) the secured party of record authorizes the filing; and

(2) the filing is necessary under this part:

(a) to continue the effectiveness of a financing statement filed before July 1, 2013; or

(b) to perfect or continue the perfection of a security interest.
Mont. Code Ann. § 30-11-515 — MT Code / Title 30 / Chapter 11 / Part 5 / Section 30-11-515
30-11-515 Enforcement
Status: in_force

30-11-515 . Enforcement. The provisions of this part must be enforced by the county attorney of the county in which the violation occurred.
Mont. Code Ann. § 30-2A-108 — MT Code / Title 30 / Chapter 2A / Part 1 / Section 30-2A-108
30-2A-108 Unconscionability
Status: in_force

30-2A-108 . Unconscionability. (1) If the court as a matter of law finds a lease contract or any clause of a lease contract to have been unconscionable at the time it was made, the court may refuse to enforce the lease contract, it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.

(2) With respect to a consumer lease, if the court as a matter of law finds that a lease contract or any clause of a lease contract has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief.

(3) Before making a finding of unconscionability under subsection (1) or (2), the court, on its own motion or that of a party, shall afford the parties a reasonable opportunity to present evidence as to the setting, purpose, and effect of the lease contract or clause thereof or of the conduct.

(4) In an action in which the lessee claims unconscionability with respect to a consumer lease:

(a) if the court finds unconscionability under subsection (1) or (2), the court shall award reasonable attorney fees to the lessee;

(b) if the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action the lessee knew to be groundless, the court shall award reasonable attorney fees to the party against whom the claim is made;

(c) in determining attorney fees, the amount of the recovery on behalf of the claimant under subsections (1) and (2) is not controlling.
Mont. Code Ann. § 30-14-2503 — MT Code / Title 30 / Chapter 14 / Part 25 / Section 30-14-2503
30-14-2503 Injunction -- damages
Status: in_force

30-14-2503 . Injunction -- damages. (1) A motorsports dealer may maintain an action to enjoin the continuance of any act in violation of the provisions of 30-14-2502 and to recover damages. A court, upon finding that the motorsports manufacturer is violating or has violated the provisions of 30-14-2502 , shall enjoin the motorsports manufacturer from continuing the violation. To obtain an injunction it is not necessary for the motorsports dealer to allege or prove actual damages arising from the violation.

(2) In addition to injunctive relief, any motorsports dealer who incurs pecuniary loss due to a violation of 30-14-2502 by a motorsports manufacturer is entitled to recover three times the pecuniary loss together with costs, including attorney fees.

(3) A violation of 30-14-2502 also constitutes a violation of 30-14-103 , and the department may bring an action to restrain any unlawful act pursuant to the provisions of 30-14-111 .
Mont. Code Ann. § 30-7-507 — MT Code / Title 30 / Chapter 7 / Part 5 / Section 30-7-507
30-7-507 Warranties on negotiation or delivery of document of title
Status: in_force

30-7-507 . Warranties on negotiation or delivery of document of title. If a person negotiates or delivers a document of title for value, otherwise than as a mere intermediary under 30-7-508 , unless otherwise agreed, the transferor warrants to its immediate purchaser only in addition to any warranty made in selling or leasing the goods that:

(1) the document is genuine;

(2) the transferor does not have knowledge of any fact that would impair the document's validity or worth; and

(3) the negotiation or delivery is rightful and fully effective with respect to the title to the document and the goods it represents.
Mont. Code Ann. § 30-13-214 — MT Code / Title 30 / Chapter 13 / Part 2 / Section 30-13-214
30-13-214 Cancellation of registration of assumed business name upon dissolution of domestic corporation -- withdrawal or revocation of foreign corporation's authority to transact business
Status: in_force

30-13-214 . Cancellation of registration of assumed business name upon dissolution of domestic corporation -- withdrawal or revocation of foreign corporation's authority to transact business. (1) If the only party of interest of an assumed business name is a domestic corporation which has been dissolved, the secretary of state shall cancel the registration.

(2) If the only party of interest of an assumed business name is a foreign corporation whose authority to transact business in this state has been withdrawn or revoked, the secretary of state shall cancel the registration.
Mont. Code Ann. § 30-2-701 — MT Code / Title 30 / Chapter 2 / Part 7 / Section 30-2-701
30-2-701 Remedies for breach of collateral contracts not impaired
Status: in_force

30-2-701 . Remedies for breach of collateral contracts not impaired. Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions of this chapter.
Mont. Code Ann. § 30-12A-205 — MT Code / Title 30 / Chapter 12A / Part 2 / Section 30-12A-205
30-12A-205 Security interest perfected before effective date
Status: in_force

30-12A-205 . Security interest perfected before effective date. (1) A security interest that is enforceable and perfected immediately before October 1, 2025, is a perfected security interest under Chapter 200, Laws of 2025, if, on October 1, 2025, the requirements for enforceability and perfection under Chapter 200, Laws of 2025, are satisfied without further action.

(2) If a security interest is enforceable and perfected immediately before October 1, 2025, but the requirements for enforceability or perfection under Chapter 200, Laws of 2025, are not satisfied on October 1, 2025, the security interest:

(a) is a perfected security interest until the earlier of the time perfection would have ceased under the law in effect immediately before October 1, 2025, or the adjustment date;

(b) remains enforceable thereafter only if the security interest satisfies the requirements for enforceability under 30-9A-203 , as amended by Chapter 200, Laws of 2025, before the adjustment date; and

(c) remains perfected thereafter only if the requirements for perfection under Chapter 200, Laws of 2025, are satisfied before the time specified in subsection (2)(a).
Mont. Code Ann. § 30-9A-331 — MT Code / Title 30 / Chapter 9A / Part 3 / Section 30-9A-331
30-9A-331 Priority of rights of purchasers of controllable accounts, controllable electronic records, controllable payment intangibles, documents, instruments, and securities under other chapters -- priority of interests in financial assets and security entitlements and protection against assertion of claims under chapter 8 and chapter 12A, part 1
Status: in_force

30-9A-331 . Priority of rights of purchasers of controllable accounts, controllable electronic records, controllable payment intangibles, documents, instruments, and securities under other chapters -- priority of interests in financial assets and security entitlements and protection against assertion of claims under chapter 8 and chapter 12A, part 1. (1) This chapter does not limit the rights of a holder in due course of a negotiable instrument, a holder to whom a negotiable document of title has been duly negotiated, a protected purchaser of a security, or a qualifying purchaser of a controllable account, controllable electronic record, or controllable payment intangible. These holders or purchasers take priority over an earlier security interest, even if perfected, to the extent provided in chapters 3, 7, and 8 and chapter 12A, part 1.

(2) This chapter does not limit the rights of or impose liability on a person to the extent that the person is protected against the assertion of a claim under chapter 8 or chapter 12A, part 1.

(3) Filing under this chapter does not constitute notice of a claim or defense to the holders, purchasers, or persons mentioned in subsections (1) and (2).
Mont. Code Ann. § 30-1-102 — MT Code / Title 30 / Chapter 1 / Part 1 / Section 30-1-102
30-1-102 Purposes -- rules of construction
Status: in_force

30-1-102 . Purposes -- rules of construction. (1) This code must be liberally construed and applied to promote its underlying purposes and policies, which are:

(a) to simplify, clarify, and modernize the law governing commercial transactions;

(b) to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties;

(c) to make uniform the law among the various jurisdictions.

(2) In this code unless the context otherwise requires:

(a) words in the singular number include the plural, and in the plural include the singular;

(b) words of the masculine gender include the feminine and the neuter, and when the sense so indicates words of the neuter gender may refer to any gender.
Mont. Code Ann. § 30-11-510 — MT Code / Title 30 / Chapter 11 / Part 5 / Section 30-11-510
30-11-510 Bond and sureties -- approval -- filing
Status: in_force

30-11-510 . Bond and sureties -- approval -- filing. (1) Bond must be payable to the state, with one or more sureties, in the sum of $5,000 and approved by the county clerk of the county in which the auctioneer resides and filed in the clerk's office.

(2) If the auctioneer is not a resident, the bond must be filed with the county clerk of the county of this state in which the auctioneer carries on the auctioneer's principal auction business.
Mont. Code Ann. § 30-10-211 — MT Code / Title 30 / Chapter 10 / Part 2 / Section 30-10-211
30-10-211 Federal covered securities
Status: in_force

30-10-211 . Federal covered securities. (1) An issuer is required to file the following documents with respect to a federal covered security provided for in section 18(b)(2) of the Securities Act of 1933:

(a) documents that are part of a current federal registration statement filed with the securities and exchange commission or amendments to a current registration statement filed with the securities and exchange commission;

(b) a consent to the service of process signed by the issuer and payment of the fee required in 30-10-209 ; and

(c) annual or periodic reports of the value of the federal covered securities offered or sold in this state.

(2) The issuer of a federal covered security under 18(b)(4)(D) of the Securities Act of 1933 is required to file within 15 days after the first sale in this state a notice on a form prescribed by the commissioner and a consent to service of process and is required to pay the notice filing fee prescribed in 30-10-209 .

(3) The commissioner may require the filing of any document filed with the securities and exchange commission under the Securities Act of 1933, with respect to a federal covered security under section 18(b)(3) or (4) of the Securities Act of 1933, and may require payment of the notice filing fee prescribed in 30-10-209 .

(4) The commissioner may issue a cease and desist order suspending the offer and sale of a federal covered security if the commissioner finds that the order is in the public interest and there is a failure to comply with any requirement of this section.

(5) The commissioner may waive any of the provisions of this section.
Mont. Code Ann. § 30-7-509 — MT Code / Title 30 / Chapter 7 / Part 5 / Section 30-7-509
30-7-509 Adequate compliance with commercial contract
Status: in_force

30-7-509 . Adequate compliance with commercial contract. Whether a document is adequate to fulfill the obligations of a contract for sale, a contract for lease, or the conditions of a credit is governed by chapter 2, 2A, or 5.
Mont. Code Ann. § 30-2-611 — MT Code / Title 30 / Chapter 2 / Part 6 / Section 30-2-611
30-2-611 Retraction of anticipatory repudiation
Status: in_force

30-2-611 . Retraction of anticipatory repudiation. (1) Until the repudiating party's next performance is due that party can retract the repudiation unless the aggrieved party has since the repudiation canceled or materially changed position or otherwise indicated that the repudiation is final.

(2) Retraction may be by any method which clearly indicates to the aggrieved party that the repudiating party intends to perform, but must include any assurance justifiably demanded under the provisions of this chapter ( 30-2-609 ).

(3) Retraction reinstates the repudiating party's rights under the contract with due excuse and allowance to the aggrieved party for any delay occasioned by the repudiation.
Mont. Code Ann. § 30-10-1105 — MT Code / Title 30 / Chapter 10 / Part 11 / Section 30-10-1105
30-10-1105 Anonymous whistleblower complaints
Status: in_force

30-10-1105 . Anonymous whistleblower complaints. (1) An individual may make an anonymous whistleblower complaint.

(2) Any individual who anonymously makes a claim for a whistleblower award must be represented by counsel at the time of an award in 30-10-1104 in order to verify qualification for the award. Prior to the payment of an award, a whistleblower shall disclose their identity and provide such other information as the commissioner may require, directly or through counsel for the whistleblower. The identity of the whistleblower must remain protected from public disclosure as stated in 30-10-1111 (7) and subsection (1) of this section.
Mont. Code Ann. § 30-9A-321 — MT Code / Title 30 / Chapter 9A / Part 3 / Section 30-9A-321
30-9A-321 Licensee of general intangible and lessee of goods in ordinary course of business
Status: in_force

30-9A-321 . Licensee of general intangible and lessee of goods in ordinary course of business. (1) In this section, "licensee in ordinary course of business" means a person that becomes a licensee of a general intangible in good faith, without knowledge that the license violates the rights of another person in the general intangible, and in the ordinary course from a person in the business of licensing general intangibles of that kind. A person becomes a licensee in ordinary course of business if the license to the person comports with the usual or customary practices in the kind of business in which the licensor is engaged or with the licensor's own usual or customary practices.

(2) A licensee of a general intangible in ordinary course of business takes its rights under the license free of a security interest in the general intangible created by the licensor, even if the security interest is perfected and the licensee knows of its existence.

(3) A lessee in ordinary course of business takes its leasehold interest free of a security interest in the goods created by the lessor, even if the security interest is perfected and the lessee knows of its existence.
Mont. Code Ann. § 30-11-213 — MT Code / Title 30 / Chapter 11 / Part 2 / Section 30-11-213
30-11-213 Warranty when seller knows that buyer relies on seller's statements
Status: in_force

30-11-213 . Warranty when seller knows that buyer relies on seller's statements. A person who sells or agrees to sell personal property knowing that the buyer relies upon the person's advice or judgment warrants to the buyer that neither the seller nor any agent employed by the seller in the transaction knows the existence of any fact concerning the thing sold that would, to the seller's knowledge, destroy the buyer's inducement to buy.
Mont. Code Ann. § 30-13-332 — MT Code / Title 30 / Chapter 13 / Part 3 / Section 30-13-332
30-13-332 Fraudulent registration
Status: in_force

30-13-332 . Fraudulent registration. Any person who, for the person's own sake or on behalf of any other person, procures the filing or registration of any mark in the office of the secretary of state under the provisions of this part by knowingly making any false or fraudulent representation or declaration, verbally or in writing or by any other fraudulent means, is liable to pay all damages sustained in consequence of the filing or registration. Damages may be recovered by or on behalf of the injured party in any court of competent jurisdiction.
Mont. Code Ann. § 30-4A-304 — MT Code / Title 30 / Chapter 4A / Part 3 / Section 30-4A-304
30-4A-304 Duty of sender to report erroneously executed payment order
Status: in_force

30-4A-304 . Duty of sender to report erroneously executed payment order. If the sender of a payment order that is erroneously executed as stated in 30-4A-303 receives notification from the receiving bank that the order was executed or that the sender's account was debited with respect to the order, the sender has a duty to exercise ordinary care to determine, on the basis of information available to the sender, that the order was erroneously executed and to notify the bank of the relevant facts within a reasonable time not exceeding 90 days after the notification from the bank was received by the sender. If the sender fails to perform that duty, the bank is not obliged to pay interest on any amount refundable to the sender under 30-4A-402 (4) for the period before the bank learns of the execution error. The bank is not entitled to any recovery from the sender on account of a failure by the sender to perform the duty stated in this section.
Mont. Code Ann. § 30-7-505 — MT Code / Title 30 / Chapter 7 / Part 5 / Section 30-7-505
30-7-505 Endorser not a guarantor for other parties
Status: in_force

30-7-505 . Endorser not a guarantor for other parties. The endorsement of a document of title issued by a bailee does not make the endorser liable for any default by the bailee or by previous endorsers.
Mont. Code Ann. § 30-23-103 — MT Code / Title 30 / Chapter 23 / Part 1 / Section 30-23-103
30-23-103 Exceptions
Status: in_force

30-23-103 . Exceptions. (1) This part does not apply to:

(a) protected health information that is collected by a covered entity or business associate as those terms are defined in 45 CFR, parts 160 and 164, if separate informed consent related to the collection, use, and dissemination of genetic or neurotechnology data is obtained from the consumer, parent, guardian, or power of attorney, and the covered entity or business associate follows the policies under 30-23-104 (6)(a) through (6)(d);

(b) an entity when it is engaged only in collecting, using, or analyzing genetic data or biological samples in the context of scientific or clinical research conducted with the express consent of an individual and in accordance with:

(i) the federal policy for the protection of human research subjects under 45 CFR, part 46, the good clinical practice guideline issued by the international council for harmonisation of technical requirements for pharmaceuticals for human use; or

(ii) the United States food and drug administration policy for the protection of human subjects under 21 CFR, parts 50 and 56;

(c) uses by a governmental agency; or

(d) deidentified genetic data obtained from a third party to the extent that the data is used to conduct internal, medical, or scientific research. Data must be considered deidentified if:

(i) it cannot be reasonably linked to an identifiable individual; and

(ii) the entity:

(A) takes administrative and technical measures to ensure the data cannot be associated with a particular consumer;

(B) maintains and uses data in deidentified form and does not attempt to reidentify data; and

(C) enters a legally enforceable contractual obligation that prohibits a recipient of the data from attempting to reidentify the data.

