reglab/housing_qa huggingface dataset:
MT Code § 32-5-303 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 3. Operation of Business -- Restrictions and Requirements|32-5-303. Borrower to receive copy of contract or statement of contents

  32-5-303. Borrower to receive copy of contract or statement of contents. (1) At the time a loan is made, there must be delivered to the borrower or borrowers the disclosures required by the federal Consumer Credit Protection Act and the federal Truth in Lending Act, 15 U.S.C. 1601, et seq., and a copy of the loan contract or a written statement showing in clear and distinct terms:   (a) the name and address of the lender and of one of the borrowers or a maker of the loan;   (b) the date of the loan contract;   (c) the description or schedule of payments;   (d) the principal amount of the loan excluding interest;   (e) the rate and amount of interest as provided in the contract;   (f) the amount collected or paid out for each kind of insurance, if any;   (g) the amount collected or paid out for filing and other fees as allowed in this chapter;   (h) the collateral or security for the loan including all other accommodation or other joint makers or comakers; and   (i) that the borrower may prepay the loan in whole or in part without penalty at any time during a licensee's regular business hours.   (2) Compliance with the disclosure requirements of the Truth in Lending Act, 15 U.S.C. 1601, et seq., does not constitute authorization to enlarge or modify the interest or the fees that may be charged under 32-5-301.   History: En. Sec. 12, Ch. 283, L. 1959; amd. Sec. 172, Ch. 431, L. 1975; R.C.M. 1947, 47-212(part); amd. Sec. 6, Ch. 424, L. 1981; amd. Sec. 4, Ch. 406, L. 1985; amd. Sec. 10, Ch. 372, L. 2007; amd. Sec. 9, Ch. 173, L. 2013.
MT Code § 32-5-304 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 3. Operation of Business -- Restrictions and Requirements|32-5-304. Receipts -- return of note

  32-5-304. Receipts -- return of note. Every licensee shall:   (1) give to the borrower a plain, dated, and complete receipt for every payment made in cash on account of any loan at the time the payment is made;   (2) endorse indelibly on a loan ledger or card or maintain a record by reliable electronic means of the amount and date of each payment made by the borrower; and   (3) upon repayment of the loan in full, mark indelibly every obligation and security signed by the borrower with the word "paid" or "canceled" or otherwise memorialize satisfaction of the obligation and release any mortgage, restore any pledge, and cancel and return to the borrower any note and any assignment given to the licensee within 10 days after the repayment. Reconveyance of a deed of trust must be in accordance with 71-1-307 through 71-1-309. The canceled note and canceled assignment or other instrument clearly identifying the note or assignment and stating that it has been paid in full must be mailed to the borrower at the borrower's last-known address unless returned to the borrower in person.   (4) maintain records in accordance with 32-5-307.   History: En. Sec. 12, Ch. 283, L. 1959; amd. Sec. 172, Ch. 431, L. 1975; R.C.M. 1947, 47-212(part); amd. Sec. 1, Ch. 84, L. 1981; amd. Sec. 1053, Ch. 56, L. 2009; amd. Sec. 10, Ch. 173, L. 2013.
MT Code § 32-5-305 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 3. Operation of Business -- Restrictions and Requirements|32-5-305. Confessions of judgment -- incomplete instruments forbidden

  32-5-305. Confessions of judgment -- incomplete instruments forbidden. A licensee may not:   (1) take any confession of judgment from the borrower or any power of attorney running to the licensee or to any third person to confess judgment for the borrower or to appear for the borrower in a judicial proceeding, except that this subsection does not prohibit a borrower from personally and voluntarily confessing judgment after the borrower's loan is in default;   (2) take any note or promise to pay that does not disclose the amount of the loan, a schedule of payments or a description of the schedule of payments, and the agreed interest and fees to be charged. The note or promise may not contain blanks that are left to be filled in after execution. The disclosures required by this subsection are not required on a certificate of title to a motor vehicle, on a policy or certificate of insurance, or on customary powers in connection with bonds or stocks that may be pledged as collateral.   (3) take any instrument in which blanks are left to be filled in after the loan is made.   History: En. Sec. 13, Ch. 283, L. 1959; R.C.M. 1947, 47-213; amd. Sec. 11, Ch. 372, L. 2007; amd. Sec. 11, Ch. 173, L. 2013.
MT Code § 32-5-307 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 3. Operation of Business -- Restrictions and Requirements|32-5-307. Records to be kept

