reglab/housing_qa huggingface dataset:
MT Code § 30-10-341 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 3. Offenses, Penalties, and Immunities|30-10-341. Third-party disclosure -- immunity

  30-10-341. Third-party disclosure -- immunity. (1) If a qualified individual, investment adviser, investment adviser representative, or salesperson reasonably believes that financial exploitation of a vulnerable person may have occurred, may have been attempted, or is being attempted, the qualified individual, investment adviser, investment adviser representative, or salesperson may notify any third party closely connected to the vulnerable person. Disclosure may not be made to a third party who is suspected of financial exploitation or other abuse of the vulnerable person.   (2) A qualified individual, investment adviser, investment adviser representative, or salesperson who, in good faith and exercising reasonable care, complies with this section is immune from administrative or civil liability that might otherwise arise from the disclosure.   History: En. Sec. 2, Ch. 84, L. 2017.
MT Code § 30-10-342 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 3. Offenses, Penalties, and Immunities|30-10-342. Delaying disbursements -- immunity

  30-10-342. Delaying disbursements -- immunity. (1) A broker-dealer or investment adviser may delay a disbursement from an account of a vulnerable person or an account on which a vulnerable person is a beneficiary if:   (a) the broker-dealer, the investment adviser, or a qualified individual reasonably believes, after initiating an internal review of the requested disbursement and the suspected financial exploitation, that the requested disbursement may result in financial exploitation of the vulnerable person; and   (b) the broker-dealer or investment adviser:   (i) not more than 2 business days after the requested disbursement, provides written notification of the delay and the reason for the delay to all parties authorized to transact business on the account, unless the party is reasonably believed to have engaged in suspected or attempted financial exploitation of the vulnerable person;   (ii) not more than 2 business days after the requested disbursement, notifies the commissioner; and   (iii) continues the internal review of the suspected or attempted financial exploitation of the vulnerable person, as necessary, and reports the investigation's results to the commissioner within 7 business days after the requested disbursement.   (2) A delay of a disbursement authorized under this section expires upon the sooner of:   (a) a determination by the broker-dealer or investment adviser that the disbursement will not result in financial exploitation of the vulnerable person; or   (b) 15 business days after the date on which the broker-dealer or investment adviser first delayed the disbursement, unless the commissioner requests that the broker-dealer or investment adviser extend the delay. If extended, the delay expires no more than 25 business days after the date on which the broker-dealer or investment adviser first delayed the disbursement, unless the delay is terminated sooner by the commissioner or by an order of a court of competent jurisdiction.   (3) A court of competent jurisdiction may enter an order extending the delay of the disbursement beyond the timeframe provided in subsection (2) or may order other protective relief based on a petition of the commissioner, the broker-dealer or investment adviser who initiated the delay under this section, or an interested party.   (4) A broker-dealer or investment adviser who, in good faith and exercising reasonable care, complies with this section is immune from administrative or civil liability that might otherwise arise from the delay in a disbursement in accordance with this section.   History: En. Sec. 3, Ch. 84, L. 2017.
MT Code § 30-10-401 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 4. Fiduciary Security Transfers (Repealed)|30-10-401. Repealed

  30-10-401. Repealed. Sec. 88, Ch. 536, L. 1997.   History: En. Sec. 11, Ch. 101, L. 1963; R.C.M. 1947, 15-662.
MT Code § 30-10-402 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 4. Fiduciary Security Transfers (Repealed)|30-10-402. Repealed

  30-10-402. Repealed. Sec. 88, Ch. 536, L. 1997.   History: En. Sec. 1, Ch. 101, L. 1963; R.C.M. 1947, 15-652.
MT Code § 30-10-403 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 4. Fiduciary Security Transfers (Repealed)|30-10-403. Repealed

  30-10-403. Repealed. Sec. 88, Ch. 536, L. 1997.   History: En. Sec. 2, Ch. 101, L. 1963; R.C.M. 1947, 15-653.
MT Code § 30-10-404 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 4. Fiduciary Security Transfers (Repealed)|30-10-404. Repealed

  30-10-404. Repealed. Sec. 88, Ch. 536, L. 1997.   History: En. Sec. 3, Ch. 101, L. 1963; R.C.M. 1947, 15-654.
MT Code § 30-10-405 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 4. Fiduciary Security Transfers (Repealed)|30-10-405. Repealed

  30-10-405. Repealed. Sec. 88, Ch. 536, L. 1997.   History: En. Sec. 4, Ch. 101, L. 1963; R.C.M. 1947, 15-655.
MT Code § 30-10-406 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 4. Fiduciary Security Transfers (Repealed)|30-10-406. Repealed