(2) Any collection, storage, use, or dissemination of genetic or neurotechnology data by a governmental agency must be performed in accordance with a specific state law or executed through a search warrant or investigative subpoena issued pursuant to 46-4-301 .
Mont. Code Ann. § 30-14-302 — MT Code / Title 30 / Chapter 14 / Part 3 / Section 30-14-302
30-14-302 Purpose
Status: in_force

30-14-302 . Purpose. The purposes of this part are to establish fair and open procedures for the licensing of motion pictures within the state; to prevent unfair and deceptive acts or practices and unreasonable restraints of trade in the business of motion picture distribution within the state; to promote fair and effective competition in that business; and to benefit the moviegoing public by holding down admission prices to motion picture theaters, expanding the choice of motion pictures available to the public, and preventing exposure of the public to objectionable or unsuitable motion pictures by ensuring that exhibitors have the opportunity to view a picture before committing themselves to exhibit it.
Mont. Code Ann. § 30-2A-528 — MT Code / Title 30 / Chapter 2A / Part 5 / Section 30-2A-528
30-2A-528 Lessor's damages for nonacceptance, failure to pay, repudiation, or other default
Status: in_force

30-2A-528 . Lessor's damages for nonacceptance, failure to pay, repudiation, or other default. (1) Except as otherwise provided with respect to damages liquidated in the lease agreement ( 30-2A-504 ) or otherwise determined pursuant to agreement of the parties ( 30-2A-503 ), if a lessor elects to retain the goods or a lessor elects to dispose of the goods and the disposition is by lease agreement that for any reason does not qualify for treatment under 30-2A-527 (2) or is by sale or otherwise, the lessor may recover from the lessee as damages for a default of the type described in 30-2A-523 (1) or (3)(a) or, if agreed, for other default of the lessee:

(a) accrued and unpaid rent as of the date of default if the lessee has never taken possession of the goods or, if the lessee has taken possession of the goods, as of the date the lessor repossesses the goods or an earlier date on which the lessee makes a tender of the goods to the lessor;

(b) the present value as of the date determined under subsection (1)(a) of the total rent for the then remaining lease term of the original lease agreement minus the present value as of the same date of the market rent at the place where the goods are located, computed for the same lease term; and

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

(2) If the measure of damages provided in subsection (1) is inadequate to put a lessor in as good a position as performance would have, the measure of damages is the present value of the profit, including reasonable overhead, that the lessor would have made from full performance by the lessee, together with any incidental damages allowed under 30-2A-530 , allowance due for costs reasonably incurred, and credit due for payments or proceeds of disposition.
Mont. Code Ann. § 30-13-312 — MT Code / Title 30 / Chapter 13 / Part 3 / Section 30-13-312
30-13-312 Certificate of registration
Status: in_force

30-13-312 . Certificate of registration. (1) Upon compliance by the applicant with the requirements of this part, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration must be issued under the signature of the secretary of state and the seal of the state. The certificate must show:

(a) the name and business address of the person claiming ownership of the mark and, if a corporation, the state of incorporation or, if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary of state;

(b) the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state;

(c) the class of goods or services and a description of the goods or services on or in connection with which the mark is used;

(d) a reproduction of the mark; and

(e) the registration date and the term of the registration.

(2) Any certificate of registration issued by the secretary of state under the provisions of this section or a copy of the certificate duly certified by the secretary of state is admissible in evidence as competent and sufficient proof of the registration of the mark in any judicial proceeding in any court of this state.
Mont. Code Ann. § 30-2-719 — MT Code / Title 30 / Chapter 2 / Part 7 / Section 30-2-719
30-2-719 Contractual modification or limitation of remedy
Status: in_force

30-2-719 . Contractual modification or limitation of remedy. (1) Subject to the provisions of subsections (2) and (3) of this section and of the preceding section on liquidation and limitation of damages,

(a) the agreement may provide for remedies in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter, as by limiting the buyer's remedies to return of the goods and repayment of the price or to repair and replacement of nonconforming goods or parts; and

(b) resort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy.

(2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this code.

(3) Consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation of damages where the loss is commercial is not.
Mont. Code Ann. § 30-14-1207 — MT Code / Title 30 / Chapter 14 / Part 12 / Section 30-14-1207
30-14-1207 Consumer's rights
Status: in_force

30-14-1207 . Consumer's rights. (1) This part may not be considered to limit the rights or remedies available to a consumer under any other law or contract.

(2) A waiver of rights under this part by a consumer is void.

(3) A consumer's rights and remedies under this part are in addition to the rights and remedies provided in chapter 2A.

(4) If the manufacturer fails to comply with 30-14-1204 (1)(a) or (1)(b), a consumer may bring an action to recover for damages caused by a violation of this part. The court may award a consumer who prevails in an action triple the amount of any pecuniary loss. A court may also award costs, disbursements, reasonable attorney fees, and any equitable relief that the court determines is appropriate.
Mont. Code Ann. § 30-14-1410 — MT Code / Title 30 / Chapter 14 / Part 14 / Section 30-14-1410
30-14-1410 Disclosure and contract requirements
Status: in_force

30-14-1410 . Disclosure and contract requirements. (1) When contacting a consumer, a seller or telemarketer shall promptly disclose in a clear and conspicuous manner the following:

(a) the identity of the seller or telemarketer;

(b) that the purpose of the call is to sell goods or services;

(c) the nature of the goods or services; and

(d) that a purchase or payment is not necessary to be able to win a prize or participate in a prize promotion.

(2) Prior to requesting any payment from the consumer a seller or telemarketer shall disclose in a clear and conspicuous manner the following information:

(a) the total cost of the goods or services;

(b) all material restrictions, limitations, and conditions pertaining to the purchase of the goods or services;

(c) in any prize promotion:

(i) the odds of being able to receive the prize or, if the odds are not calculable in advance, the factors used in calculating the odds; and

(ii) the "no-purchase no-payment" method of participating in the prize promotion with either instructions on how to participate or an address or a local or toll-free telephone number that consumers may write or call for information on how to participate.

(3) A seller or telemarketer may not misrepresent, directly or by implication, any of the following information:

(a) any material aspect of performance, effectiveness, nature, or basic characteristics of goods or services;

(b) any material aspect of the nature or terms of the seller's or telemarketer's refund, cancellation, exchange, or repurchase policies; or

(c) any material aspect of a prize promotion, including but not limited to the nature or value of the prize or that a purchase or payment is required to win a prize or to participate in a prize promotion.

(4) (a) Except as provided in subsection (6), in addition to any other right to revoke an offer, in the case of a sale made by telephone, the buyer may cancel the sale at any time prior to signing an agreement or offer to purchase the goods or services.

(b) Cancellation occurs:

(i) when written notice of cancellation is given to the seller or telemarketer; or

(ii) when written notice of cancellation, properly addressed and with postage prepaid, is deposited in the mail.

(c) A notice of cancellation does not have to be in the form prescribed by the seller or telemarketer if it indicates the intention of the buyer to cancel the sale of goods or services.

(d) In the case of goods, a telemarketing sale may not be canceled if the goods cannot be returned to the seller or telemarketer in substantially the same condition as when received by the buyer.

(5) (a) Except as provided in subsection (6), a telemarketing sale may not be considered final until the purchaser receives the notice required by subsection (5)(b).

(b) A seller or telemarketer shall furnish the purchaser, in the same language as that principally used in the sales presentation, a written notice, in not less than 10-point boldface type, containing a statement in substantially the following form:

"You, the purchaser, may cancel this transaction without any penalty or obligation at any time prior to midnight of the third business day after receipt of this notice. If you cancel, any payments made by you under the sale will be returned within 10 business days of the day your written notice of cancellation is received by the seller and any security interest connected to this transaction will be canceled.

If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this sales contract; or you may, if you wish, comply with the seller's instructions regarding returning the goods at the seller's expense and risk.

If you do make the goods available to the seller and the seller does not pick up the goods within 20 days of the date of your notice of cancellation or if the seller does not agree to assume the expense and risk of the return of the goods to the seller, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller or if you agree to return the goods to the seller and fail to return the goods, then you remain liable for the performance of all your obligations under the sales contract.

To cancel this transaction, mail, deliver, or telegram a written notice of cancellation to (name of seller) at the following address (address of the seller)."

(c) In addition to the notice required in subsection (5)(b), the seller or telemarketer shall furnish the purchaser with:

(i) the seller's or telemarketer's name and the name of the person to whom a notice of cancellation is to be given if different from the seller's or telemarketer's name;

(ii) the legal name of the company for whom the seller or telemarketer is soliciting;

(iii) the seller's or telemarketer's street address and telephone number; and

(iv) the date and a description of the telephone solicitation.

(6) A sale is not subject to the requirements of subsections (4) and (5) if the seller or telemarketer, at a minimum, has a policy of:

(a) accepting returns or canceling services in connection with the return of unused and undamaged goods or canceled services for a period of not less than 7 days after the date of delivery to the consumer and providing a cash refund for a cash purchase or issuing a credit for a credit purchase applied to the account that was debited;

(b) disclosing the seller's or telemarketer's refund and return policy to the consumer by telephone or in written material included with advertising or promotional material or with the delivery of the goods or services; and

(c) restoring payments or issuing credits pursuant to subsection (6)(a) within 30 days after the date on which the seller or telemarketer receives the returned goods or notice of cancellation of services. A seller or telemarketer who discloses in writing that a sale is subject to "satisfaction guaranteed", "free inspection", "a no-risk guarantee", or similar words or phrases must be considered to have met the review and return for refund policy requirements of this subsection.

(7) It is an unfair and deceptive act or practice to fail to comply with or to misrepresent the requirements of this section.

(8) In addition to subsection (7), it is a violation of this part for any seller or telemarketer to engage in any other unfair or deceptive conduct that would create a likelihood of confusion or misunderstanding to any reasonable consumer.

(9) Failure to comply with the provisions of this section is a violation of 30-14-103 and is subject to the penalty provisions of 30-14-1414 and the Montana Unfair Trade Practices and Consumer Protection Act of 1973.
Mont. Code Ann. § 30-9A-515 — MT Code / Title 30 / Chapter 9A / Part 5 / Section 30-9A-515
30-9A-515 Duration and effectiveness of financing statement -- effect of lapsed financing statement
Status: in_force

30-9A-515 . Duration and effectiveness of financing statement -- effect of lapsed financing statement. (1) Except as otherwise provided in subsections (2), (5), (6), and (7), a filed financing statement is effective for a period of 5 years after the date of filing.

(2) Except as otherwise provided in subsections (5), (6), and (7), an initial financing statement filed in connection with a public-finance transaction or manufactured-home transaction is effective for a period of 30 years after the date of filing if it indicates that it is filed in connection with a public-finance transaction or manufactured-home transaction.

(3) The effectiveness of a filed financing statement lapses on the expiration of the period of its effectiveness unless before the lapse a continuation statement is filed pursuant to subsection (4). Upon lapse, a financing statement ceases to be effective and any security interest or agricultural lien that was perfected by the financing statement becomes unperfected, unless the security interest is perfected without filing. If the security interest or agricultural lien becomes unperfected upon lapse, it is deemed never to have been perfected as against a purchaser of the collateral for value.

(4) A continuation statement may be filed only within 6 months before the expiration of the 5-year period specified in subsection (1) or the 30-year period specified in subsection (2), whichever is applicable.

(5) Except as otherwise provided in 30-9A-510 , upon timely filing of a continuation statement, the effectiveness of the initial financing statement continues for a period of 5 years commencing on the day on which the financing statement would have become ineffective in the absence of the filing. Upon the expiration of the 5-year period, the financing statement lapses in the same manner as provided in subsection (3), unless, before the lapse, another continuation statement is filed pursuant to subsection (4). Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the initial financing statement.

(6) If a debtor is a transmitting utility and a filed initial financing statement so indicates, the financing statement is effective until a termination statement is filed.

(7) A record of mortgage that is effective as a fixture filing under 30-9A-502 (3) remains effective as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real property.
Mont. Code Ann. § 30-8-506 — MT Code / Title 30 / Chapter 8 / Part 5 / Section 30-8-506
30-8-506 Duty of securities intermediary to exercise rights as directed by entitlement holder
Status: in_force

30-8-506 . Duty of securities intermediary to exercise rights as directed by entitlement holder. A securities intermediary shall exercise rights with respect to a financial asset if directed to do so by an entitlement holder. A securities intermediary satisfies the duty if:

(1) the securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary; or

(2) in the absence of agreement, the securities intermediary either places the entitlement holder in a position to exercise the rights directly or exercises due care in accordance with reasonable commercial standards to follow the direction of the entitlement holder.
Mont. Code Ann. § 30-14-121 — MT Code / Title 30 / Chapter 14 / Part 1 / Section 30-14-121
30-14-121 Duties of county attorney
Status: in_force

30-14-121 . Duties of county attorney. It is the duty of the county attorney to lend to the department the assistance that the department may request in the commencement and prosecution of actions pursuant to this part. The county attorney, on request of the department or another county attorney, may initiate all procedures and prosecute actions in the same manner as provided for the department. If an action is prosecuted by the county attorney alone, the county attorney shall notify the department as to the nature of the action and the parties to the action within 30 days of the filing of the action. The county attorney shall report on the action to the department within 30 days of the final disposition of the matter.
Mont. Code Ann. § 30-13-146 — MT Code / Title 30 / Chapter 13 / Part 1 / Section 30-13-146
30-13-146 Exceptions
Status: in_force

30-13-146 . Exceptions. Sections 30-13-141 through 30-13-147 do not apply to:

(1) any broadcaster who, in connection with a radio, television, or cable broadcast transmission or for the purpose of archival preservation, transfers any sounds recorded on a sound recording;

(2) any person who transfers such sounds in the home for personal use, without compensation; or

(3) any person who transfers a single copy of such sounds for bona fide educational purposes, provided that no person directly or indirectly derives any pecuniary gain from such transfer.
Mont. Code Ann. § 30-9A-106 — MT Code / Title 30 / Chapter 9A / Part 1 / Section 30-9A-106
30-9A-106 Control of investment property
Status: in_force

30-9A-106 . Control of investment property. (1) A person has control of a certificated security, or security entitlement as provided in 30-8-116 .

(2) A secured party has control of a commodity contract if:

(a) the secured party is the commodity intermediary with which the commodity contract is carried; or

(b) the commodity customer, secured party, and commodity intermediary have agreed that the commodity intermediary will apply any value distributed on account of the commodity contract as directed by the secured party without further consent by the commodity customer.

(3) A secured party having control of all security entitlements or commodity contracts carried in a securities account or commodity account has control over the securities account or commodity account.
Mont. Code Ann. § 30-4-502 — MT Code / Title 30 / Chapter 4 / Part 5 / Section 30-4-502
30-4-502 Presentment of "on arrival" drafts
Status: in_force

30-4-502 . Presentment of "on arrival" drafts. When a draft or the relevant instructions require presentment "on arrival", "when goods arrive" or the like, the collecting bank need not present until in its judgment a reasonable time for arrival of the goods has expired. Refusal to pay or accept because the goods have not arrived is not dishonor; the bank must notify its transferor of such refusal but need not present the draft again until it is instructed to do so or learns of the arrival of the goods.
Mont. Code Ann. § 30-2A-521 — MT Code / Title 30 / Chapter 2A / Part 5 / Section 30-2A-521
30-2A-521 Lessee's right to specific performance or replevin
Status: in_force

30-2A-521 . Lessee's right to specific performance or replevin. (1) Specific performance may be decreed if the goods are unique or in other proper circumstances.

(2) A decree for specific performance may include any terms and conditions as to payment of the rent, damages, or other relief that the court considers just.

(3) A lessee has a right of replevin, detinue, sequestration, claim and delivery, or the like for goods identified to the lease contract if after reasonable effort the lessee is unable to effect cover for those goods or the circumstances reasonably indicate that the effort will be unavailing.
Mont. Code Ann. § 30-9A-101 — MT Code / Title 30 / Chapter 9A / Part 1 / Section 30-9A-101
30-9A-101 Short title
Status: in_force

30-9A-101 . Short title. This chapter shall be known and may be cited as Uniform Commercial Code--Secured Transactions.
Mont. Code Ann. § 30-14-2814 — MT Code / Title 30 / Chapter 14 / Part 28 / Section 30-14-2814
30-14-2814 Data protection assessment
Status: in_force

30-14-2814 . Data protection assessment. (1) A controller shall conduct and document a data protection assessment for each of the controller's processing activities that presents a heightened risk of harm to a consumer. For the purposes of this section, processing that presents a heightened risk of harm to a consumer includes:

(a) the processing of personal data for the purposes of targeted advertising;

(b) the sale of personal data;

(c) the processing of personal data for the purposes of profiling in which the profiling presents a reasonably foreseeable risk of:

(i) unfair or deceptive treatment of or unlawful disparate impact on consumers;

(ii) financial, physical, or reputational injury to consumers;

(iii) a physical or other form of intrusion on the solitude or seclusion or the private affairs or concerns of consumers in which the intrusion would be offensive to a reasonable person; or

(iv) other substantial injury to consumers; and

(d) the processing of sensitive data.

