reglab/housing_qa huggingface dataset:
MT Code § 72-26-705 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 26. Uniform Transfers to Minors Act|Part 7. Administration by Custodian -- Liability|72-26-705. Exemption of third person from liability

  72-26-705. Exemption of third person from liability. A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:   (1) the validity of the purported custodian's designation;   (2) the propriety of or the authority under this chapter for any act of the purported custodian;   (3) the validity or propriety under this chapter of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian; or   (4) the propriety of the application of any property of the minor delivered to the purported custodian.   History: En. Sec. 18, Ch. 102, L. 1985.
MT Code § 72-26-706 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 26. Uniform Transfers to Minors Act|Part 7. Administration by Custodian -- Liability|72-26-706. Liability to third persons

  72-26-706. Liability to third persons. (1) A claim may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor when it is based on:   (a) a contract entered into by a custodian acting in a custodial capacity;   (b) an obligation arising from the ownership or control of custodial property; or   (c) a tort committed during the custodianship.   (2) A custodian is not personally liable:   (a) on a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or   (b) for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.   (3) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.   History: En. Sec. 19, Ch. 102, L. 1985.
MT Code § 72-26-802 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 26. Uniform Transfers to Minors Act|Part 8. Renunciation, Resignation, Death, or Removal of Custodian -- Accounting -- Termination -- Successor|72-26-802. Accounting by and determination of liability of custodian

  72-26-802. Accounting by and determination of liability of custodian. (1) A minor who has attained the age of 14 years, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court:   (a) for an accounting by the custodian or the custodian's legal representative; or   (b) for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under 72-26-706 to which the minor or the minor's legal representative was a party.   (2) A successor custodian may petition the court for an accounting by the predecessor custodian.   (3) The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.   (4) If a custodian is removed under 72-26-801(6), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.   History: En. Sec. 21, Ch. 102, L. 1985.
MT Code § 72-26-803 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 26. Uniform Transfers to Minors Act|Part 8. Renunciation, Resignation, Death, or Removal of Custodian -- Accounting -- Termination -- Successor|72-26-803. Termination of custodianship

  72-26-803. Termination of custodianship. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of:   (1) the minor's attainment of 21 years of age with respect to custodial property transferred under 72-26-604 or 72-26-605;   (2) the minor's attainment of 18 years of age with respect to custodial property transferred under 72-26-606 or 72-26-607; or   (3) the minor's death.   History: En. Sec. 22, Ch. 102, L. 1985.
MT Code § 72-27-101 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 27. Miscellaneous Provisions Relating to Trusts (Renumbered and Repealed)|Part 1. Charitable Trusts in Relation to Federal Tax Laws (Repealed)|72-27-101. Repealed

  72-27-101. Repealed. Sec. 220, Ch. 685, L. 1989.   History: En. 86-707 by Sec. 1, Ch. 332, L. 1974; R.C.M. 1947, 86-707(1).
MT Code § 72-27-102 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 27. Miscellaneous Provisions Relating to Trusts (Renumbered and Repealed)|Part 1. Charitable Trusts in Relation to Federal Tax Laws (Repealed)|72-27-102. Repealed

  72-27-102. Repealed. Sec. 220, Ch. 685, L. 1989.   History: En. 86-707 by Sec. 1, Ch. 332, L. 1974; R.C.M. 1947, 86-707(2).
MT Code § 72-27-201 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 27. Miscellaneous Provisions Relating to Trusts (Renumbered and Repealed)|Part 2. Prearranged Funeral Plans and Related Services -- Mandatory Trust (Renumbered)|72-27-201. Renumbered 72-37-101

  72-27-201. Renumbered 72-37-101. Code Commissioner, 1989.
MT Code § 72-27-202 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 27. Miscellaneous Provisions Relating to Trusts (Renumbered and Repealed)|Part 2. Prearranged Funeral Plans and Related Services -- Mandatory Trust (Renumbered)|72-27-202. Renumbered 72-37-102