  30-10-406. Repealed. Sec. 88, Ch. 536, L. 1997.   History: En. Sec. 5, Ch. 101, L. 1963; R.C.M. 1947, 15-656.
MT Code § 30-10-407 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 4. Fiduciary Security Transfers (Repealed)|30-10-407. Repealed

  30-10-407. Repealed. Sec. 88, Ch. 536, L. 1997.   History: En. Sec. 6, Ch. 101, L. 1963; R.C.M. 1947, 15-657.
MT Code § 30-10-408 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 4. Fiduciary Security Transfers (Repealed)|30-10-408. Repealed

  30-10-408. Repealed. Sec. 88, Ch. 536, L. 1997.   History: En. Sec. 7, Ch. 101, L. 1963; R.C.M. 1947, 15-658.
MT Code § 30-10-409 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 4. Fiduciary Security Transfers (Repealed)|30-10-409. Repealed

  30-10-409. Repealed. Sec. 88, Ch. 536, L. 1997.   History: En. Sec. 8, Ch. 101, L. 1963; R.C.M. 1947, 15-659.
MT Code § 30-10-410 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 4. Fiduciary Security Transfers (Repealed)|30-10-410. Repealed

  30-10-410. Repealed. Sec. 88, Ch. 536, L. 1997.   History: En. Sec. 9, Ch. 101, L. 1963; R.C.M. 1947, 15-660.
MT Code § 30-10-411 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 4. Fiduciary Security Transfers (Repealed)|30-10-411. Repealed

  30-10-411. Repealed. Sec. 88, Ch. 536, L. 1997.   History: En. Sec. 10, Ch. 101, L. 1963; R.C.M. 1947, 15-661.
MT Code § 30-10-901 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 9. Montana Living Trust Act|30-10-901. Short title

  30-10-901. Short title. This part may be cited as the "Montana Living Trust Act".   History: En. Sec. 1, Ch. 348, L. 1997.
MT Code § 30-10-902 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 9. Montana Living Trust Act|30-10-902. Purpose

  30-10-902. Purpose. The purpose of this part is to regulate the marketing and sale of living trusts in Montana and to provide civil remedies for fraudulent and deceptive sales practices.   History: En. Sec. 2, Ch. 348, L. 1997.
MT Code § 30-10-903 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 9. Montana Living Trust Act|30-10-903. Definitions

  30-10-903. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:   (1) (a) "Living trust" means either an irrevocable or a revocable inter vivos trust.   (b) The term does not include an account with a POD designation, as defined in 72-6-201.   (2) "Offer" or "offer to sell" includes an attempt or offer to dispose of a living trust for value or a solicitation of an offer to buy a living trust for value.   (3) "Person" means an individual, corporation, partnership, association, joint-stock company, or unincorporated organization.   (4) "Sale" includes each contract of sale, contract to sell, or disposition of a living trust for value.   History: En. Sec. 3, Ch. 348, L. 1997.
MT Code § 30-10-904 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 9. Montana Living Trust Act|30-10-904. Licensure -- exemption

  30-10-904. Licensure -- exemption. (1) A person may not offer or sell a living trust in this state unless the person:   (a) is registered as an investment adviser or investment adviser representative under 30-10-201; and   (b) has applied for and been granted a license under this section.   (2) Subsection (1) does not apply to the preparation, acceptance, or discussion of a living trust for an individual client, when the preparation of the living trust is based upon the client's particular financial circumstance, by:   (a) an attorney licensed to practice law in this state;   (b) an employee of a state or national bank with trust powers or a trust corporation; or   (c) a person on behalf of an educational, charitable, or religious institution, when done in conjunction with an attorney licensed to practice law in this state.   (3) In any proceeding under this part, the burden of proving that a person preparing a living trust is excluded from the license requirement is on the person claiming the exclusion.   (4) A person may apply for a license to offer and sell living trusts by filing an application in the form that the state auditor prescribes and paying the fee required in subsection (5).   (5) The state auditor shall issue a license to offer or sell a living trust to a person who:   (a) is registered as an investment adviser or investment adviser representative under 30-10-201;   (b) correctly files an application for the license with the state auditor; and   (c) pays an application fee in the same amount as the amount paid by the person for original registration as an investment adviser or investment adviser representative.   (6) The state auditor may issue an order denying, suspending, or revoking the effectiveness of any pending application or approved license if any provision of this part or any rule, order, or condition imposed by this part has been willfully violated in connection with the offer or sale of a living trust by a person involved in the assembling, drafting, executing, offering, or selling of the living trust.   (7) The license is effective until December 31 following issuance of the license or until another date that the state auditor establishes by rule unless the license is suspended or revoked.   (8) A person may renew a license annually, prior to the termination date of the license, if the person:   (a) is registered as an investment adviser or investment adviser representative under 30-10-201; and   (b) pays a renewal fee in the same amount as the amount paid by the person for annual renewal as an investment adviser or investment adviser representative.   History: En. Sec. 4, Ch. 348, L. 1997.
MT Code § 30-10-905 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 9. Montana Living Trust Act|30-10-905. Administration