(2) (a) Data protection assessments conducted pursuant to subsection (1) must identify and weigh the benefits that may flow, directly and indirectly, from the processing to the controller, the consumer, other stakeholders, and the public against the potential risks to the rights of the consumer associated with the processing as mitigated by safeguards that may be employed by the controller to reduce these risks.

(b) The controller shall factor into any data protection assessment the use of de-identified data and the reasonable expectations of consumers, as well as the context of the processing and the relationship between the controller and the consumer whose personal data will be processed.

(3) (a) The attorney general may require that a controller disclose any data protection assessment that is relevant to an investigation conducted by the attorney general, and the controller shall make the data protection assessment available to the attorney general.

(b) The attorney general may evaluate the data protection assessment for compliance with the responsibilities set forth in this part.

(c) Data protection assessments are confidential and are exempt from disclosure under the Freedom of Information Act, 5 U.S.C. 552.

(d) To the extent any information contained in a data protection assessment disclosed to the attorney general includes information subject to attorney-client privilege or work product protection, the disclosure may not constitute a waiver of the privilege or protection.

(4) A single data protection assessment may address a comparable set of processing operations that include similar activities.

(5) If a controller conducts a data protection assessment for the purpose of complying with another applicable law or regulation, the data protection assessment must be considered to satisfy the requirements established in this section if the data protection assessment is reasonably similar in scope and effect to the data protection assessment that would otherwise be conducted pursuant to this section.

(6) Data protection assessment requirements must apply to processing activities created or generated after January 1, 2025, and are not retroactive.
Mont. Code Ann. § 30-2-512 — MT Code / Title 30 / Chapter 2 / Part 5 / Section 30-2-512
30-2-512 Payment by buyer before inspection
Status: in_force

30-2-512 . Payment by buyer before inspection. (1) Where the contract requires payment before inspection nonconformity of the goods does not excuse the buyer from so making payment unless:

(a) the nonconformity appears without inspection; or

(b) despite tender of the required documents the circumstances would justify injunction against honor under the provisions of this code ( 30-5-129 (2)).

(2) Payment pursuant to subsection (1) does not constitute an acceptance of goods or impair the buyer's right to inspect or any of the buyer's remedies.
Mont. Code Ann. § 30-14-1729 — MT Code / Title 30 / Chapter 14 / Part 17 / Section 30-14-1729
30-14-1729 Temporary lifting of security freeze -- consumer requirements -- consumer reporting agency duties -- notification
Status: in_force

30-14-1729 . (Temporary) Temporary lifting of security freeze -- consumer requirements -- consumer reporting agency duties -- notification. (1) A consumer who wishes to allow access to the consumer's own credit report by a specific party or for a specific period of time while a security freeze is in place shall contact each consumer reporting agency, using a point of contact designated by the consumer reporting agency by regular or certified mail, telephone, or a secure electronic connection, request that the security freeze be temporarily lifted, and provide all of the following:

(a) proper identification;

(b) the unique personal identification number, password, or device provided by the consumer reporting agency pursuant to 30-14-1728 (3);

(c) the proper information regarding the third party who is to receive the credit report or the time period for which the credit report is to be available to users of the credit report; and

(d) a fee, if applicable.

(2) (a) Except as provided in subsection (2)(b), a consumer reporting agency that receives a request from a consumer to temporarily lift a security freeze on a credit report as provided in subsection (1) shall comply with the request no later than 3 business days after receiving the request.

(b) By no later than January 31, 2009, a consumer reporting agency shall honor a request for the temporary lifting of a security freeze made by telephone or through a secure electronic connection designated by the consumer reporting agency within 15 minutes of receiving the request unless one of the following circumstances applies:

(i) the consumer fails to meet the requirements of subsections (1)(a) through (1)(c); or

(ii) the consumer reporting agency's ability to remove the security freeze within 15 minutes is prevented by:

(A) a natural disaster or act of God, including fire, earthquake, or hurricane;

(B) unauthorized or illegal acts by a third party, including terrorism, sabotage, riot, vandalism, or a labor strike or similar labor dispute disrupting operations;

(C) operational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, or computer hardware or software failures inhibiting response time;

(D) governmental action, including emergency orders or regulations or judicial or law enforcement action;

(E) receipt of a removal request outside of normal business hours; or

(F) maintenance of, updates to, or repair of the consumer reporting agency's systems, whether regularly scheduled or unexpected or unscheduled.

(c) For the purposes of this section, "normal business hours" means from 6 a.m. to 9:30 p.m., mountain standard time or mountain daylight time, 7 days a week, excluding holidays.

(3) A consumer reporting agency shall:

(a) designate the contact address and telephone number along with a telefax number or appropriate electronic access address when providing the unique personal identification number, password, or other device as provided in 30-14-1728 (3); and

(b) develop procedures to implement this section by January 31, 2009, involving the use of telephone, telefax, or electronic connection, using a process for legally required notices provided for in the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001.

(4) Only the attorney general may enforce the provisions of this section related to a failure to comply with the 15-minute requirement for the temporary lifting of a security freeze.
Mont. Code Ann. § 30-5-136 — MT Code / Title 30 / Chapter 5 / Part 1 / Section 30-5-136
30-5-136 Choice of law and forum
Status: in_force

30-5-136 . Choice of law and forum. (1) The liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction chosen by an agreement in the form of a record signed by the affected parties or by a provision in the person's letter of credit, confirmation, or other undertaking. The jurisdiction whose law is chosen need not bear any relation to the transaction.

(2) Unless subsection (1) applies, the liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction in which the person is located. The person is considered to be located at the address indicated in the person's undertaking. If more than one address is indicated, the person is considered to be located at the address from which the person's undertaking was issued.

(3) For the purpose of jurisdiction, choice of law, and recognition of interbranch letters of credit, but not enforcement of a judgment, all branches of a bank are considered separate juridical entities and a bank is considered to be located at the place where its relevant branch is considered to be located under subsection (4).

(4) A branch of a bank is considered to be located at the address indicated in the branch's undertaking. If more than one address is indicated, the branch is considered to be located at the address from which the undertaking was issued.

(5) (a) Except as otherwise provided in this subsection, the liability of an issuer, nominated person, or adviser is governed by any rules of custom or practice, such as the Uniform Customs and Practice for Documentary Credits, to which the letter of credit, confirmation, or other undertaking is expressly made subject.

(b) The rules of custom and practice govern except to the extent of any conflict with the nonvariable provisions specified in 30-5-123 (3) if:

(i) this chapter would govern the liability of an issuer, nominated person, or adviser under subsection (1) or (2);

(ii) the relevant undertaking incorporates rules of custom or practice; and

(iii) there is conflict between this chapter and those rules as applied to that undertaking.

(6) If there is conflict between this chapter and chapter 3, 4, 4A, or 9A, this chapter governs.

(7) The forum for settling disputes arising out of an undertaking within this chapter may be chosen in the manner and with the binding effect that governing law may be chosen in accordance with subsection (1).
Mont. Code Ann. § 30-4-303 — MT Code / Title 30 / Chapter 4 / Part 3 / Section 30-4-303
30-4-303 When items subject to notice, stop order, legal process or setoff -- order in which items may be charged or certified
Status: in_force

30-4-303 . When items subject to notice, stop order, legal process or setoff -- order in which items may be charged or certified. (1) Any knowledge, notice, or stop order received by, legal process served upon or setoff exercised by a payor bank, whether or not effective under other rules of law to terminate, suspend, or modify the bank's right or duty to pay an item or to charge its customer's account for the item, comes too late to so terminate, suspend, or modify such right or duty if the knowledge, notice, stop order, or legal process is received or served and a reasonable time for the bank to act thereon expires or the setoff is exercised after the earliest of the following:

(a) the bank accepts or certifies the item;

(b) the bank pays the item in cash;

(c) the bank settles for the item without having a right to revoke the settlement under statute, clearinghouse rule, or agreement;

(d) the bank becomes accountable for the amount of the item under 30-4-302 dealing with the payor bank's responsibility for late return of items; or

(e) with respect to checks, a cutoff hour no earlier than 1 hour after the opening of the next banking day after the banking day on which the bank received the check and no later than the close of that banking day or, if no cutoff hour is fixed, the close of the next banking day after the banking day on which the bank received the check.

(2) Subject to the provisions of subsection (1) items may be accepted, paid, certified, or charged to the indicated account of its customer in any order.
Mont. Code Ann. § 30-1-211 — MT Code / Title 30 / Chapter 1 / Part 2 / Section 30-1-211
30-1-211 Lease distinguished from security interest
Status: in_force

30-1-211 . Lease distinguished from security interest. (1) Whether a transaction in the form of a lease creates a lease or security interest is determined by the facts of each case.

(2) A transaction in the form of a lease creates a security interest if the consideration that the lessee is to pay the lessor for the right to possession and use of the goods is an obligation for the term of the lease and is not subject to termination by the lessee and:

(a) the original term of the lease is equal to or greater than the remaining economic life of the goods;

(b) the lessee is bound to renew the lease for the remaining economic life of the goods or is bound to become the owner of the goods;

(c) the lessee has an option to renew the lease for the remaining economic life of the goods for no additional consideration or for nominal additional consideration upon compliance with the lease agreement; or

(d) the lessee has an option to become the owner of the goods for no additional consideration or for nominal additional consideration upon compliance with the lease agreement.

(3) A transaction in the form of a lease does not create a security interest merely because:

(a) the present value of the consideration the lessee is obligated to pay the lessor for the right to possession and use of the goods is substantially equal to or is greater than the fair market value of the goods at the time the lease is entered into;

(b) the lessee assumes risk of loss of the goods;

(c) the lessee agrees to pay taxes, insurance, filing, recording, or registration fees, or service or maintenance costs with respect to the goods;

(d) the lessee has an option to renew the lease or to become the owner of the goods;

(e) the lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market rent for the use of the goods for the term of the renewal at the time the option is to be performed; or

(f) the lessee has an option to become the owner of the goods for a fixed price that is equal to or greater than the reasonably predictable fair market value of the goods at the time the option is to be performed.

(4) Additional consideration is nominal if it is less than the lessee's reasonably predictable cost of performing under the lease agreement if the option is not exercised. Additional consideration is not nominal if:

(a) when the option to renew the lease is granted to the lessee, the rent is stated to be the fair market rent for the use of the goods for the term of the renewal determined at the time the option is to be performed; or

(b) when the option to become the owner of the goods is granted to the lessee, the price is stated to be the fair market value of the goods determined at the time the option is to be performed.

(c) The "remaining economic life of the goods" and "reasonably predictable" fair market rent, fair market value, or cost of performing under the lease agreement must be determined with reference to the facts and circumstances at the time the transaction is entered into.
Mont. Code Ann. § 30-13-133 — MT Code / Title 30 / Chapter 13 / Part 1 / Section 30-13-133
30-13-133 Transfer
Status: in_force

30-13-133 . Transfer. The owner of any product of the mind or of any representation or expression of a product of the mind may transfer the owner's interest in the product.
Mont. Code Ann. § 30-14-214 — MT Code / Title 30 / Chapter 14 / Part 2 / Section 30-14-214
30-14-214 Fair price for agricultural products
Status: in_force

30-14-214 . Fair price for agricultural products. (1) The following method shall be used in determining fair prices for agricultural products sold on local markets in a trade area, district, or city in which the major portion of an agricultural commodity or product is produced within or adjacent to the trade area, city, or district:

(a) When 75% of the producers of an agricultural product or commodity marketing those products or commodities within a trade area, district, or city determine what is a fair price based upon competitive and other factors for their product or commodity, it shall be the fair price for that product or commodity under the terms of this part.

(b) Those producers through their agents shall file with the department the fair price and request a hearing for the establishment of fair prices to jobbers, wholesalers, retailers, and consumers of the agricultural products or commodities. An organization representing consumers may not be denied representation at the hearing.

(2) After the establishment of a schedule of fair prices for the agricultural products or commodities, it is a violation of this part for a producer, jobber, wholesaler, or retailer to sell or buy an agricultural commodity or product below the price established by the department. Such action is punishable under the terms provided in this part.
Mont. Code Ann. § 30-14-505 — MT Code / Title 30 / Chapter 14 / Part 5 / Section 30-14-505
30-14-505 Notice of right to cancel
Status: in_force

30-14-505 . Notice of right to cancel. (1) The seller shall furnish the buyer a notice that contains the statement set forth in subsection (1)(a) or a statement as prescribed by federal trade commission rule governing door-to-door sales and printed in capital and lowercase letters of not less than 10-point boldfaced type with the seller's name and business address and the statement set forth in subsection (1)(b):

(a) YOU MAY CANCEL THIS SALE WITHIN THREE BUSINESS DAYS.

If you decide within 3 days that you want to cancel the sale, tear off and mail the bottom of this card. To cancel, the card must be mailed BY CERTIFIED MAIL within 3 days after you sign the contract.

(date)

(b) CONTRACT CANCELED

I hereby cancel this sale.

(Buyer's signature)

(2) Until the seller has complied with this section, the buyer or any other person obligated for any part of the purchase price may cancel the personal solicitation sale by notifying the seller in any manner and by any means of the intention to cancel. However, failure to mail the cancellation by certified mail does not nullify the cancellation as long as the cancellation is mailed within the prescribed time period. The period prescribed by 30-14-504 begins to run from the time the seller complies with this section.
Mont. Code Ann. § 30-4-206 — MT Code / Title 30 / Chapter 4 / Part 2 / Section 30-4-206
30-4-206 Transfer between banks
Status: in_force

30-4-206 . Transfer between banks. Any agreed method that identifies the transferor bank is sufficient for the item's further transfer to another bank.
Mont. Code Ann. § 30-16-102 — MT Code / Title 30 / Chapter 16 / Part 1 / Section 30-16-102
30-16-102 Purpose
Status: in_force

30-16-102 . Purpose. The purposes of this chapter are to:

(1) eliminate licensing requirements, administrative procedures, and forms that are unnecessary for the protection of the public interest;

(2) streamline and minimize the total government and business costs of necessary licensing and inspection procedures;

(3) distribute equitably the costs of licensing; and

(4) provide a convenient, accessible, and timely system for the business community to acquire and maintain the necessary state registrations and licenses to conduct business.
Mont. Code Ann. § 30-9A-319 — MT Code / Title 30 / Chapter 9A / Part 3 / Section 30-9A-319
30-9A-319 Rights and title of consignee with respect to creditors and purchasers
Status: in_force

30-9A-319 . Rights and title of consignee with respect to creditors and purchasers. (1) Except as otherwise provided in subsection (2), for purposes of determining the rights of creditors of, and purchasers for value of goods from, a consignee, while the goods are in the possession of the consignee, the consignee has rights and title to the goods identical to those the consignor had or had power to transfer.

(2) For purposes of determining the rights of a creditor of a consignee, law other than this chapter determines the rights and title of a consignee while goods are in the consignee's possession if, under this part, a perfected security interest held by the consignor would have priority over the rights of the creditor.
Mont. Code Ann. § 30-8-503 — MT Code / Title 30 / Chapter 8 / Part 5 / Section 30-8-503
30-8-503 Property interest of entitlement holder in financial asset held by securities intermediary
Status: in_force

30-8-503 . Property interest of entitlement holder in financial asset held by securities intermediary. (1) To the extent necessary for a securities intermediary to satisfy all security entitlements with respect to a particular financial asset, all interests in that financial asset held by the securities intermediary are held by the securities intermediary for the entitlement holders, are not property of the securities intermediary, and are not subject to claims of creditors of the securities intermediary, except as otherwise provided in 30-8-511 .

(2) An entitlement holder's property interest with respect to a particular financial asset under subsection (1) is a pro rata property interest in all interests in that financial asset held by the securities intermediary, without regard to the time the entitlement holder acquired the security entitlement or the time the securities intermediary acquired the interest in that financial asset.

(3) An entitlement holder's property interest with respect to a particular financial asset under subsection (1) may be enforced against the securities intermediary only by exercise of the entitlement holder's rights under 30-8-505 through 30-8-508 .