  72-27-202. Renumbered 72-37-102. Code Commissioner, 1989.
MT Code § 72-27-203 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 27. Miscellaneous Provisions Relating to Trusts (Renumbered and Repealed)|Part 2. Prearranged Funeral Plans and Related Services -- Mandatory Trust (Renumbered)|72-27-203. Renumbered 72-37-103

  72-27-203. Renumbered 72-37-103. Code Commissioner, 1989.
MT Code § 72-27-204 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 27. Miscellaneous Provisions Relating to Trusts (Renumbered and Repealed)|Part 2. Prearranged Funeral Plans and Related Services -- Mandatory Trust (Renumbered)|72-27-204. Renumbered 72-37-104

  72-27-204. Renumbered 72-37-104. Code Commissioner, 1989.
MT Code § 72-30-101 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 30. Management of Institutional Funds|Part 1. General Provisions|72-30-101. Short title

  72-30-101. Short title. This chapter may be cited as the "Uniform Prudent Management of Institutional Funds Act".   History: En. Sec. 10, Ch. 389, L. 1973; R.C.M. 1947, 86-809; amd. Sec. 1, Ch. 421, L. 2007.
MT Code § 72-30-102 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 30. Management of Institutional Funds|Part 1. General Provisions|72-30-102. Definitions

  72-30-102. Definitions. In this chapter, the following definitions apply:   (1) "Charitable purpose" means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community.   (2) (a) "Endowment fund" means an institutional fund or any part of the fund that under the terms of a gift instrument or instrument of donor intent is not wholly expendable by the institution on a current basis.   (b) The term does not include assets that an institution designates as an endowment fund for its own use.   (3) "Gift instrument" means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund.   (4) "Institution" means:   (a) a person, other than an individual, organized and operated exclusively for charitable purposes;   (b) a government or governmental subdivision, agency, or instrumentality to the extent that it holds funds exclusively for a charitable purpose; and   (c) a trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated.   (5) (a) "Institutional fund" means a fund held by an institution exclusively for charitable purposes.   (b) The term does not include:   (i) program-related assets;   (ii) a fund held for an institution by a trustee that is not an institution; or   (iii) a fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund.   (6) "Instrument of donor intent" means a record by a person that contributed property, pursuant to the provisions of this chapter that were in effect prior to October 1, 2007, setting forth the person's intention regarding investment or retention of the contributed property.   (7) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.   (8) "Program-related asset" means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment.   (9) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.   History: En. Sec. 1, Ch. 389, L. 1973; R.C.M. 1947, 86-801(part); amd. Sec. 2, Ch. 421, L. 2007; amd. Sec. 1, Ch. 328, L. 2009.
MT Code § 72-30-103 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 30. Management of Institutional Funds|Part 1. General Provisions|72-30-103. Uniformity of application and construction

  72-30-103. Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among those states that enact it.   History: En. Sec. 9, Ch. 389, L. 1973; R.C.M. 1947, 86-808; amd. Sec. 3, Ch. 421, L. 2007.
MT Code § 72-30-201 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 30. Management of Institutional Funds|Part 2. Management of Funds|72-30-201. Repealed

  72-30-201. Repealed. Sec. 11, Ch. 421, L. 2007.   History: En. Sec. 2, Ch. 389, L. 1973; R.C.M. 1947, 86-802.
MT Code § 72-30-202 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 30. Management of Institutional Funds|Part 2. Management of Funds|72-30-202. Repealed

  72-30-202. Repealed. Sec. 11, Ch. 421, L. 2007.   History: En. Sec. 1, Ch. 389, L. 1973; R.C.M. 1947, 86-801(part).
MT Code § 72-30-203 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 30. Management of Institutional Funds|Part 2. Management of Funds|72-30-203. Repealed

  72-30-203. Repealed. Sec. 11, Ch. 421, L. 2007.   History: En. Sec. 3, Ch. 389, L. 1973; R.C.M. 1947, 86-803.
MT Code § 72-30-204 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 30. Management of Institutional Funds|Part 2. Management of Funds|72-30-204. Repealed