  32-5-307. Records to be kept. Each licensee shall keep or make available in each licensed office the books, accounts, and records that the department requires and that are necessary to enable the department to determine whether the licensee is complying with this chapter and with the rules promulgated under this chapter. The licensee shall preserve the records for at least 2 years after making the final entry on any loan recorded in the records.   History: En. Sec. 17, Ch. 283, L. 1959; amd. Sec. 172, Ch. 431, L. 1975; R.C.M. 1947, 47-217; amd. Sec. 5, Ch. 374, L. 1997.
MT Code § 32-5-308 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 3. Operation of Business -- Restrictions and Requirements|32-5-308. Annual report

  32-5-308. Annual report. (1) A licensee shall file an annual report by the date and in the manner prescribed by the department covering the licensee's consumer loan activity in this state during the preceding calendar year.   (2) The report must contain the information prescribed by the department. The department may require information that is consistent with the protocols of a nationwide licensing system as provided in 32-5-209.   History: En. Sec. 18, Ch. 283, L. 1959; amd. Sec. 115, Ch. 431, L. 1975; R.C.M. 1947, 47-218; amd. Sec. 1, Ch. 64, L. 2005; amd. Sec. 13, Ch. 372, L. 2007; amd. Sec. 5, Ch. 96, L. 2013; amd. Sec. 12, Ch. 173, L. 2013.
MT Code § 32-5-309 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 3. Operation of Business -- Restrictions and Requirements|32-5-309. Advertising -- limitations

  32-5-309. Advertising -- limitations. No person shall advertise, display, distribute, broadcast, or televise or permit to be displayed, advertised, distributed, broadcasted, or televised, in any manner whatsoever, any false, misleading, or deceptive statement or representation with regard to the rates, terms, or conditions of loans.   History: En. Sec. 19, Ch. 283, L. 1959; R.C.M. 1947, 47-219.
MT Code § 32-5-310 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 3. Operation of Business -- Restrictions and Requirements|32-5-310. Wage assignments -- limitations

  32-5-310. Wage assignments -- limitations. (1) Subject to the limitations in subsection (2), wage assignments, which include salary, wages, commissions, and other compensation for services, are permitted and any loan made subject to a wage assignment must be considered a loan secured by the wage assignment. The amount by which the assignment exceeds the amount of the consideration actually paid, for the purposes of regulation under this chapter, may not be considered interest on the loan and must be credited to the borrower. Transactions subject to the provisions of this section are governed by and are subject to the provisions of this chapter.   (2) Any assignment to a licensee or for the benefit of a licensee of salary, wages, commissions, or other compensation for services may not exceed 10% of the salary, wages, commissions, or other compensation owing at the time of the notice to the debtor's employer or that is subsequently owed. An assignment is not valid unless it is in writing and is signed in person by the borrower or if the borrower is married is signed in person by both husband and wife, provided that written assent of a spouse is not required when husband and wife have been and are living separate and apart when the assignment is made. Notice of the assignment must be given to the debtor's employer only if the debtor defaults in payment of the whole or some part of the loan for which the assignment is security. The notice must be served on the employer or a managing agent of the employer, must be verified by the licensee or the licensee's agent, and must include:   (a) a correct copy of the assignment;   (b) a statement of the amount of the loan and the amount due and unpaid; and   (c) a copy of this section.   (3) The acceptance and honoring of any assignment must be at the option of the employer.   History: En. Sec. 20, Ch. 283, L. 1959; amd. Sec. 37, Ch. 71, L. 1977; R.C.M. 1947, 47-220; amd. Sec. 14, Ch. 372, L. 2007; amd. Sec. 6, Ch. 96, L. 2013.
MT Code § 32-5-311 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 3. Operation of Business -- Restrictions and Requirements|32-5-311. Precomputed interest prohibited

  32-5-311. Precomputed interest prohibited. All consumer loans made or refinanced under this chapter must be made on simple interest, and the interest on consumer loans made or refinanced under this chapter may not be precomputed.   History: En. Sec. 14, Ch. 173, L. 2013.
MT Code § 32-5-312 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 3. Operation of Business -- Restrictions and Requirements|32-5-312. through 32-5-320 reserved

  32-5-312 through 32-5-320 reserved.
MT Code § 32-5-321 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 3. Operation of Business -- Restrictions and Requirements|32-5-321. Repealed

  32-5-321. Repealed. Secs. 22, 24(1), Ch. 372, L. 2007.   History: En. Sec. 1, Ch. 341, L. 1979.
MT Code § 32-5-322 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 3. Operation of Business -- Restrictions and Requirements|32-5-322. Repealed