(4) An entitlement holder's property interest with respect to a particular financial asset under subsection (1) may be enforced against a purchaser of the financial asset or interest therein only if:

(a) insolvency proceedings have been initiated by or against the securities intermediary;

(b) the securities intermediary does not have sufficient interests in the financial asset to satisfy the security entitlements of all of its entitlement holders to that financial asset;

(c) the securities intermediary violated its obligations under 30-8-504 by transferring the financial asset or interest therein to the purchaser; and

(d) the purchaser is not protected under subsection (6).

(5) The trustee or other liquidator, acting on behalf of all entitlement holders having security entitlements with respect to a particular financial asset, may recover the financial asset, or interest therein, from the purchaser. If the trustee or other liquidator elects not to pursue that right, an entitlement holder whose security entitlement remains unsatisfied has the right to recover its interest in the financial asset from the purchaser.

(6) An action based on the entitlement holder's property interest with respect to a particular financial asset under subsection (1), whether framed in conversion, replevin, constructive trust, equitable lien, or other theory, may not be asserted against any purchaser of a financial asset or interest therein who gives value, obtains control, and does not act in collusion with the securities intermediary in violating the securities intermediary's obligations under 30-8-504 .
Mont. Code Ann. § 30-8-212 — MT Code / Title 30 / Chapter 8 / Part 2 / Section 30-8-212
30-8-212 Issuer's responsibility and defenses -- notice of defect or defense
Status: in_force

30-8-212 . Issuer's responsibility and defenses -- notice of defect or defense. (1) Even against a purchaser for value and without notice, the terms of a certificated security include terms stated on the certificate and terms made part of the security by reference on the certificate to another instrument, indenture, or document or to a constitution, statute, ordinance, rule, regulation, order, or the like, to the extent the terms referred to do not conflict with terms stated on the certificate. A reference under this subsection does not of itself charge a purchaser for value with notice of a defect going to the validity of the security, even if the certificate expressly states that a person accepting it admits notice. The terms of an uncertificated security include those stated in any instrument, indenture, or document or in a constitution, statute, ordinance, rule, regulation, order, or the like, pursuant to which the security is issued.

(2) The following rules apply if an issuer asserts that a security is not valid:

(a) A security other than one issued by a government or governmental subdivision, agency, or instrumentality, even though issued with a defect going to its validity, is valid in the hands of a purchaser for value and without notice of the particular defect unless the defect involves a violation of a constitutional provision. In that case, the security is valid in the hands of a purchaser for value and without notice of the defect, other than one who takes by original issue.

(b) Subsection (2)(a) applies to an issuer that is a government or governmental subdivision, agency, or instrumentality only if there has been substantial compliance with the legal requirements governing the issue or the issuer has received a substantial consideration for the issue as a whole or for the particular security and a stated purpose of the issue is one for which the issuer has power to borrow money or issue the security.

(3) Except as otherwise provided in 30-8-215 , lack of genuineness of a certificated security is a complete defense, even against a purchaser for value and without notice.

(4) All other defenses of the issuer of a security, including nondelivery and conditional delivery of a certificated security, are ineffective against a purchaser for value who has taken the certificated security without notice of the particular defense.

(5) This section does not affect the right of a party to cancel a contract for a security "when, as and if issued" or "when distributed" in the event of a material change in the character of the security that is the subject of the contract or in the plan or arrangement pursuant to which the security is to be issued or distributed.

(6) If a security is held by a securities intermediary against whom an entitlement holder has a security entitlement with respect to the security, the issuer may not assert any defense that the issuer could not assert if the entitlement holder held the security directly.
Mont. Code Ann. § 30-11-713 — MT Code / Title 30 / Chapter 11 / Part 7 / Section 30-11-713
30-11-713 Remedy as supplemental
Status: in_force

30-11-713 . Remedy as supplemental. (1) The provisions of this part are supplemental to any agreement between:

(a) the retailer and wholesaler, manufacturer, or distributor governing the inventory, signs, special equipment, or special tools; or

(b) the wholesaler and manufacturer or distributor governing the inventory.

(2) The retailer or wholesaler may elect to pursue either contract remedies or the remedy provided in this part. An election to pursue contract remedies does not bar the retailer's or wholesaler's right to the remedy provided in this part with regard to any inventory, parts, signs, special equipment, or special tools that are not included in contract remedies, provided that the retailer or wholesaler is not entitled to recover more than one time on any claim of loss or damage.
Mont. Code Ann. § 30-11-814 — MT Code / Title 30 / Chapter 11 / Part 8 / Section 30-11-814
30-11-814 Grantor's right of first refusal -- farm implements
Status: in_force

30-11-814 . Grantor's right of first refusal -- farm implements. (1) In addition to the terms of a dealership contract, in the event of a proposed sale or transfer of a dealership or of a location at which the dealer conducts any of the dealership's business, one or more grantors shall have the option to exercise a right of first refusal to acquire the dealer's assets that are dedicated to the sale and service of the grantor's farm implements at the relevant location. The right of first refusal may occur if all the following requirements are met:

(a) the grantor notifies the dealer in writing of the grantor's intent to exercise the right of first refusal within 60 days of receipt of the dealer's written proposal for sale or transfer;

(b) the dealer's owner receives the same or greater consideration as the owner has contracted to receive in a sale, not exceeding fair market value, in connection with the proposed change of ownership or transfer of the dealer's assets that are dedicated to the sale and service of the grantor's farm implements at the relevant location;

(c) the proposed sale or transfer of the dealership's assets does not involve the transfer or sale to a member or members of the family of one or more dealer owners or to a qualified manager, partnership, corporation, or other entity controlled by a member or members of the family of one or more dealer owners; and

(d) the grantor and dealer agree to each pay 50% of the total reasonable costs and attorney fees upon completion of the transaction. The costs include amounts incurred by the grantor and dealer that are relative to the proposed changes in ownership or transfer of dealership assets. Each party shall submit an accounting of the party's costs and attorney fees within 20 days of the receipt of the other party's written request for the accounting. The grantor may request the accounting before exercising the grantor's right of first refusal.

(2) If the grantor and the dealer cannot agree on the fair market value in subsection (1)(b), they shall appoint a mutually agreeable certified business appraiser to establish the fair market value. The cost of the appraiser must be shared equally by the grantor and dealer. If the grantor and the dealer cannot agree on an appraiser, each shall appoint a certified business appraiser who must make an independent appraisal. The grantor and dealer shall each be responsible for the cost of the appraiser it retains. If the appraisals are within 10% of each other, the average of the two appraisals must constitute the fair market value. If the two appraisals differ by more than 10%, the two appraisers may appoint a third certified business appraiser who shall review the first two appraisals. The third appraisal, when taken with the first two appraisals and averaged among the three, must establish the fair market value. The cost of the third appraiser must be shared equally by the grantor and dealer.

(3) This section does not impose any obligation on the grantor to purchase the dealership and does not affect any contractual right of the grantor, including but not limited to any right to charge back to the dealer's account any amount previously credited or paid as a discount incident to the dealer's purchase of farm implements.

(4) If the grantor exercises its right of first refusal under this section, the grantor and dealer shall use best efforts to complete the transaction within 120 calendar days after the fair market value has been determined under subsection (2). If the grantor elects not to exercise its right of first refusal, the proposed transfer or sale remains subject to further review pursuant to 30-11-804 through 30-11-806 . During the 60-day period set forth in subsection (1)(a) of this section, the grantor shall assess whether the proposed new owner or transferee meets the requirements of 30-11-804 .
Mont. Code Ann. § 30-14-211 — MT Code / Title 30 / Chapter 14 / Part 2 / Section 30-14-211
30-14-211 Establishing cost survey
Status: in_force

30-14-211 . Establishing cost survey. (1) The department shall, whenever application has been made by 10 or more persons within a particular trade or business, as soon as possible, fix a time for a public hearing upon the question of whether the cost survey should be established and, if so, upon the matter of establishing the cost survey. The hearing must be held at the office of the department and upon notice that the department may require by rule. However, notice of the hearing must be published for at least 2 successive weeks in the daily newspaper or newspapers designated by the department as the most commonly circulated in the counties affected by the cost survey. The notice must further state the locality or area in respect to which the cost survey is proposed to be established and the particular trade or business to be affected by it.

(2) At the time fixed in the notice any person may appear and be heard by the department upon all questions to be determined by the department as provided in this section. If the department determines that a cost survey should be established, it shall at the same hearing proceed to classify and define the particular trade or business, or parts of a particular trade or business, to be affected, determine the particular area within which the trade or business will be affected, and find and determine the probable cost of doing business or overhead expense, stated in percentage of invoice or replacement cost that would probably be incurred by the most efficient person in the trade or business within the area.

(3) If the department determines that the probable cost of doing business or overhead expense stated in percentage of invoice or replacement cost that would probably be incurred by the most efficient person in the trade or business is the same for the entire state, then the department may, upon proper notice given as provided in this section, create one trade area embracing the entire state.

(4) The percentage so determined must be presumed to be the actual cost of doing business and overhead expense of any person in the trade or business and within the area affected by the cost survey.
Mont. Code Ann. § 30-13-154 — MT Code / Title 30 / Chapter 13 / Part 1 / Section 30-13-154
30-13-154 Damages
Status: in_force

30-13-154 . Damages. A court may award the following relief to a plaintiff who prevails in an action brought pursuant to 30-13-151 through 30-13-154 :

(1) compensatory damages;

(2) costs and fees, including reasonable attorney fees; and

(3) punitive damages in an amount equal to three times the total of compensatory damages and costs and fees.
Mont. Code Ann. § 30-14-905 — MT Code / Title 30 / Chapter 14 / Part 9 / Section 30-14-905
30-14-905 Recovery on illegal contracts forbidden
Status: in_force

30-14-905 . Recovery on illegal contracts forbidden. A contract, express or implied, made by a person in violation of the provisions of 30-14-901 is an illegal contract, and no recovery may be had on the contract.
Mont. Code Ann. § 30-11-302 — MT Code / Title 30 / Chapter 11 / Part 3 / Section 30-11-302
30-11-302 Obligation to keep merchandise in full view
Status: in_force

30-11-302 . Obligation to keep merchandise in full view. Any merchant has the right to request any individual on the merchant's premises to place or keep in full view any merchandise that the individual may have removed, or that the merchant has reason to believe the individual may have removed, from its place of display or elsewhere, whether for examination, purchase, or for any other purpose. A merchant may not be criminally or civilly liable for slander, false arrest, or otherwise on account of having made such a request.
Mont. Code Ann. § 30-2A-220 — MT Code / Title 30 / Chapter 2A / Part 2 / Section 30-2A-220
30-2A-220 Effect of default on risk of loss
Status: in_force

30-2A-220 . Effect of default on risk of loss. (1) When risk of loss is to pass to the lessee and the time of passage is not stated:

(a) if a tender or delivery of goods so fails to conform to the lease contract as to give a right of rejection, the risk of their loss remains with the lessor or, in the case of a finance lease, the supplier until cure or acceptance.

(b) if the lessee rightfully revokes acceptance, the lessee, to the extent of any deficiency in its effective insurance coverage, may treat the risk of loss as having remained with the lessor from the beginning.

(2) Whether or not risk of loss is to pass to the lessee, if the lessee as to conforming goods already identified to a lease contract repudiates or is otherwise in default under the lease contract, the lessor or, in the case of a finance lease, the supplier, to the extent of any deficiency in its effective insurance coverage, may treat the risk of loss as resting on the lessee for a commercially reasonable time.
Mont. Code Ann. § 30-11-516 — MT Code / Title 30 / Chapter 11 / Part 5 / Section 30-11-516
30-11-516 Powers of cities and towns
Status: in_force

30-11-516 . Powers of cities and towns. Towns and cities may tax, license, and regulate persons, firms, associations, corporations, or other legal entities engaging in or desiring to engage in public auctions and may require a license and charge a fee therefor. Towns and cities may provide penalties for violations of the requirements.
Mont. Code Ann. § 30-10-1005 — MT Code / Title 30 / Chapter 10 / Part 10 / Section 30-10-1005
30-10-1005 Eligibility
Status: in_force

30-10-1005 . (Temporary) Eligibility. (1) The following victims are eligible for restitution assistance:

(a) a natural person who is a resident of Montana at the time the offense is committed; or

(b) a person, other than a natural person, domiciled in Montana at the time the offense is committed.

(2) The commissioner may not award securities restitution assistance under this part:

(a) to more than one claimant per victim;

(b) unless the person ordered to pay restitution has not paid the full amount of restitution owed to the victim before the application for restitution assistance from the fund is due; or

(c) if there was no award of restitution in the final order.

(3) If an award of restitution in a final order is overturned on appeal, the commissioner may not award restitution assistance under this part.

(4) If, after the commissioner has made a securities restitution assistance award from the fund under this part, the restitution award in the final order is overturned on appeal and all legal remedies have been exhausted, the claimant shall forfeit the restitution assistance awarded under this part. (Terminates June 30, 2027--secs. 3, 4, Ch. 404, L. 2021.)
Mont. Code Ann. § 30-11-108 — MT Code / Title 30 / Chapter 11 / Part 1 / Section 30-11-108
30-11-108 Agreement to sell real property
Status: in_force

30-11-108 . Agreement to sell real property. An agreement to sell real property binds the seller to execute a conveyance in form sufficient to pass the title to the property.
Mont. Code Ann. § 30-19-102 — MT Code / Title 30 / Chapter 19 / Part 1 / Section 30-19-102
30-19-102 Purpose
Status: in_force

30-19-102 . Purpose. (1) The legislature finds that the rental-purchase industry is unique in its structure of providing a service to Montana consumers, in that the business transaction involved is not a credit transaction, does not create a debt or a security interest, and is not a simple rental or lease. As a result, rental-purchase agreements deserve their own regulatory scheme.

(2) The purpose of this part is to protect consumers and businesses engaged in the rental-purchase of consumer goods against unfair or deceptive acts and practices and to provide certainty and regularity in the conduct of rental-purchase transactions.
Mont. Code Ann. § 30-12-505 — MT Code / Title 30 / Chapter 12 / Part 5 / Section 30-12-505
30-12-505 Injunction
Status: in_force

30-12-505 . Injunction. The department may apply to any court of competent jurisdiction for, and that court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining a person from violating any provision of parts 1 through 5 of this chapter.
Mont. Code Ann. § 30-9A-609 — MT Code / Title 30 / Chapter 9A / Part 6 / Section 30-9A-609
30-9A-609 Secured party's right to take possession after default
Status: in_force

30-9A-609 . Secured party's right to take possession after default. (1) After default, a secured party:

(a) may take possession of the collateral; and

(b) without removal, may render equipment unusable and dispose of collateral on a debtor's premises under 30-9A-610 .

(2) A secured party may proceed under subsection (1):

(a) pursuant to judicial process; or

(b) without judicial process, if it proceeds without breach of the peace.

(3) If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party that is reasonably convenient to both parties.
Mont. Code Ann. § 30-9A-335 — MT Code / Title 30 / Chapter 9A / Part 3 / Section 30-9A-335
30-9A-335 Accessions
Status: in_force

30-9A-335 . Accessions. (1) A security interest may be created in an accession and continues in collateral that becomes an accession.

(2) If a security interest is perfected when the collateral becomes an accession, the security interest remains perfected in the collateral.

(3) Except as otherwise provided in subsection (4), the other provisions of this part determine the priority of a security interest in an accession.

(4) A security interest in an accession is subordinate to a security interest in the whole that is perfected by compliance with the requirements of a certificate-of-title statute under 30-9A-311 (2).

(5) After default, subject to part 6, a secured party may remove an accession from other goods if the security interest in the accession has priority over the claims of every person having an interest in the whole.

(6) A secured party that removes an accession from other goods under subsection (5) shall promptly reimburse any encumbrancer or owner of the whole or of the other goods, other than the debtor, for the cost of repair of any physical injury to the whole or the other goods. The secured party need not reimburse the encumbrancer or owner for any diminution in value of the whole or the other goods caused by the absence of the accession removed or by any necessity for replacing it. A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.
Mont. Code Ann. § 30-4A-108 — MT Code / Title 30 / Chapter 4A / Part 1 / Section 30-4A-108
30-4A-108 Relationship to Electronic Fund Transfer Act
Status: in_force

30-4A-108 . Relationship to Electronic Fund Transfer Act. (1) Except as provided in subsection (2), this chapter does not apply to a funds transfer any part of which is governed by the Electronic Fund Transfer Act of 1978, Title XX, Public Law 95-630, 92 Stat. 3728, 15 U.S.C. 1693, et seq.