  72-30-204. Repealed. Sec. 11, Ch. 421, L. 2007.   History: En. Sec. 4, Ch. 389, L. 1973; R.C.M. 1947, 86-804; amd. Sec. 34, Ch. 6, L. 1979.
MT Code § 72-30-205 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 30. Management of Institutional Funds|Part 2. Management of Funds|72-30-205. Repealed

  72-30-205. Repealed. Sec. 11, Ch. 421, L. 2007.   History: En. Sec. 5, Ch. 389, L. 1973; R.C.M. 1947, 86-805.
MT Code § 72-30-206 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 30. Management of Institutional Funds|Part 2. Management of Funds|72-30-206. Repealed

  72-30-206. Repealed. Sec. 11, Ch. 421, L. 2007.   History: En. Sec. 6, Ch. 389, L. 1973; R.C.M. 1947, 86-806.
MT Code § 72-30-207 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 30. Management of Institutional Funds|Part 2. Management of Funds|72-30-207. Release or modification of restrictions on management, investment, or purpose

  72-30-207. Release or modification of restrictions on management, investment, or purpose. (1) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument or instrument of donor intent on the management, investment, or purpose of an institutional fund. A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution.  (2) The court, upon application of an institution, may modify a restriction contained in a gift instrument or instrument of donor intent regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of the fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund. The institution shall notify the attorney general of the application, and the attorney general must be given an opportunity to be heard. To the extent practicable, any modification must be made in accordance with the donor's probable intention.   (3) If a particular charitable purpose or a restriction contained in a gift instrument or instrument of donor intent on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument or instrument of donor intent. The institution shall notify the attorney general of the application, and the attorney general must be given an opportunity to be heard.   (4) If an institution determines that a restriction contained in a gift instrument or instrument of donor intent on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, 60 days after notification to the attorney general, may release or modify the restriction, in whole or part, if the institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument or instrument of donor intent and:   (a) the institutional fund subject to the restriction has a total value of less than $25,000; or   (b) more than 12 years have elapsed since the fund was established   History: En. Sec. 7, Ch. 389, L. 1973; R.C.M. 1947, 86-807; amd. Sec. 4, Ch. 421, L. 2007; amd. Sec. 2, Ch. 328, L. 2009; amd. Sec. 1, Ch. 267, L. 2021.
MT Code § 72-30-210 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 30. Management of Institutional Funds|Part 2. Management of Funds|72-30-210. Delegation of management and investment functions

  72-30-210. Delegation of management and investment functions. (1) Subject to any specific limitation set forth in a gift instrument, in an instrument of donor intent, or in law other than this chapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:   (a) selecting an agent;   (b) establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and   (c) periodically reviewing the agent's actions in order to monitor the agent's performance and compliance with the scope and terms of the delegation.   (2) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.   (3) An institution that complies with subsection (1) is not liable for the decisions or actions of an agent to which the function was delegated.   (4) By accepting delegation of a management or investment function from an institution that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state in all proceedings arising from or related to the delegation or the performance of the delegated function.   (5) An institution may delegate management and investment functions to its committees, officers, or employees as authorized by law of this state other than this chapter.   History: En. Sec. 7, Ch. 421, L. 2007; amd. Sec. 5, Ch. 328, L. 2009.
MT Code § 72-30-211 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 30. Management of Institutional Funds|Part 2. Management of Funds|72-30-211. Reviewing compliance

  72-30-211. Reviewing compliance. Compliance with this chapter is determined in light of the facts and circumstances existing at the time a decision is made or action is taken and not by hindsight.   History: En. Sec. 8, Ch. 421, L. 2007.
MT Code § 72-30-212 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 30. Management of Institutional Funds|Part 2. Management of Funds|72-30-212. Application to existing institutional funds

  72-30-212. Application to existing institutional funds. This chapter applies to institutional funds existing on or established after October 1, 2007. As applied to institutional funds existing on October 1, 2007, this chapter governs only decisions made or actions taken on or after that date.   History: En. Sec. 9, Ch. 421, L. 2007.
MT Code § 72-30-213 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 30. Management of Institutional Funds|Part 2. Management of Funds|72-30-213. Relation to Electronic Signatures in Global and National Commerce Act