  32-5-322. Repealed. Secs. 22, 24(1), Ch. 372, L. 2007.   History: En. Sec. 2, Ch. 341, L. 1979; amd. Sec. 3, Ch. 168, L. 1985; amd. Sec. 5, Ch. 406, L. 1985.
MT Code § 32-5-323 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 3. Operation of Business -- Restrictions and Requirements|32-5-323. Repealed

  32-5-323. Repealed. Secs. 22, 24(1), Ch. 372, L. 2007.   History: En. Sec. 3, Ch. 341, L. 1979.
MT Code § 32-5-324 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 3. Operation of Business -- Restrictions and Requirements|32-5-324. Repealed

  32-5-324. Repealed. Secs. 22, 24(1), Ch. 372, L. 2007.   History: En. Sec. 4, Ch. 341, L. 1979.
MT Code § 32-5-401 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 4. Enforcement|32-5-401. Department -- powers and duties -- adoption of rules

  32-5-401. Department -- powers and duties -- adoption of rules. (1) All powers and duties of regulation and supervision conferred by this chapter are vested in the department. The department shall adopt rules necessary to carry out the intent and purposes of this chapter.   (2) All rules adopted under this chapter are binding on all persons and enforceable by the department as provided in this chapter.   History: En. Sec. 3, Ch. 283, L. 1959; amd. Sec. 111, Ch. 431, L. 1975; R.C.M. 1947, 47-203; amd. Sec. 15, Ch. 372, L. 2007.
MT Code § 32-5-402 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 4. Enforcement|32-5-402. Investigations by department -- subpoenas -- oaths -- examination of witnesses and evidence

  32-5-402. Investigations by department -- subpoenas -- oaths -- examination of witnesses and evidence. (1) The department may at any time investigate any transaction with borrowers and may examine the books, accounts, and records to discover violations of this chapter by:  (a) a licensee; or   (b) a person who the department has reason to believe is violating or is about to violate this chapter.   (2) The department or the department's authorized representatives must be given free access to the offices and places of business and files of all licensees. The department may investigate any matter, upon complaint or otherwise, if it appears that a person has engaged in or offered to engage in any act or practice that is in violation of any provision of this chapter or any rule adopted or order issued by the department pursuant to this chapter.   (3) The department may issue subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records, and other evidence before it in any matter over which it has jurisdiction, control, or supervision pertaining to this chapter. The department may administer oaths and affirmations to a person whose testimony is required.   (4) If a person refuses to obey a subpoena or to give testimony or produce evidence as required by the subpoena, a judge of the district court in the county in which the licensed premises are located or in the district court of Lewis and Clark County if no licensed premises are maintained in the state may, upon application and proof of the refusal, issue a subpoena or subpoena duces tecum for the witness to appear before the department to give testimony and produce evidence as may be required. The clerk of court shall then issue the subpoena, as directed, under the seal of the court, requiring the person to whom it is directed to appear at the time and place designated in the subpoena.   (5) If a person served with a subpoena refuses to obey the subpoena or to give testimony or produce evidence as required by the subpoena, the department may proceed under the contempt provisions of Title 3, chapter 1, part 5.   (6) Failure to comply with the requirements of a court-ordered subpoena is punishable pursuant to 45-7-309.   History: En. Sec. 15, Ch. 283, L. 1959; amd. Sec. 6, Ch. 233, L. 1971; amd. Sec. 5, Ch. 172, L. 1975; amd. Sec. 114, Ch. 431, L. 1975; R.C.M. 1947, 47-215; amd. Sec. 5, Ch. 216, L. 1979; amd. Sec. 8, Ch. 424, L. 1981; amd. Sec. 6, Ch. 140, L. 1983; amd. Sec. 16, Ch. 372, L. 2007; amd. Sec. 6, Ch. 23, L. 2015; amd. Sec. 14, Ch. 535, L. 2021.
MT Code § 32-5-403 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 4. Enforcement|32-5-403. Examinations -- cost