(2) This chapter applies to a funds transfer that is a remittance transfer as defined in the Electronic Fund Transfer Act, 15 U.S.C. 1693o-1, unless the remittance transfer is an electronic fund transfer as defined in the Electronic Fund Transfer Act, 15 U.S.C. 1693a.

(3) In a funds transfer to which this chapter applies, in the event of an inconsistency between an applicable provision of this chapter and an applicable provision of the Electronic Fund Transfer Act, the provision of the Electronic Fund Transfer Act governs to the extent of the inconsistency.
Mont. Code Ann. § 30-4-211 — MT Code / Title 30 / Chapter 4 / Part 2 / Section 30-4-211
30-4-211 Medium and time of settlement by bank
Status: in_force

30-4-211 . Medium and time of settlement by bank. (1) With respect to settlement by a bank, the medium and time of settlement may be prescribed by federal reserve regulations or circulars, clearinghouse rules, and the like or by agreement. In the absence of such prescription:

(a) the medium of settlement is cash or credit to an account in a federal reserve bank of or specified by the person to receive settlement; and

(b) the time of settlement is:

(i) with respect to tender of settlement by cash, a cashier's check, or a teller's check, when the cash or check is sent or delivered;

(ii) with respect to tender of settlement by credit in an account in a federal reserve bank, when the credit is made;

(iii) with respect to tender of settlement by a credit or debit to an account in a bank, when the credit or debit is made or, in the case of tender of settlement by authority to charge an account, when the authority is sent or delivered; or

(iv) with respect to tender of settlement by a funds transfer, when payment is made pursuant to 30-4A-406 (1) to the person receiving settlement.

(2) If the tender of settlement is not by a medium authorized by subsection (1) or the time of settlement is not fixed by subsection (1), no settlement occurs until the tender of settlement is accepted by the person receiving settlement.

(3) If settlement for an item is made by cashier's check or teller's check and the person receiving settlement, before its midnight deadline:

(a) presents or forwards the check for collection, settlement is final when the check is finally paid; or

(b) fails to present or forward the check for collection, settlement is final at the midnight deadline of the person receiving settlement.

(4) If settlement for an item is made by giving authority to charge the account of the bank giving settlement in the bank receiving settlement, settlement is final when the charge is made by the bank receiving settlement if there are funds available in the account for the amount of the item.
Mont. Code Ann. § 30-16-104 — MT Code / Title 30 / Chapter 16 / Part 1 / Section 30-16-104
30-16-104 Rulemaking
Status: in_force

30-16-104 . Rulemaking. The board of review established in 30-16-302 :

(1) shall adopt rules governing the identification and use of electronic forms of signature to fulfill licensing requirements for licensees included in this part;

(2) may adopt rules to establish the anniversary date for the renewal of licenses issued to licensees included in this part; and

(3) shall consult with the pertinent licensing agency before issuing rules concerning license renewal dates.
Mont. Code Ann. § 30-14-2501 — MT Code / Title 30 / Chapter 14 / Part 25 / Section 30-14-2501
30-14-2501 Definitions
Status: in_force

30-14-2501 . Definitions. As used in this part, the following definitions apply:

(1) "Actual price" means the price paid by a motorsports dealer to a motorsports manufacturer for a motorsports product less any pecuniary benefit relating to a motorsports product paid or credited by the motorsports manufacturer to the motorsports dealer or the ultimate purchaser of the motorsports product.

(2) "Confidential or proprietary information" means trade secrets as defined in 30-14-402 and includes business plans, marketing plans or strategies, customer lists, contracts, sales data, revenue, or other financial information.

(3) "Control" or "controlling" means:

(a) the possession of, title to, or control of 10% or more of the voting equity interest in a person, whether directly or indirectly through a fiduciary, agent, or other intermediary; or

(b) the possession, direct or indirect, of the power to direct or cause the direction of the management or policies of a person, whether through the ownership of voting securities, through director control, by contract, or otherwise.

(4) "Department" means the department of justice created in 2-15-2001 .

(5) "Fleet" means a group of 15 or more new motorsports vehicles that are sold or leased by a motorsports dealer at one time under a single purchase or lease agreement for use as part of a fleet.

(6) "Motorsports dealer" means a new motor vehicle dealer as defined in 61-4-201 who sells motorsports vehicles.

(7) "Motorsports manufacturer" means a manufacturer, distributor, distributor branch, factory branch, or importer, as those terms are defined in 61-4-201 , who sells motorsports vehicles to motorsports dealers within this state.

(8) "Motorsports vehicle" means a personal watercraft as defined in 61-1-101 , a snowmobile as defined in 23-2-601 , a motorcycle as defined in 61-1-101 , a motor-driven cycle as defined in 61-1-101 , an off-highway vehicle as defined in 61-1-101 , or a quadricycle as defined in 61-1-101 .

(9) "Operate" means to manage a motorsports dealership, whether directly or indirectly.

(10) "Own" or "ownership" means to hold the beneficial ownership of 1% or more of any class of equity interest in a motorsports dealership, whether the interest is that of a shareholder, partner, limited liability company member, or otherwise. To hold an ownership interest means to have possession of, title to, or control of the ownership interest, whether directly or indirectly through a fiduciary, agent, or other intermediary.

(11) "Person" has the meaning provided in 30-14-102 .
Mont. Code Ann. § 30-3-126 — MT Code / Title 30 / Chapter 3 / Part 1 / Section 30-3-126
30-3-126 Identification of person to whom instrument is payable
Status: in_force

30-3-126 . Identification of person to whom instrument is payable. (1) A person to whom an instrument is payable is determined by the intent of the person, whether or not authorized, signing as, in the name of, or on behalf of the maker or drawer. The instrument is payable to the person intended by the signer even if that person is identified in the instrument by a name or other identification that is not that of the intended person. If more than one person signs in the name or on behalf of the maker or drawer and all the signers do not intend the same person as payee, the instrument is payable to any person intended by one or more of the signers.

(2) If the signature of the maker or drawer of an instrument is made by automated means, such as a check-writing machine, the payee of the instrument is determined by the intent of the person who supplied the name or identification of the payee, whether or not authorized to do so.

(3) A person to whom an instrument is payable may be identified in any way, including by name, identifying number, office, or account number. For the purpose of determining the holder of an instrument, the following rules apply:

(a) If an instrument is payable to an account and the account is identified only by number, the instrument is payable to the person to whom the account is payable. If an instrument is payable to an account identified by number and by the name of a person, the instrument is payable to the named person, whether or not that person is the owner of the account identified by number.

(b) If an instrument is payable to:

(i) a trust, estate, or a person described as trustee or representative of a trust or estate, the instrument is payable to the trustee, the representative, or a successor of either, whether or not the beneficiary or estate is also named;

(ii) a person described as agent or similar representative of a named or identified person, the instrument is payable either to the represented person, the representative, or a successor of the representative;

(iii) a fund or organization that is not a legal entity, the instrument is payable to a representative of the members of the fund or organization; or

(iv) an office or to a person described as holding an office, the instrument is payable to the named person, the incumbent of the office, or a successor to the incumbent.

(4) If an instrument is payable to two or more persons alternatively, it is payable to any of them and may be negotiated, discharged, or enforced by any or all of them in possession of the instrument. If an instrument is payable to two or more persons not alternatively, it is payable to all of them and may be negotiated, discharged, or enforced only by all of them. If an instrument payable to two or more persons is ambiguous as to whether it is payable to the persons alternatively, the instrument is payable to the persons alternatively.
Mont. Code Ann. § 30-14-209 — MT Code / Title 30 / Chapter 14 / Part 2 / Section 30-14-209
30-14-209 Sales at less than cost forbidden
Status: in_force

30-14-209 . Sales at less than cost forbidden. It is unlawful for a vendor to sell, offer for sale, or advertise for sale any article of commerce at less than the cost thereof to the vendor or to give, offer to give, or advertise the intent to give away any article of commerce for the purpose of injuring competitors and destroying competition.
Mont. Code Ann. § 30-12-408 — MT Code / Title 30 / Chapter 12 / Part 4 / Section 30-12-408
30-12-408 Berries and small fruits
Status: in_force

30-12-408 . Berries and small fruits. Berries and small fruits shall be offered and exposed for sale and sold by weight, or by measure in open containers having capacities of 1/2 dry pint, 1 dry pint, or 1 dry quart.
Mont. Code Ann. § 30-8-123 — MT Code / Title 30 / Chapter 8 / Part 1 / Section 30-8-123
30-8-123 Statute of frauds inapplicable
Status: in_force

30-8-123 . Statute of frauds inapplicable. A contract or modification of a contract for the sale or purchase of a security is enforceable whether or not there is a writing signed or record authenticated by a party against whom enforcement is sought, even if the contract or modification is not capable of performance within 1 year of its making.
Mont. Code Ann. § 30-13-216 — MT Code / Title 30 / Chapter 13 / Part 2 / Section 30-13-216
30-13-216 Evidentiary effect of certificates and documents of secretary of state
Status: in_force

30-13-216 . Evidentiary effect of certificates and documents of secretary of state. All certificates issued by the secretary of state in accordance with the provisions of this part and all copies of documents filed in the secretary of state's office in accordance with the provisions of this part when certified by the secretary of state must be taken and received in all courts, public offices, and official bodies as prima facie evidence of the facts stated in the certificate or document.
Mont. Code Ann. § 30-2A-513 — MT Code / Title 30 / Chapter 2A / Part 5 / Section 30-2A-513
30-2A-513 Cure by lessor of improper tender or delivery -- replacement
Status: in_force

30-2A-513 . Cure by lessor of improper tender or delivery -- replacement. (1) If any tender or delivery by the lessor or the supplier is rejected because it is nonconforming and the time for performance has not yet expired, the lessor or the supplier may seasonably notify the lessee of the lessor's or the supplier's intention to cure and may then make a conforming delivery within the time provided in the lease contract.

(2) If the lessee rejects a nonconforming tender that the lessor or the supplier had reasonable grounds to believe would be acceptable with or without money allowance, the lessor or the supplier may have a further reasonable time to substitute a conforming tender if the lessor or supplier seasonably notifies the lessee.
Mont. Code Ann. § 30-4A-104 — MT Code / Title 30 / Chapter 4A / Part 1 / Section 30-4A-104
30-4A-104 Funds transfer -- definitions
Status: in_force

30-4A-104 . Funds transfer -- definitions. In this chapter, the following definitions apply:

(1) "Funds transfer" means the series of transactions, beginning with the originator's payment order, made for the purpose of making payment to the beneficiary of the order. The term includes any payment order issued by the originator's bank or an intermediary bank intended to carry out the originator's payment order. A funds transfer is completed by acceptance by the beneficiary's bank of a payment order for the benefit of the beneficiary of the originator's payment order.

(2) "Intermediary bank" means a receiving bank other than the originator's bank or the beneficiary's bank.

(3) "Originator" means the sender of the first payment order in a funds transfer.

(4) "Originator's bank" means:

(a) the receiving bank to which the payment order of the originator is issued if the originator is not a bank; or

(b) the originator if the originator is a bank.
Mont. Code Ann. § 30-14-2205 — MT Code / Title 30 / Chapter 14 / Part 22 / Section 30-14-2205
30-14-2205 Disclosures
Status: in_force

30-14-2205 . Disclosures. Guaranteed asset protection waivers must disclose, as applicable, in writing and in clear, understandable language, the following:

(1) the name and address of the initial creditor and the borrower at the time of sale and the identity of any administrator if different from the creditor;

(2) the purchase price and the terms of the GAP waiver, including without limitation the requirements for protection, conditions, or exclusions associated with the GAP waiver;

(3) that the borrower may cancel the GAP waiver within a free look period as specified in the waiver and is entitled to a full refund of the purchase price so long as benefits have not been provided;

(4) the procedure the borrower must follow, if any, to obtain GAP waiver benefits under the terms and conditions of the waiver, including a telephone number and address where the borrower may apply for waiver benefits;

(5) whether the GAP waiver may be canceled after the free look period and the conditions under which it may be canceled, including the procedures for requesting any refund due;

(6) that in order to receive any refund due in the event of a borrower's cancellation of the GAP waiver agreement or early termination of the finance agreement, the borrower, in accordance with terms of the waiver, shall provide a written request to cancel to the creditor, administrator, or other party as specified in the GAP waiver. If a borrower is canceling the GAP waiver due to early termination of the finance agreement, the borrower shall provide a written request to the creditor, administrator, or other party within 90 days of the occurrence of the event terminating the finance agreement.

(7) the methodology for calculating any refund of the unearned purchase price of the GAP waiver due in the event of cancellation of the GAP waiver or early termination of the finance agreement; and

(8) that the extension of credit, the terms of the credit, or the terms of the related motor vehicle sale or lease may not be conditioned upon the purchase of the GAP waiver.
Mont. Code Ann. § 30-12A-102 — MT Code / Title 30 / Chapter 12A / Part 1 / Section 30-12A-102
30-12A-102 Definitions
Status: in_force

30-12A-102 . Definitions. (1) As used in this part, the following definitions apply:

(a) (i) "Controllable electronic record" means a record stored in an electronic medium that can be subjected to control under 30-12A-105 .

(ii) The term does not include a controllable account, a controllable payment intangible, a deposit account, an electronic copy of a record evidencing chattel paper, an electronic document of title, investment property, a transferable record, or an electronic record that is currently authorized or adopted by a domestic or foreign government and is not a medium of exchange that was recorded and transferable in a system that existed and operated for the medium of exchange before the medium of exchange was authorized or adopted by a government.

(b) "Qualifying purchaser" means a purchaser of a controllable electronic record or an interest in a controllable electronic record that obtains control of the controllable electronic record for value, in good faith, and without notice of a claim of a property right in the controllable electronic record.

(c) "Transferable record" has the meaning provided for that term in:

(i) Section 201(a)(1) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7021(a)(1); or

(ii) 30-18-115 (1).

(d) "Value" has the meaning provided in 30-3-303 (1), as if references in that subsection to an "instrument" were references to a controllable account, controllable electronic record, or controllable payment intangible.

(2) The definitions in Title 30, chapter 9A, of "account debtor", "controllable account", "controllable payment intangible", "chattel paper", "deposit account", and "investment property" apply to this part.

(3) Title 30, chapter 1, contains general definitions and principles of construction and interpretation applicable throughout this part.
Mont. Code Ann. § 30-7-303 — MT Code / Title 30 / Chapter 7 / Part 3 / Section 30-7-303
30-7-303 Diversion -- reconsignment -- change of instructions
Status: in_force

30-7-303 . Diversion -- reconsignment -- change of instructions. (1) Unless the bill of lading otherwise provides, a carrier may deliver the goods to a person or destination other than that stated in the bill or may otherwise dispose of the goods, without liability for misdelivery, on instructions from:

(a) the holder of a negotiable bill; or

(b) the consignor on a nonnegotiable bill even if the consignee has given contrary instructions; or

(c) the consignee on a nonnegotiable bill in the absence of contrary instructions from the consignor, if the goods have arrived at the billed destination or if the consignee is in possession of the tangible bill or in control of the electronic bill; or

(d) the consignee on a nonnegotiable bill, if the consignee is entitled as against the consignor to dispose of the goods.

(2) Unless instructions described in subsection (1) are included in a negotiable bill of lading, a person to which the bill is duly negotiated may hold the bailee according to the original terms.
Mont. Code Ann. § 30-18-108 — MT Code / Title 30 / Chapter 18 / Part 1 / Section 30-18-108
30-18-108 Attribution and effect of electronic record and electronic signature
Status: in_force

30-18-108 . Attribution and effect of electronic record and electronic signature. (1) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.