  72-30-213. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).   History: En. Sec. 10, Ch. 421, L. 2007; amd. Sec. 33, Ch. 3, L. 2019.
MT Code § 72-31-101 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 1. General|72-31-101. Oath in behalf of corporation acting as fiduciary

  72-31-101. Oath in behalf of corporation acting as fiduciary. In all matters in which a corporation is authorized to act as trustee, guardian, executor, administrator, or in any fiduciary capacity and an oath of office is required, it is proper for an officer of the corporation to take the required oath for and on behalf of the officer's corporation and the corporation becomes subject to the laws relating to individuals in similar matters so far as those laws may be applied to a corporation.   History: En. Sec. 1, Ch. 15, L. 1905; re-en. Sec. 7194, Rev. C. 1907; re-en. Sec. 9828, R.C.M. 1921; re-en. Sec. 9828, R.C.M. 1935; R.C.M. 1947, 93-8713; amd. Sec. 2475, Ch. 56, L. 2009.
MT Code § 72-31-102 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 1. General|72-31-102. Investment by fiduciaries in home owners' loan corporation bonds authorized

  72-31-102. Investment by fiduciaries in home owners' loan corporation bonds authorized. Notwithstanding any other provision of law, it is lawful for any executor, administrator, guardian or conservator, trustee, or other fiduciary to invest the funds or money in the person's custody or possession, eligible for investment, in bonds of the home owners' loan corporation or debentures issued by the federal housing administrator, guaranteed as to principal and interest by the United States government.   History: En. Sec. 1, Ch. 5, Ex. L. 1933; amd. Sec. 1, Ch. 37, L. 1935; re-en. Sec. 5309.35, R.C.M. 1935; amd. Sec. 1, Ch. 24, L. 1937; R.C.M. 1947, 35-142(part); amd. Sec. 2476, Ch. 56, L. 2009.
MT Code § 72-31-103 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 1. General|72-31-103. Validation of fiduciary sales

  72-31-103. Validation of fiduciary sales. All sales, provided no action is pending on July 1, 1973, to set aside such deed or conveyance, by trustees, executors, administrators, and guardians which previous to January 1, 1973, were made to purchasers for a valuable consideration, which consideration has been paid by such purchasers in good faith, and such sales shall not have been set aside by the district or probate court having jurisdiction thereof, shall be sufficient to sustain a trustee's, executor's, administrator's, or guardian's deed or conveyance to such purchaser and, in case such deed or conveyance shall not have been given, shall entitle such purchaser to such deed or conveyance; and such deed or conveyance, if executed on July 1, 1973, or when executed, shall be sufficient to convey to such purchaser all the title that such beneficiary, decedent, or ward had in said real or personal property; and all irregularities in obtaining the order of the court for such sale and all irregularities or defects in making or conducting such sale by said trustee, executor, administrator, or guardian shall be disregarded, and such sale shall not be invalidated by reason of any such defect or irregularity.   History: En. Sec. 1, Ch. 81, L. 1973; R.C.M. 1947, 91-4328.
MT Code § 72-31-201 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed)|72-31-201. Repealed

  72-31-201. Repealed. Sec. 49, Ch. 109, L. 2011.   History: En. Sec. 1, Ch. 580, L. 1991; amd. Sec. 113, Ch. 494, L. 1993; amd. Sec. 94, Ch. 51, L. 1999; amd. Sec. 1, Ch. 159, L. 2005.
MT Code § 72-31-202 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed)|72-31-202. Renumbered 72-31-224

  72-31-202. Renumbered 72-31-224. Code Commissioner, 1993.
MT Code § 72-31-203 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed)|72-31-203. Renumbered 72-31-225

  72-31-203. Renumbered 72-31-225. Code Commissioner, 1993.
MT Code § 72-31-204 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 31. Miscellaneous Provisions Relating to Fiduciaries|Part 2. Statutory Form Power of Attorney Act (Renumbered and Repealed)|72-31-204. Renumbered 72-31-226

  72-31-204. Renumbered 72-31-226. Code Commissioner, 1993.