  30-10-905. Administration. (1) The administration of the provisions of this part is under the general supervision and control of the state auditor. The state auditor shall adopt forms and rules necessary to implement this part.   (2) A document is filed when it is received by the state auditor. The state auditor shall keep a register of all applications for licenses to offer and sell living trusts in this state. The register must be open for public inspection. The information contained in or filed with an application must be made available to the public.   (3) Upon request and at a reasonable charge, the state auditor shall furnish to any person photostatic or other copies, certified under the seal of office if requested, of any entry in the register or any document filed with the state auditor that is a matter of public record. In any proceeding or prosecution under this part, a certified copy is prima facie evidence of the contents of the entry or document certified.   (4) A person who has received a license to offer and sell living trusts in this state shall make and keep accounts and other records as required by the state auditor. The records are subject at any time to reasonable periodic, special, or other examination, within or outside this state, by representatives of the state auditor if necessary to protect the public interest or for the protection of consumers.   History: En. Sec. 5, Ch. 348, L. 1997.
MT Code § 30-10-906 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 9. Montana Living Trust Act|30-10-906. Scope

  30-10-906. Scope. This part applies to any person who sells or offers to sell a living trust in this state or when an offer to buy a living trust is made and accepted in this state. An offer to sell or buy is made in this state, whether or not either party is then present in this state, if the offer either originates in this state or is directed by the offeror to this state and is received at the place to which it is directed or at any post office in this state in the case of a mailed offer.   History: En. Sec. 6, Ch. 348, L. 1997.
MT Code § 30-10-907 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 9. Montana Living Trust Act|30-10-907. Fines and fees -- deposit to general fund

  30-10-907. Fines and fees -- deposit to general fund. All fines and fees received by the state auditor pursuant to this part must be deposited in the general fund. If, in any year, the fines and fees do not cover the cost of administering this part, the state auditor may increase the fees by rule to the extent necessary to cover the expected costs of administering this part for the following year.   History: En. Sec. 7, Ch. 348, L. 1997.
MT Code § 30-10-908 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 9. Montana Living Trust Act|30-10-908. Consent to service of process -- manner of service

  30-10-908. Consent to service of process -- manner of service. (1) An applicant under this part shall file with the state auditor, in the form the state auditor prescribes, an irrevocable consent appointing the state auditor as the applicant's agent for the purpose of receiving 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 this part or any rule or order adopted or issued pursuant to this part. Service on the state auditor has the same force and validity as if served personally on the applicant or the applicant's successor, executor, or administrator.   (2) Service may be made by leaving a copy of the process in the office of the state auditor, but service is not effective unless:   (a) the plaintiff sends notice of the service and a copy of the process by certified mail to the defendant or respondent at the defendant's or respondent's last address on file with the state auditor; 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 at a later date as the court allows.   History: En. Sec. 8, Ch. 348, L. 1997.
MT Code § 30-10-909 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 9. Montana Living Trust Act|30-10-909. Fraudulent and other prohibited practices

  30-10-909. Fraudulent and other prohibited practices. It is unlawful for a person, in connection with the offer or sale of any living trust, directly or indirectly, in, into, or from this state, to:   (1) employ any device, scheme, or artifice to defraud;   (2) make any untrue statement of a material fact;   (3) fail to state a material fact necessary to render any statement made not misleading; or   (4) engage in any other act, practice, or course of business that operates or would operate as a fraud or deceit upon any person.   History: En. Sec. 9, Ch. 348, L. 1997; amd. Sec. 1, Ch. 513, L. 2005.
MT Code § 30-10-910 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 9. Montana Living Trust Act|30-10-910. Misleading filings

  30-10-910. Misleading filings. It is unlawful for a person to knowingly make or cause to be made a materially false or misleading statement in any document filed with the state auditor or in any proceeding under this part.   History: En. Sec. 10, Ch. 348, L. 1997.
MT Code § 30-10-911 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 9. Montana Living Trust Act|30-10-911. Unlawful representation concerning approval of application