(2) The effect of an electronic record or electronic signature attributed to a person under subsection (1) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
Mont. Code Ann. § 30-24-108 — MT Code / Title 30 / Chapter 24 / Part 1 / Section 30-24-108
30-24-108 Transition from foreign entity to Montana entity for network token issuers
Status: in_force

30-24-108 . Transition from foreign entity to Montana entity for network token issuers. A foreign corporation that has previously issued network tokens may be granted an exemption under 30-10-105 if, prior to the offer or sale of tokens, the foreign corporation completes the following:

(1) registers with the secretary of state as provided in 35-2-820 through 35-2-830 ;

(2) meets all obligations under 30-24-107 ;

(3) provides the commissioner with all relevant governing documents related to incorporation in the foreign corporation's country;

(4) provides proof that the foreign corporation is not under investigation for securities fraud or has not been convicted of securities fraud in any other jurisdiction; and

(5) provides other information the commissioner considers relevant to the exemption request.
Mont. Code Ann. § 30-14-114 — MT Code / Title 30 / Chapter 14 / Part 1 / Section 30-14-114
30-14-114 Department authority
Status: in_force

30-14-114 . Department authority. To accomplish the objectives and to carry out the duties prescribed by this part, the department, in addition to other powers conferred upon it by this part, may issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investigation or inquiry, prescribe forms, and adopt rules as may be necessary that have the force of law. However, the powers conferred by this part may not be used for the purpose of compelling any natural person to furnish testimony or evidence that might tend to incriminate the person or subject the person to a penalty or forfeiture. Information obtained pursuant to the powers conferred by this part may not be made public or disclosed by the department or its employees beyond the extent necessary for law enforcement purposes in the public interest.
Mont. Code Ann. § 30-8-511 — MT Code / Title 30 / Chapter 8 / Part 5 / Section 30-8-511
30-8-511 Priority among security interests and entitlement holders
Status: in_force

30-8-511 . Priority among security interests and entitlement holders. (1) Except as otherwise provided in subsections (2) and (3), if a securities intermediary does not have sufficient interests in a particular financial asset to satisfy both its obligations to entitlement holders who have security entitlements to that financial asset and its obligation to a creditor of the securities intermediary who has a security interest in that financial asset, the claims of entitlement holders, other than the creditor, have priority over the claim of the creditor.

(2) A claim of a creditor of a securities intermediary who has a security interest in a financial asset held by a securities intermediary has priority over claims of the securities intermediary's entitlement holders who have security entitlements with respect to that financial asset if the creditor has control over the financial asset.

(3) If a clearing corporation does not have sufficient financial assets to satisfy both its obligations to entitlement holders who have security entitlements with respect to a financial asset and its obligation to a creditor of the clearing corporation who has a security interest in that financial asset, the claim of the creditor has priority over the claims of entitlement holders.
Mont. Code Ann. § 30-4-210 — MT Code / Title 30 / Chapter 4 / Part 2 / Section 30-4-210
30-4-210 Presentment by notice of item not payable by, through, or at a bank -- liability of secondary parties
Status: in_force

30-4-210 . Presentment by notice of item not payable by, through, or at a bank -- liability of secondary parties. (1) Unless otherwise instructed, a collecting bank may present an item not payable by, through, or at a bank by sending to the party to accept or pay a written notice that the bank holds the item for acceptance or payment. The notice must be sent in time to be received on or before the day when presentment is due and the bank must meet any requirement of the party to accept or pay under 30-3-504 by the close of the bank's next banking day after it knows of the requirement.

(2) If presentment is made by notice and neither payment, acceptance, nor request for compliance with a requirement under 30-3-504 is received by the close of business on the day after maturity or in the case of demand items by the close of business on the third banking day after notice was sent, the presenting bank may treat the item as dishonored and charge any secondary party by sending it notice of the facts.
Mont. Code Ann. § 30-14-1201 — MT Code / Title 30 / Chapter 14 / Part 12 / Section 30-14-1201
30-14-1201 Short title
Status: in_force

30-14-1201 . Short title. This part may be known as the "Montana Wheelchair Warranty Act".
Mont. Code Ann. § 30-2-502 — MT Code / Title 30 / Chapter 2 / Part 5 / Section 30-2-502
30-2-502 Buyer's right to goods on seller's insolvency
Status: in_force

30-2-502 . Buyer's right to goods on seller's insolvency. (1) Subject to subsections (2) and (3) and even though the goods have not been shipped a buyer who has paid a part or all of the price of goods in which the buyer has a special property under the provisions of the immediately preceding section may on making and keeping good a tender of any unpaid portion of their price recover them from the seller if:

(a) in the case of goods bought for personal, family, or household purposes, the seller repudiates or fails to deliver as required by the contract; or

(b) in other cases, the seller becomes insolvent within 10 days after receipt of the first installment on their price.

(2) The buyer's right to recover the goods under subsection (1)(a) vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.

(3) If the identification creating the buyer's special property has been made by the buyer, the buyer acquires the right to recover the goods only if they conform to the contract for sale.
Mont. Code Ann. § 30-1-107 — MT Code / Title 30 / Chapter 1 / Part 1 / Section 30-1-107
30-1-107 Waiver or renunciation of claim or right after breach
Status: in_force

30-1-107 . Waiver or renunciation of claim or right after breach. A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in a signed record.
Mont. Code Ann. § 30-2-322 — MT Code / Title 30 / Chapter 2 / Part 3 / Section 30-2-322
30-2-322 Delivery "ex-ship"
Status: in_force

30-2-322 . Delivery "ex-ship". (1) Unless otherwise agreed a term for delivery of goods "ex-ship" (which means from the carrying vessel) or in equivalent language is not restricted to a particular ship and requires delivery from a ship which has reached a place at the named port of destination where goods of the kind are usually discharged.

(2) Under such a term unless otherwise agreed:

(a) the seller must discharge all liens arising out of the carriage and furnish the buyer with a direction which puts the carrier under a duty to deliver the goods; and

(b) the risk of loss does not pass to the buyer until the goods leave the ship's tackle or are otherwise properly unloaded.
Mont. Code Ann. § 30-2-321 — MT Code / Title 30 / Chapter 2 / Part 3 / Section 30-2-321
30-2-321 C.I.F. or C.&F. -- "net landed weights" -- "payment on arrival" -- warranty of condition on arrival
Status: in_force

30-2-321 . C.I.F. or C.&F. -- "net landed weights" -- "payment on arrival" -- warranty of condition on arrival. Under a contract containing a term C.I.F. or C.&F.:

(1) Where the price is based on or is to be adjusted according to "net landed weights", "delivered weights", "out turn" quantity or quality or the like, unless otherwise agreed the seller must reasonably estimate the price. The payment due on tender of the documents called for by the contract is the amount so estimated, but after final adjustment of the price a settlement must be made with commercial promptness.

(2) An agreement described in subsection (1) or any warranty of quality or condition of the goods on arrival places upon the seller the risk of ordinary deterioration, shrinkage and the like in transportation but has no effect on the place or time of identification to the contract for sale or delivery or on the passing of the risk of loss.

(3) Unless otherwise agreed where the contract provides for payment on or after arrival of the goods the seller must before payment allow such preliminary inspection as is feasible; but if the goods are lost delivery of the documents and payment are due when the goods should have arrived.
Mont. Code Ann. § 30-12-602 — MT Code / Title 30 / Chapter 12 / Part 6 / Section 30-12-602
30-12-602 Limitation
Status: in_force

30-12-602 . Limitation. The provisions of 30-12-601 do not vitiate or affect any account, charge, or entry originally made or any note, bond, or other instrument expressed in any other money of account; but the same must be reduced to dollars and cents in any action.
Mont. Code Ann. § 30-2-704 — MT Code / Title 30 / Chapter 2 / Part 7 / Section 30-2-704
30-2-704 Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods
Status: in_force

30-2-704 . Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods. (1) An aggrieved seller under the preceding section may:

(a) identify to the contract conforming goods not already identified if at the time the seller learned of the breach they are in the seller's possession or control;

(b) treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished.

(2) Where the goods are unfinished an aggrieved seller may in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization either complete the manufacture and wholly identify the goods to the contract or cease manufacture and resell for scrap or salvage value or proceed in any other reasonable manner.
Mont. Code Ann. § 30-4A-302 — MT Code / Title 30 / Chapter 4A / Part 3 / Section 30-4A-302
30-4A-302 Obligations of receiving bank in execution of payment order
Status: in_force

30-4A-302 . Obligations of receiving bank in execution of payment order. (1) Except as provided in subsections (2) through (4), if the receiving bank accepts a payment order pursuant to 30-4A-209 (1), the bank has the following obligations in executing the order:

(a) (i) The receiving bank is obliged to issue, on the execution date, a payment order complying with the sender's order and to follow the sender's instructions concerning:

(A) any intermediary bank or funds-transfer system to be used in carrying out the funds transfer; or

(B) the means by which payment orders are to be transmitted in the funds transfer.

(ii) If the originator's bank issues a payment order to an intermediary bank, the originator's bank is obliged to instruct the intermediary bank according to the instruction of the originator. An intermediary bank in the funds transfer is similarly bound by an instruction given to it by the sender of the payment order it accepts.

(b) If the sender's instruction states that the funds transfer is to be carried out telephonically or by wire transfer or otherwise indicates that the funds transfer is to be carried out by the most expeditious means, the receiving bank is obliged to transmit its payment order by the most expeditious available means and to instruct any intermediary bank accordingly. If a sender's instruction states a payment date, the receiving bank is obliged to transmit its payment order at a time and by means reasonably necessary to allow payment to the beneficiary on the payment date or as soon thereafter as is feasible.

(2) Unless otherwise instructed, a receiving bank executing a payment order may use any funds-transfer system if use of that system is reasonable in the circumstances and issue a payment order to the beneficiary's bank or to an intermediary bank through which a payment order conforming to the sender's order can expeditiously be issued to the beneficiary's bank if the receiving bank exercises ordinary care in the selection of the intermediary bank. A receiving bank is not required to follow an instruction of the sender designating a funds-transfer system to be used in carrying out the funds transfer if the receiving bank, in good faith, determines that it is not feasible to follow the instruction or that following the instruction would unduly delay completion of the funds transfer.

(3) Unless subsection (1)(b) applies or the receiving bank is otherwise instructed, the bank may execute a payment order by transmitting its payment order by first class mail or by any means reasonable in the circumstances. If the receiving bank is instructed to execute the sender's order by transmitting its payment order by a particular means, the receiving bank may issue its payment order by the means stated or by any means as expeditious as the means stated.

(4) Unless instructed by the sender:

(a) the receiving bank may not obtain payment of its charges for services and expenses in connection with the execution of the sender's order by issuing a payment order in an amount equal to the amount of the sender's order less the amount of the charges; and

(b) may not instruct a subsequent receiving bank to obtain payment of its charges in the same manner.
Mont. Code Ann. § 30-14-1113 — MT Code / Title 30 / Chapter 14 / Part 11 / Section 30-14-1113
30-14-1113 Remedies cumulative -- waiver void
Status: in_force

30-14-1113 . Remedies cumulative -- waiver void. (1) Nothing in this part precludes a consumer from making any claim or raising any defense that would have been available to the consumer if this part were not in effect.

(2) A consumer may not waive the rights provided by this part, and any such waiver is void.
Mont. Code Ann. § 30-9A-306A — MT Code / Title 30 / Chapter 9A / Part 3 / Section 30-9A-306A
30-9A-306A Laws governing perfection and priority of security interests in chattel paper
Status: in_force

30-9A-306A . Laws governing perfection and priority of security interests in chattel paper. (1) Except as provided in subsection (4), if chattel paper is evidenced only by an authoritative electronic copy of the chattel paper or is evidenced by an authoritative electronic copy and an authoritative tangible copy, the local law of the chattel paper's jurisdiction governs perfection, the effect of perfection or nonperfection, and the priority of a security interest in the chattel paper, even if the transaction does not bear any relation to the chattel paper's jurisdiction.

(2) The following rules determine the chattel paper's jurisdiction under this section:

(a) If the authoritative electronic copy of the record evidencing chattel paper, or a record attached to or logically associated with the electronic copy and readily available for review, expressly provides that a particular jurisdiction is the chattel paper's jurisdiction for purposes of this part, this chapter, or this code, that jurisdiction is the chattel paper's jurisdiction.

(b) If subsection (2)(a) does not apply and the rules of the system in which the authoritative electronic copy is recorded are readily available for review and expressly provide that a particular jurisdiction is the chattel paper's jurisdiction for purposes of this part, this chapter, or this code, that jurisdiction is the chattel paper's jurisdiction.

(c) If subsections (2)(a) and (2)(b) do not apply and the authoritative electronic copy, or a record attached to or logically associated with the electronic copy and readily available for review, expressly provides that the chattel paper is governed by the law of a particular jurisdiction, that jurisdiction is the chattel paper's jurisdiction.

(d) If subsections (2)(a), (2)(b), and (2)(c) do not apply and the rules of the system in which the authoritative electronic copy is recorded are readily available for review and expressly provide that the chattel paper or the system is governed by the law of a particular jurisdiction, that jurisdiction is the chattel paper's jurisdiction.

(e) If subsections (2)(a) through (2)(d) do not apply, the chattel paper's jurisdiction is the jurisdiction in which the debtor is located.

(3) If an authoritative tangible copy of a record evidences chattel paper and the chattel paper is not evidenced by an authoritative electronic copy, while the authoritative tangible copy of the record evidencing chattel paper is located in a jurisdiction, the local law of that jurisdiction governs:

(a) perfection of a security interest in the chattel paper by possession under 30-9A-313 ; and

(b) the effect of perfection or nonperfection and the priority of a security interest in the chattel paper.

(4) The local law of the jurisdiction in which the debtor is located governs perfection of a security interest in chattel paper by filing.
Mont. Code Ann. § 30-7-404 — MT Code / Title 30 / Chapter 7 / Part 4 / Section 30-7-404
30-7-404 No liability for good faith delivery pursuant to document of title
Status: in_force

30-7-404 . No liability for good faith delivery pursuant to document of title. A bailee that in good faith has received goods and delivered or otherwise disposed of the goods according to the terms of the document of title or pursuant to this chapter is not liable for the goods even if:

(1) the person from whom the bailee received the goods did not have authority to procure the document or to dispose of the goods; or

(2) the person to which the bailee delivered the goods did not have authority to receive the goods.
Mont. Code Ann. § 30-12A-103 — MT Code / Title 30 / Chapter 12A / Part 1 / Section 30-12A-103
30-12A-103 Relation to Title 30, chapter 9A, and consumer laws
Status: in_force

30-12A-103 . Relation to Title 30, chapter 9A, and consumer laws. (1) If there is conflict between Title 30, chapter 9A, and this part, Title 30, chapter 9A, governs.

(2) A transaction subject to this part is subject to any applicable rule of law that establishes a different rule for consumers, Title 30, chapter 14, part 1, Title 31, chapter 1, and Title 32, chapter 6, part 1.
Mont. Code Ann. § 30-14-402 — MT Code / Title 30 / Chapter 14 / Part 4 / Section 30-14-402
30-14-402 Definitions
Status: in_force

30-14-402 . Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.

(2) "Misappropriation" means:

(a) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or

(b) disclosure or use of a trade secret of another without express or implied consent by a person who:

(i) used improper means to acquire knowledge of the trade secret;

(ii) at the time of disclosure or use, knew or had reason to know that the person's knowledge of the trade secret was:

(A) derived from or through a person who had used improper means to acquire it;

(B) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or

(C) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or

(iii) before a material change of the person's position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.

(3) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.

(4) "Trade secret" means information or computer software, including a formula, pattern, compilation, program, device, method, technique, or process, that:

(a) derives independent economic value, actual or potential, from not being generally known to and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; and

(b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Mont. Code Ann. § 30-14-1736 — MT Code / Title 30 / Chapter 14 / Part 17 / Section 30-14-1736
30-14-1736 Violations -- penalties
Status: in_force

30-14-1736 . Violations -- penalties. (1) A person who willfully fails to comply with any requirements imposed in 30-14-1727 through 30-14-1735 with respect to a consumer is liable to that consumer in an amount equal to the sum of:

(a) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or

(b) punitive damages in an amount that the court may allow; and

(c) the costs of the action together with reasonable attorney fees as determined by the court in the case of a successful action to enforce liability under this section.

(2) A person who obtains a credit report or requests a security freeze, the temporary lifting of a security freeze, or the removal of a security freeze from a consumer reporting agency under false pretenses or in an attempt to violate federal or state law is liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.

(3) A person who negligently fails to comply with any requirement imposed in 30-14-1727 through 30-14-1735 with respect to any consumer is liable to that consumer in an amount equal to the sum of:

(a) any actual damages sustained by the consumer as a result of the failure; and

(b) the costs of the action together with reasonable attorney fees as determined by the court in the case of a successful action to enforce liability under this section.

(4) If a court finds that an unsuccessful pleading, motion, or other paper filed under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party reasonable attorney fees as determined by the court.
Mont. Code Ann. § 30-11-217 — MT Code / Title 30 / Chapter 11 / Part 2 / Section 30-11-217
30-11-217 Warranty when thing cannot be examined by buyer
Status: in_force

30-11-217 . Warranty when thing cannot be examined by buyer. One who sells or agrees to sell merchandise inaccessible to the examination of the buyer thereby warrants that it is sound and merchantable.
Mont. Code Ann. § 30-3-307 — MT Code / Title 30 / Chapter 3 / Part 3 / Section 30-3-307
30-3-307 Proof of signatures and status as holder in due course
Status: in_force

30-3-307 . Proof of signatures and status as holder in due course. (1) In an action with respect to an instrument, the authenticity of and authority to make each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person pursuant to 30-3-403 (1).

(2) If the validity of signatures is admitted or proved and there is compliance with subsection (1), a plaintiff producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under 30-3-301 , unless the defendant proves a defense or claim in recoupment. If a defense or claim in recoupment is proved, the right to payment of the plaintiff is subject to the defense or claim except to the extent the plaintiff proves that the plaintiff has rights of a holder in due course that are not subject to the defense or claim.
Mont. Code Ann. § 30-11-212 — MT Code / Title 30 / Chapter 11 / Part 2 / Section 30-11-212
30-11-212 Warranty on sale by sample
Status: in_force

30-11-212 . Warranty on sale by sample. One who sells or agrees to sell goods by sample thereby warrants the bulk to be equal to the sample.
Mont. Code Ann. § 30-9A-709 — MT Code / Title 30 / Chapter 9A / Part 7 / Section 30-9A-709
30-9A-709 Priority
Status: in_force

30-9A-709 . Priority. (1) Former chapter 9 determines the priority of conflicting claims to collateral if the relative priorities of the parties were fixed before July 1, 2001. In other cases, this chapter determines priority.

(2) For purposes of 30-9A-322 (1), the priority of a security interest that becomes a perfected security interest under 30-9A-706 dates from the time the applicable requirements for perfection are satisfied. This subsection does not apply to conflicting security interests each of which becomes a perfected security interest under 30-9A-706 .
Mont. Code Ann. § 30-25-201 — MT Code / Title 30 / Chapter 25 / Part 2 / Section 30-25-201
30-25-201 Definitions
Status: in_force

30-25-201 . Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Child sexual abuse material" means child pornography as defined in 18 U.S.C. 2256.

(2) (a) "Content provider" means any person or entity that is responsible, in whole or in part, for the active creation, production, publication, distribution, or storage of content provided through the internet or any other interactive computer service. The term includes but is not limited to a website and social media platform as defined in 42 U.S.C. 1862w(a)(2).

(b) The term does not include a portion of business activity that solely provides:

(i) hosting services to third parties, which includes server hosting, database hosting, application hosting, e-mail hosting, container hosting, data warehouse hosting, or cloud computing providers;

(ii) a general use browser that retrieves and displays information from an interactive computer service without regard for the substance of the information;

(iii) an internet services provider as defined in 2-17-602 ;

(iv) ownership, maintenance, or operation of physical internet infrastructure, which includes but is not limited to fiber optic lines, routers, satellites, and cell towers; or

(v) a search engine.

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

(4) "Hyperlink" means the representation using numbers, letters, and symbols of an internet address in a form that an internet browser application can recognize as an internet address.

(5) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.

(6) "Private person" means any person other than an officer or employee of a state or local government entity in this state.

(7) "Reasonably accessible" means that a person may obtain access by utilizing reasonably available retail technology services, regardless of the general policies or practices of the content provider or interactive computer service.

(8) "Search engine" means technology and systems that use algorithms to sift through and index as third-party websites and content on the internet in response to search queries entered by a user.

(9) "Sexually explicit" means involving actual or simulated:

(a) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;

(b) bestiality;

(c) masturbation;

(d) sadistic or masochistic abuse; or

(e) lascivious exhibition of the anus, genitals, or pubic area of any person.

(10) "Substantial amount" means an amount equal to or greater than 30% of the total visual content created, produced, published, distributed, maintained, or otherwise managed by the content provider.

(11) "Victim" means a person who is depicted in child sexual abuse material and, at the time the person is depicted in the child sexual abuse material, is a minor.
Mont. Code Ann. § 30-10-1110 — MT Code / Title 30 / Chapter 10 / Part 11 / Section 30-10-1110
30-10-1110 Disqualification from award
Status: in_force

30-10-1110 . Disqualification from award. The commissioner may not provide an award to a whistleblower under this section if the whistleblower:

(1) is convicted of a felony in connection with the administrative or judicial action for which the whistleblower otherwise could receive an award;

(2) acquires the original information through the performance of an audit of financial statements required under the securities laws and for whom providing the original information violates 15 U.S.C. 78j-1;

(3) fails to submit information to the commissioner in the form that the commissioner may prescribe;

(4) knowingly makes a false, fictitious, or fraudulent statement or misrepresentation as part of, or in connection with, the original information provided or the administrative or judicial action for which the original information was provided;

(5) in the whistleblower's submission, its other dealings with the commissioner, or in its dealings with another authority in connection with a related action, knowingly makes any false, fictitious, or fraudulent statement or representation, or uses any false writing or document knowing that it contains any false, fictitious, or fraudulent statement or entry with intent to mislead or otherwise hinder the commissioner or another authority in connection with a related action;

(6) knowingly provides original information that is false, fictitious, or fraudulent;

(7) has a legal duty to report the original information to the commissioner;

(8) is, or was at the time the whistleblower acquired the original information submitted to the commissioner, a member, officer, or employee of the office of the state auditor, the United States securities and exchange commission, any securities regulatory authority of another state, a self-regulatory organization, the public company accounting oversight board, or any law enforcement organization;

(9) is, or was at the time the whistleblower acquired the original information submitted to the commissioner, a member, officer, or employee of a foreign government, of any political subdivision, department, agency, or instrumentality of a foreign government, or of any other foreign financial regulatory authority as that term is defined in 15 U.S.C. 78c(a)(52);

(10) is the spouse, parent, child, or sibling of the commissioner or an employee of the office of the state auditor or resides in the same household as the commissioner or an employee of the office of the state auditor; or

(11) directly or indirectly acquires the original information provided to the commissioner from a person:

(a) who is subject to subsection (2), unless the information is not excluded from that person's use, or provides the commissioner with information about possible violations involving that person;

(b) who is a person described in subsection (8), (9), or (10); or

(c) with the intent to evade any provision of this part.
Mont. Code Ann. § 30-5-123 — MT Code / Title 30 / Chapter 5 / Part 1 / Section 30-5-123
30-5-123 Scope
Status: in_force

30-5-123 . Scope. (1) This chapter applies to letters of credit and to certain rights and obligations arising out of transactions involving letters of credit.

(2) The statement of a rule in this chapter does not by itself require, imply, or negate application of the same or a different rule to a situation not provided for, or to a person not specified, in this chapter.

(3) With the exception of this subsection, subsections (1) and (4), 30-5-122 (1)(i) and (1)(j), 30-5-126 (4), and 30-5-134 (4), and except to the extent prohibited in 30-5-137 (4), the effect of this chapter may be varied by agreement or by a provision stated or incorporated by reference in an undertaking. A term in an agreement or undertaking generally excusing liability or generally limiting remedies for failure to perform obligations is not sufficient to vary obligations prescribed by this chapter.

(4) Rights and obligations of an issuer to a beneficiary or a nominated person under a letter of credit are independent of the existence, performance, or nonperformance of a contract or arrangement out of which the letter of credit arises or which underlies it, including contracts or arrangements between the issuer and the applicant and between the applicant and the beneficiary.
Mont. Code Ann. § 30-13-211 — MT Code / Title 30 / Chapter 13 / Part 2 / Section 30-13-211
30-13-211 Reservation of proposed assumed business name
Status: reserved

30-13-211 . Reservation of proposed assumed business name. Any authorized person who has not commenced business but intends to commence business may reserve an assumed business name that is not in conflict with the provisions of 30-13-202 for a term of 120 days by delivering to the secretary of state, on forms furnished by the secretary of state, an application for reservation of an assumed business name, including but not limited to the following information:

(1) the complete assumed business name to be reserved;

(2) the name and address, including street name and number, if any, of the applicant;

(3) the date the applicant intends to commence business; and

(4) a description of business the applicant intends to transact.
Mont. Code Ann. § 30-14-2817 — MT Code / Title 30 / Chapter 14 / Part 28 / Section 30-14-2817
30-14-2817 Enforcement
Status: in_force

30-14-2817 . Enforcement. (1) The attorney general has exclusive authority and may use the duties and powers provided by Title 30, chapter 14, parts 1 and 2, to enforce violations pursuant to this part.

(2) The attorney general shall post on the attorney general's website:

(a) information relating to:

(i) the responsibilities of a controller pursuant to this part;

(ii) the responsibilities of a processor pursuant to this part; and

(iii) a consumer's rights pursuant to this part; and

(b) an online mechanism through which a consumer may submit a complaint regarding consumer data privacy to the attorney general.

(3) (a) If the attorney general has reasonable cause to believe that a person has engaged in or is engaging in a violation of this part, the attorney general may issue a civil investigative demand pursuant to 30-14-113 .

(b) As part of a civil investigative demand, the attorney general may request that a controller disclose any data protection assessment that is relevant to an investigation conducted by the attorney general. The attorney general may evaluate the data protection assessment for compliance with the requirements pursuant to this part.

(4) Actions brought by the department to enforce this part are subject to the statute of limitations pursuant to 27-2-231 .

(5) Nothing in this part may be construed as providing the basis for or be subject to a private right of action for violations of this part or any other law.
Mont. Code Ann. § 30-14-111 — MT Code / Title 30 / Chapter 14 / Part 1 / Section 30-14-111
30-14-111 Department to restrain unlawful acts
Status: in_force

30-14-111 . Department to restrain unlawful acts. (1) Whenever the department has reason to believe that a person is using, has used, or is about to knowingly use any method, act, or practice declared by 30-14-103 to be unlawful and that proceeding would be in the public interest, the department may bring an action in the name of the state against the person to restrain by temporary or permanent injunction or temporary restraining order the use of the unlawful method, act, or practice upon giving appropriate notice to that person. The department may bring an action within 5 years on discovery of the method, act, or practice that is declared unlawful by 30-14-103 .

(2) The notice must state generally the relief sought and be served in accordance with 30-14-115 at least 20 days before the hearing of the action in which the relief sought is a temporary or permanent injunction. The notice for a temporary restraining order is governed by 27-19-315 .

(3) An action under this section may be brought in the district court in the county in which a person resides or has the person's principal place of business or in the district court of Lewis and Clark County if the person is not a resident of this state or does not maintain a place of business in this state.

(4) A district court is authorized to issue temporary or permanent injunctions or temporary restraining orders to restrain and prevent violations of this part, and an injunction must be issued without bond.
Mont. Code Ann. § 30-14-1726 — MT Code / Title 30 / Chapter 14 / Part 17 / Section 30-14-1726
30-14-1726 Definitions
Status: in_force

30-14-1726 . Definitions. As used in 30-14-1726 through 30-14-1736 , the following definitions apply:

(1) "Consumer" means an individual, a parent or guardian in the case of a minor or of an incapacitated person as defined in 72-5-101 , or a conservator in the case of a protected person as defined in 72-5-101 .

(2) "Consumer reporting agency" means any person that, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information on consumers for the purpose of furnishing credit reports to a third party and that uses any means or facility of interstate commerce for the purpose of preparing or furnishing credit reports.

(3) "Credit report" means any written, oral, or other communication of any information by a consumer reporting agency:

(a) bearing on a consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living; and

(b) that is used or expected to be used in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for:

(i) credit to be used primarily for personal, family, or household purposes;

(ii) employment purposes; or

(iii) any other purpose authorized under 15 U.S.C. 1681(b).

(4) "Person" means an individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.

(5) "Proper identification" means information sufficient to verify identity.

(6) "Reviewing the account" or "account review" includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.

(7) (a) "Security freeze" means a notice that:

(i) is placed in a consumer's credit report at the request of the consumer;

(ii) is subject to exceptions and exemptions provided in 30-14-1734 ;

(iii) prohibits the consumer reporting agency from releasing all or any part of the consumer's credit report or credit score without the express authorization of the consumer, as provided in 30-14-1729 .

(b) A security freeze does not prevent a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the consumer's credit report.
Mont. Code Ann. § 30-8-508 — MT Code / Title 30 / Chapter 8 / Part 5 / Section 30-8-508
30-8-508 Duty of securities intermediary to change entitlement holder's position to other form of security holding
Status: in_force

30-8-508 . Duty of securities intermediary to change entitlement holder's position to other form of security holding. A securities intermediary shall act at the direction of an entitlement holder to change a security entitlement into another available form of holding for which the entitlement holder is eligible, or to cause the financial asset to be transferred to a securities account of the entitlement holder with another securities intermediary. A securities intermediary satisfies the duty if:

(1) the securities intermediary acts as agreed upon by the entitlement holder and the securities intermediary; or

(2) in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to follow the direction of the entitlement holder.
Mont. Code Ann. § 30-11-101 — MT Code / Title 30 / Chapter 11 / Part 1 / Section 30-11-101
30-11-101 Sale defined
Status: in_force

30-11-101 . Sale defined. Sale is a contract by which, for a pecuniary consideration called a price, one transfers to another an interest in property.
Mont. Code Ann. § 30-14-2004 — MT Code / Title 30 / Chapter 14 / Part 20 / Section 30-14-2004
30-14-2004 Requirements for licensure -- fees -- rulemaking authority -- refusal to grant license -- suspension or revocation of license -- rules
Status: in_force

30-14-2004 . Requirements for licensure -- fees -- rulemaking authority -- refusal to grant license -- suspension or revocation of license -- rules. (1) A credit counseling service may not provide or offer to provide debt management plans or other consumer credit counseling services to the consumers of this state without first being licensed by the department.

(2) In order to obtain a license or annually renew a license, an applicant shall pay the required license fee as established by the department by rule. The fee must be in an amount commensurate with the cost of administering this part, and the applicant shall provide evidence:

(a) that it maintains a trust account for handling consumer funds;

(b) (i) that it has been accredited by a bona fide third-party accreditation provider that ensures compliance with industry standards and best practices; and

(ii) that its credit counselors have been certified by a bona fide third-party certification provider as possessing the competence to provide consumer credit counseling services;

(c) that a majority of its owners, principals, officers, board of directors, or employees are not persons who have a conflict of interest with the applicant's mission. Persons with a conflict of interest include creditors, creditors' representatives, bankruptcy attorneys, and other persons having a direct stake in the outcome of the consumer credit counseling process.

(d) that it has obtained a surety bond for the benefit of consumers harmed by a violation of the provisions of this part in an amount, form, and duration as required by the department by rule, except that an applicant that does not maintain an office in this state with a credit counselor on the premises shall post a surety bond in the amount of $50,000; and

(e) that it has contracted at its own expense for annual audits by an independent certified public accountant to be conducted within 6 months of the close of each of its fiscal years.

(3) An applicant for a license or license renewal shall provide any additional information that the department requires. The department shall adopt rules to implement the provisions of this section. The department shall designate by rule acceptable third-party accreditation and certification providers for purposes of subsection (2)(b).

(4) The department may refuse to grant a license to or suspend or revoke the license of any credit counseling service that fails to comply with the provisions of subsections (1) through (3) or any rules adopted pursuant to this section.
Mont. Code Ann. § 30-9A-310 — MT Code / Title 30 / Chapter 9A / Part 3 / Section 30-9A-310
30-9A-310 When filing required to perfect security interest or agricultural lien -- security interests and agricultural liens to which filing provisions do not apply
Status: in_force

30-9A-310 . When filing required to perfect security interest or agricultural lien -- security interests and agricultural liens to which filing provisions do not apply. (1) Except as otherwise provided in 30-9A-312 (2) or subsection (2) of this section, a financing statement must be filed to perfect all security interests and agricultural liens.

(2) The filing of a financing statement is not necessary to perfect a security interest:

(a) that is perfected under 30-9A-308 (4), (5), (6), or (7);

(b) that is perfected under 30-9A-309 when it attaches;

(c) in property subject to a statute, regulation, or treaty described in 30-9A-311 (1);

(d) in goods in possession of a bailee that is perfected under 30-9A-312 (4)(a) or (4)(b);

(e) in certificated securities, documents, goods, or instruments that is perfected without filing or possession under 30-9A-312 (5), (6), or (7);

(f) in collateral in the secured party's possession under 30-9A-313 ;

(g) in a certificated security that is perfected by delivery of the security certificate to the secured party under 30-9A-313 ;

(h) in a controllable account, controllable electronic record, controllable payment intangible, deposit account, electronic document, investment property, or letter-of-credit right that is perfected by control under 30-9A-314 ;

(i) in chattel paper that is perfected by possession and control under 30-9A-314A ;

(j) in proceeds which is perfected under 30-9A-315 ; or

(k) that is perfected under 30-9A-316 .