  30-10-911. Unlawful representation concerning approval of application. The fact that an application for a license to offer or sell living trusts has been filed or approved in this state does not constitute a finding by the state auditor that any document filed under this part is true, complete, and not misleading. The state auditor's approval of an application for a license to offer or sell a living trust may not be construed as a determination of the merits of any transaction or a recommendation of any person or transaction. It is unlawful to make or cause to be made to any prospective purchaser, customer, or client any representation inconsistent with this section.   History: En. Sec. 11, Ch. 348, L. 1997.
MT Code § 30-10-912 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 9. Montana Living Trust Act|30-10-912. Investigations and subpoenas

  30-10-912. Investigations and subpoenas. (1) The state auditor may:   (a) issue subpoenas, compel testimony, and conduct hearings as provided in Title 2, chapter 4, parts 1 and 6;   (b) make public or private investigations or examinations within or outside this state that the state auditor considers necessary to:   (i) determine whether a license to sell or offer to sell living trusts should be granted, denied, or revoked;   (ii) determine whether a person has violated or is about to violate a provision of this part or any rule or order adopted or issued pursuant to this part; or   (iii) aid in the enforcement of this part or in the prescribing of rules and forms under this part;   (c) require or permit a person to file a statement in writing, under oath or otherwise as the state auditor may determine, relating to the facts and circumstances concerning a matter to be investigated; and   (d) publish information concerning a violation of this part or any rule or order adopted or issued pursuant to this part.   (2) A person is not excused from attending a hearing or from producing a document or record before the state auditor or in obedience to a subpoena of the state auditor or any officer designated by the state auditor or pursuant to any proceeding instituted by the state auditor on the ground that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate or subject the person to a penalty or forfeiture. This section does not prohibit the state auditor from granting immunity from prosecution for any transaction, matter, or thing concerning which a witness is compelled to testify if the state auditor determines, in the state auditor's discretion, that justice would be served. Immunity may not extend to prosecution or punishment for false statements given pursuant to the subpoena.   History: En. Sec. 12, Ch. 348, L. 1997.
MT Code § 30-10-914 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 9. Montana Living Trust Act|30-10-914. Judicial review of orders

  30-10-914. Judicial review of orders. A person aggrieved by a final order of the state auditor may obtain judicial review of the order as provided in Title 2, chapter 4, part 7.   History: En. Sec. 14, Ch. 348, L. 1997.
MT Code § 30-10-915 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 9. Montana Living Trust Act|30-10-915. Civil liabilities -- limitations on actions

  30-10-915. Civil liabilities -- limitations on actions. (1) A person who offers or sells a living trust in violation of 30-10-904 or offers or sells a living trust by means of fraud or misrepresentation is liable to the person buying the living trust, who may sue either at law or in equity to recover the consideration paid for the living trust, together with interest, at 10% a year from the date of payment, costs, and reasonable attorney fees.   (2) A person who directly or indirectly controls an offeror or seller who is liable under subsection (1) or a partner, officer, director, associate, or employee of the offeror or seller who participates or materially aids in the offer or sale is liable jointly and severally with the offeror or seller if the nonseller knew or in the exercise of reasonable care should have known of the violation. Contribution may be required among liable persons.   (3) A person who has made or engaged in the performance of a contract in violation of any provision of this part or any rule or order adopted or issued pursuant to this part or who has acquired any purported right under the contract with knowledge of the violation may not base any suit on the contract. Any condition, stipulation, or provision binding a person acquiring a living trust to waive compliance with any provision of this part or any rule or order adopted pursuant to this part is void as against public policy and the public interest.   (4) (a) Except as provided in subsection (4)(b), an action may not be maintained under this section to enforce any liability founded on a violation of 30-10-904, fraud, or misrepresentation unless it is brought within 2 years after discovery of the violation or after the time the discovery should have been made by the exercise of reasonable diligence.   (b) An action may not be maintained under this section to enforce any liability unless it is brought within 5 years after the transaction on which the action is based.   History: En. Sec. 15, Ch. 348, L. 1997.
MT Code § 30-10-1001 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 10. Securities Restitution Assistance Fund|30-10-1001. Short title

  30-10-1001. (Temporary) Short title. This part may be cited as the "Securities Restitution Assistance Fund Act of Montana". (Terminates June 30, 2027--secs. 3, 4, Ch. 404, L. 2021.)  History: En. Sec. 1, Ch. 58, L. 2011.
MT Code § 30-10-1002 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 10. Securities Restitution Assistance Fund|30-10-1002. Purpose

  30-10-1002. (Temporary) Purpose. The purpose of this part is to provide restitution assistance to victims who:  (1) were awarded restitution in a final order issued by the commissioner or were awarded restitution in the final order in a legal action initiated by the commissioner; and   (2) have not received the full amount of restitution ordered before the application for restitution assistance is due. (Terminates June 30, 2027--secs. 3, 4, Ch. 404, L. 2021.)   History: En. Sec. 2, Ch. 58, L. 2011.