(3) If a secured party assigns a perfected security interest or agricultural lien, a filing under this chapter is not required to continue the perfected status of the security interest against creditors of and transferees from the original debtor.
Mont. Code Ann. § 30-24-106 — MT Code / Title 30 / Chapter 24 / Part 1 / Section 30-24-106
30-24-106 Securities exemptions
Status: in_force

30-24-106 . Securities exemptions. (1) A business offering to provide staking as a service for individuals or to other businesses may not be considered as offering a security or investment contract pursuant to state securities laws.

(2) Nothing in this part may preclude the commissioner from instituting appropriate proceedings against a business or individual that falsely claims to be offering staking as a service.
Mont. Code Ann. § 30-9A-704 — MT Code / Title 30 / Chapter 9A / Part 7 / Section 30-9A-704
30-9A-704 Security interest unperfected before July 1, 2001
Status: in_force

30-9A-704 . Security interest unperfected before July 1, 2001. A security interest that is enforceable immediately before July 1, 2001, but that is subordinate to the rights of a person that becomes a lien creditor at that time:

(1) remains an enforceable security interest for 1 year after July 1, 2001;

(2) remains enforceable thereafter if the security interest becomes enforceable under 30-9A-203 on July 1, 2001, or within 1 year thereafter; and

(3) becomes perfected:

(a) without further action, on July 1, 2001, if the applicable requirements for perfection under this chapter are satisfied before or at that time; or

(b) when the applicable requirements for perfection are satisfied if the requirements are satisfied after that time.
Mont. Code Ann. § 30-10-1006 — MT Code / Title 30 / Chapter 10 / Part 10 / Section 30-10-1006
30-10-1006 Application for restitution assistance -- maximum amount of restitution assistance award
Status: in_force

30-10-1006 . (Temporary) Application for restitution assistance -- maximum amount of restitution assistance award. (1) A person who is eligible for restitution assistance under this part may submit an application, in a manner and form prescribed by the commissioner, to the department.

(2) An application must be received by the department within 2 years after the deadline for payment of restitution established in the final order.

(3) Except as provided in subsection (4), the maximum award from the fund for each claimant is the lesser of $25,000 or 25% of the amount of unpaid restitution awarded in a final order.

(4) If the claimant is a vulnerable person, the maximum award from the fund is the lesser of $50,000 or 50% of the amount of unpaid restitution awarded in the final order. (Terminates June 30, 2027--secs. 3, 4, Ch. 404, L. 2021.)
Mont. Code Ann. § 30-14-2903 — MT Code / Title 30 / Chapter 14 / Part 29 / Section 30-14-2903
30-14-2903 User consent
Status: in_force

30-14-2903 . User consent. A kill switch may be activated on stolen personally owned property with consent of the property owner.
Mont. Code Ann. § 30-3-308 — MT Code / Title 30 / Chapter 3 / Part 3 / Section 30-3-308
30-3-308 Notice of breach of fiduciary duty
Status: in_force

30-3-308 . Notice of breach of fiduciary duty. (1) This section applies if an instrument is taken from a fiduciary for payment or collection or for value, the taker has knowledge of the fiduciary status of the fiduciary, and the represented person makes a claim to the instrument or its proceeds on the basis that the transaction of the fiduciary is a breach of fiduciary duty. Notice of breach of fiduciary duty by the fiduciary is notice of the claim of the represented person. "Fiduciary" means an agent, trustee, partner, corporation officer or director, or other representative owing a fiduciary duty with respect to the instrument. "Represented person" means the principal, beneficiary, partnership, corporation, or other person to whom the duty is owed.

(2) If the instrument is payable to the fiduciary, as such, or to the represented person, the taker has notice of the breach of fiduciary duty if the instrument is:

(a) taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary;

(b) taken in a transaction known by the taker to be for the personal benefit of the fiduciary; or

(c) deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.

(3) If the instrument is made or drawn by the fiduciary, as such, payable to the fiduciary personally, the taker does not have notice of the breach of fiduciary duty unless the taker knows of the breach of fiduciary duty.

(4) If the instrument is made or drawn by or on behalf of the represented person to the taker as payee, the taker has notice of the breach of fiduciary duty if the instrument is:

(a) taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary;

(b) taken in a transaction known by the taker to be for the personal benefit of the fiduciary; or

(c) deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.
Mont. Code Ann. § 30-14-1104 — MT Code / Title 30 / Chapter 14 / Part 11 / Section 30-14-1104
30-14-1104 Scope
Status: in_force

30-14-1104 . Scope. (1) Except as provided in subsection (2), 30-14-1103 applies to any agreement in connection with a consumer contract entered into in this state between a consumer who is a resident of this state at the time of the transaction and a seller, lessor, or lender.

(2) Section 30-14-1103 does not apply to:

(a) consumer contracts in which the value of the money, property, or services bought, leased, or borrowed exceeds $50,000 at the time of the contract;

(b) consumer contracts in which securities or commodities accounts are bought, leased, or borrowed;

(c) an insurance policy or contract that is subject to the provisions of Title 33;

(d) a seller, lessor, or lender, if it is a government agency or instrumentality;

(e) the provision of public utility service under tariffs approved by the public service commission; or

(f) a transfer of real estate.

(3) The use of specific language expressly required or authorized by a court decision, state or federal statute or administrative rule, or governmental agency is not a violation of this part; nor is a legal description of real property a violation of this part.
Mont. Code Ann. § 30-12-702 — MT Code / Title 30 / Chapter 12 / Part 7 / Section 30-12-702
30-12-702 Definitions
Status: in_force

30-12-702 . Definitions. As used in this part, the following definitions apply:

(1) "Label" has the meaning provided in 50-31-103 .

(2) "Package" has the meaning provided in 50-31-103 .
Mont. Code Ann. § 30-9A-903 — MT Code / Title 30 / Chapter 9A / Part 9 / Section 30-9A-903
30-9A-903 Security interest unperfected before effective date
Status: in_force

30-9A-903 . Security interest unperfected before effective date. A security interest that is enforceable immediately before October 1, 2025, but is unperfected at that time:

(1) remains an enforceable security interest until the adjustment date;

(2) remains enforceable thereafter if the security interest becomes enforceable under 30-9A-203 , as amended by Chapter 200, Laws of 2025, on October 1, 2025, or before the adjustment date; and

(3) becomes perfected:

(a) without further action, on October 1, 2025, if the requirements for perfection under Chapter 200, Laws of 2025, are satisfied before or at that time; or

(b) when the requirements for perfection are satisfied if the requirements are satisfied after that time.
Mont. Code Ann. § 30-14-1412 — MT Code / Title 30 / Chapter 14 / Part 14 / Section 30-14-1412
30-14-1412 Abusive acts and practices
Status: in_force

30-14-1412 . Abusive acts and practices. (1) It is an abusive telemarketing act or practice and a violation of this part for any seller or telemarketer to engage in the following conduct:

(a) use threatening, intimidating, or profane or obscene language;

(b) engage any person repeatedly or continuously with behavior a reasonable person would consider annoying, abusive, or harassing;

(c) initiate a telemarketing call to a person who has stated previously, in compliance with 16 CFR 310 and 47 CFR 64.1200, that the person does not wish to receive solicitation calls from that seller or telemarketer;

(d) engage in telemarketing to a person's residence at any time other than between 8 a.m. and 9 p.m. local time at the called person's location;

(e) engage in any other conduct that would be considered abusive to any reasonable consumer; or

(f) intentionally block a person using caller identification or "*69" from accessing the seller's or telemarketer's phone number. It is not a violation of this subsection (1)(f) to provide a reasonable substitute name and number that accurately identify the entity causing the call to be made and a working telephone number at which the entity's personnel can be contacted.

(2) The department may seek injunctive or declaratory relief or any other remedy provided in Title 30, chapter 14, part 1, for any violations of this section.
Mont. Code Ann. § 30-11-705 — MT Code / Title 30 / Chapter 11 / Part 7 / Section 30-11-705
30-11-705 Reimbursement for or repurchase of signs, special equipment, and special tools
Status: in_force

30-11-705 . Reimbursement for or repurchase of signs, special equipment, and special tools. Upon the cancellation of a dealership contract, a wholesaler, manufacturer, or distributor shall, at the retailer's request, pay the retailer, or credit to the retailer's account if the retailer has outstanding any sums owing the wholesaler, manufacturer, or distributor, an amount equal to:

(1) the original cost, adjusted for the remaining useful life, of each sign owned by the retailer that bears a common name, trade name, or trademark of the wholesaler, manufacturer, or distributor, acquired from any source, because the sign was recommended or required by the wholesaler, manufacturer, or distributor;

(2) (a) the original cost, adjusted for the remaining useful life, of all special equipment and special tools purchased or leased by the retailer that were acquired from the wholesaler, manufacturer, or distributor or sources approved by the wholesaler, manufacturer, or distributor and that were recommended or required by the wholesaler, manufacturer, or distributor; or

(b) if a sign, item of special equipment, or special tool has a service agreement or if the sign, item of special equipment, or special tool is leased by the retailer, the amounts required to be paid upon termination of the service agreement or the lease under the terms of the service or lease agreement; and

(3) the cost of removing, repairing damage caused by removal, transporting, handling, packing, and loading the signs, special equipment, and special tools.
Mont. Code Ann. § 30-10-208 — MT Code / Title 30 / Chapter 10 / Part 2 / Section 30-10-208
30-10-208 Consent to service of process -- manner of service
Status: in_force

30-10-208 . Consent to service of process -- manner of service. (1) Every applicant for registration as a broker-dealer, investment adviser, salesperson, or investment adviser representative under parts 1 through 3 of this chapter and every issuer that proposes to register and offer a security in this state through any person acting on an agency basis in the common-law sense shall file with the commissioner, in a form that the commissioner prescribes, an irrevocable consent appointing the commissioner and the commissioner's successors in office to be the attorney of the applicant to receive service of any lawful process in any noncriminal suit, action, or proceeding against the applicant or the applicant's successor, executor, or administrator that arises under parts 1 through 3 of this chapter or any rule or order under parts 1 through 3 of this chapter after the consent has been filed, with the same force and validity as if served personally on the person filing the consent.

(2) Service may be made by leaving a copy of the process in the office of the commissioner, but it is not effective unless:

(a) the plaintiff, who may be the commissioner, in a suit, action, or proceeding instituted by the plaintiff, sends timely notice of the service and a copy of the process by certified or registered mail to the defendant or respondent at the defendant's or respondent's last address on file with the commissioner; and

(b) the plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within any further time that the court allows.
Mont. Code Ann. § 30-7-504 — MT Code / Title 30 / Chapter 7 / Part 5 / Section 30-7-504
30-7-504 Rights acquired in the absence of due negotiation -- effect of diversion -- stoppage of delivery
Status: in_force

30-7-504 . Rights acquired in the absence of due negotiation -- effect of diversion -- stoppage of delivery. (1) A transferee of a document of title, whether negotiable or nonnegotiable, to which the document has been delivered but not duly negotiated, acquires the title and rights that its transferor had or had actual authority to convey.

(2) In the case of a nonnegotiable document of title, until but not after the bailee receives notification of the transfer, the rights of the transferee may be defeated:

(a) by those creditors of the transferor who could treat the sale as void under 30-2-402 or 30-2A-308 ; or

(b) by a buyer from the transferor in ordinary course of business if the bailee has delivered the goods to the buyer or received notification of the buyer's rights; or

(c) as against the bailee, by good faith dealings of the bailee with the transferor.

(3) A diversion or other change of shipping instructions by the consignor in a nonnegotiable bill of lading which causes the bailee not to deliver to the consignee defeats the consignee's title to the goods if the goods have been delivered to a buyer in ordinary course of business or a lessee in ordinary course of business and in any event defeats the consignee's rights against the bailee.

(4) Delivery of goods pursuant to a nonnegotiable document may be stopped by a seller under 30-2-705 or a lessor under 30-2A-526 , subject to the requirements of due notification in those sections. A bailee honoring the seller's instructions is entitled to be indemnified by the seller against any resulting loss or expense.
Mont. Code Ann. § 30-8-214 — MT Code / Title 30 / Chapter 8 / Part 2 / Section 30-8-214
30-8-214 Effect of issuer's restriction on transfer
Status: in_force

30-8-214 . Effect of issuer's restriction on transfer. A restriction on transfer of a security imposed by the issuer, even if otherwise lawful, is ineffective against a person without knowledge of the restriction unless:

(1) the security is certificated and the restriction is noted conspicuously on the security certificate; or

(2) the security is uncertificated and the registered owner has been notified of the restriction.
Mont. Code Ann. § 30-19-116 — MT Code / Title 30 / Chapter 19 / Part 1 / Section 30-19-116
30-19-116 Enforcement -- bona fide errors
Status: in_force

30-19-116 . Enforcement -- bona fide errors. (1) Except when inconsistent with the provisions of this part, a violation of this part is a violation of Title 30, chapter 14, part 1.

(2) (a) A lessor may not be held liable for a violation of the provisions of this part if the lessor proves by a preponderance of evidence that the violation was not intentional and resulted from bona fide error despite the lessor's maintenance of procedures reasonably intended to avoid the error.

(b) (i) For the purposes of this section, a bona fide error includes but is not limited to clerical, calculation, computer malfunction, programming, and printing error.

(ii) An error of legal judgment with respect to a person's obligations under this part is not a bona fide error.
Mont. Code Ann. § 30-11-112 — MT Code / Title 30 / Chapter 11 / Part 1 / Section 30-11-112
30-11-112 Exchange defined
Status: in_force

30-11-112 . Exchange defined. Exchange is a contract by which the parties mutually give or agree to give one thing for another, neither thing nor both things being money only.
Mont. Code Ann. § 30-25-204 — MT Code / Title 30 / Chapter 25 / Part 2 / Section 30-25-204
30-25-204 Remedies available -- apportionment of damages
Status: in_force

30-25-204 . Remedies available -- apportionment of damages. (1) A plaintiff who brings an action under 30-25-203 may seek any of the following:

(a) injunctive relief;

(b) declaratory relief;

(c) compensatory damages;

(d) punitive damages;

(e) statutory damages, which are the following amounts:

(i) $100,000 for a strict violation of 30-25-202 ;

(ii) $1,000,000 for a violation of 30-25-202 that is committed negligently or recklessly; or

(iii) $5,000,000 for a violation of 30-25-202 that is committed purposely or knowingly; and

(f) reasonable attorney fees and costs incurred in bringing the action.

(2) In addition to the remedies provided in subsection (1), a victim may seek restitution.

(3) For each unique violation under 30-25-202 , a plaintiff's recovery of statutory damages is limited to one subsection under subsections (1)(e)(i) through (1)(e)(iii).

(4) In an action in which the remedies under subsection (1) are ordered:

(a) compensatory damages for each violation must be paid to the victim; and

(b) the amount of punitive and statutory damages must be apportioned for each violation as follows:

(i) in an action brought by a private plaintiff in which a victim is reasonably identified by the court, regardless of the victim's involvement as a plaintiff:

(A) 50% to a victim, or equally divided among multiple victims;

(B) 35% to a private plaintiff; and

(C) 15% to the department to be deposited into a state special revenue account to the credit of the department;

(ii) in an action brought by a victim in which there is not a nonvictim plaintiff:

(A) 80% to a victim, or equally divided among multiple victims; and

(B) 20% to the department to be deposited into a state special revenue account to the credit of the department; or

(iii) in an action brought by a private plaintiff in which no victim is reasonably identified by the court:

(A) 60% to a private plaintiff; and

(B) 40% to the department to be deposited into a state special revenue account to the credit of the department.

(5) If damages are awarded in an action described in subsection (4)(b)(iii), the combined amount of punitive and statutory damages must be reduced by 50% and the remaining amount must be apportioned as described in subsection (4)(b)(iii).
Mont. Code Ann. § 30-18-103 — MT Code / Title 30 / Chapter 18 / Part 1 / Section 30-18-103
30-18-103 Scope
Status: in_force

30-18-103 . Scope. (1) Except as otherwise provided in subsection (2), this part applies to electronic records and electronic signatures relating to a transaction.

(2) This part does not apply to a transaction to the extent it is governed by:

(a) a law governing the creation and execution of wills, codicils, or testamentary trusts;

(b) Title 30, chapter 1, other than 30-1-107 , and chapters 3 through 9A; and

(c) Title 13.

(3) This part applies to an electronic record or electronic signature otherwise excluded from the application of this part under subsection (2) to the extent it is governed by a law other than those specified in subsection (2).

(4) A transaction subject to this part is also subject to other applicable substantive law.