  32-5-403. Examinations -- cost. (1) The department may examine the books, accounts, and records of every licensee insofar as they relate to transactions with borrowers under this chapter.   (2) The expenses of the department incurred in the examination of the books, accounts, and records of the licensees must be charged at a rate established by the department by rule. The amount charged must be established to recover all of the costs of the department's supervision program. Each licensee must be billed by the department for the amount charged to the licensee pursuant to this section. If the charge is not paid within 30 days after the mailing of the bill, the license of the licensee may be suspended or revoked.   History: En. Sec. 16, Ch. 283, L. 1959; amd. Sec. 7, Ch. 233, L. 1971; amd. Sec. 172, Ch. 431, L. 1975; R.C.M. 1947, 47-216; amd. Sec. 1, Ch. 368, L. 1983; amd. Sec. 7, Ch. 600, L. 1985; amd. Sec. 17, Ch. 372, L. 2007.
MT Code § 32-5-404 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 4. Enforcement|32-5-404. Repealed

  32-5-404. Repealed. Secs. 22, 24(1), Ch. 372, L. 2007.   History: En. Sec. 26, Ch. 283, L. 1959; amd. Sec. 172, Ch. 431, L. 1975; amd. Sec. 38, Ch. 71, L. 1977; R.C.M. 1947, 47-226.
MT Code § 32-5-405 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 4. Enforcement|32-5-405. Injunctions -- receivers

  32-5-405. Injunctions -- receivers. (1) Whenever the department has reasonable cause to believe that a person is violating or is threatening to violate any provision of this chapter, the department may, in addition to all actions provided for in this chapter and without prejudice to those actions, 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.   (2) The notice for an action pursuant to subsection (1) must state generally the relief sought and must be served 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 may issue temporary or permanent injunctions or temporary restraining orders to restrain and prevent violations of this chapter, and an injunction must be issued without bond to the department.   (5) In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court in which the action is brought may impound and appoint a receiver for the property and business of the defendant, including books, papers, documents, and records pertaining to the property or business or as much of the property or business as the court considers reasonably necessary to prevent violations of this chapter. The receiver, when appointed and qualified, has the powers and duties as to custody, collection, administration, winding up, and liquidation of the property and business that are conferred upon the receiver by the court.   History: En. Sec. 27, Ch. 283, L. 1959; amd. Sec. 172, Ch. 431, L. 1975; R.C.M. 1947, 47-227; amd. Sec. 19, Ch. 372, L. 2007.
MT Code § 32-5-406 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 4. Enforcement|32-5-406. Repealed

  32-5-406. Repealed. Secs. 22, 24(1), Ch. 372, L. 2007.   History: En. Sec. 28, Ch. 283, L. 1959; R.C.M. 1947, 47-228.
MT Code § 32-5-407 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 4. Enforcement|32-5-407. Attorney fees -- bad check fee

  32-5-407. Attorney fees -- bad check fee. (1) If provided in the contract, reasonable attorney fees may be awarded to the party in whose favor final judgment is rendered in any action on a contract entered into pursuant to the provisions of this chapter.   (2) In addition to any other fees authorized by this chapter, a licensee may charge a borrower the greater of $25 or the licensee's actual expense for each check, draft, converted check, electronic funds transfer, or other authorization or order for the payment of money received in payment of a loan, that is dishonored for any reason.   History: En. Sec. 10, Ch. 424, L. 1981; amd. Sec. 4, Ch. 168, L. 1985; amd. Sec. 3, Ch. 270, L. 1999; amd. Sec. 20, Ch. 372, L. 2007; amd. Sec. 7, Ch. 23, L. 2015.
MT Code § 32-5-408 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 4. Enforcement|32-5-408. Cease and desist orders

  32-5-408. Cease and desist orders. (1) If the department determines that a person has engaged in or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule adopted or order issued by the department pursuant to this chapter, the department may issue an order directing the person to cease and desist from continuing the act or practice after issuance and service of a notice and opportunity for an administrative hearing as provided in 32-5-207. The order may apply only to the alleged act or practice constituting a violation of this chapter.   (2) The department may issue a temporary order pending the hearing that:   (a) remains in effect until 14 days after the hearings examiner issues proposed findings of fact and conclusions of law and a proposed order; or   (b) becomes final if the person to whom notice is issued and served does not request a hearing within 14 days after the date on which the notice was sent by certified mail as provided in 32-5-207.   (3) A violation of an order issued pursuant to this section is subject to the penalty provisions of this chapter.   History: En. Sec. 18, Ch. 372, L. 2007; amd. Sec. 8, Ch. 23, L. 2015.
MT Code § 32-5-409 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 4. Enforcement|32-5-409. Complaint procedure

  32-5-409. Complaint procedure. (1) The department shall maintain a list of licensees that is available to interested persons and to the general public. The department shall also establish by rule a procedure under which an aggrieved consumer or any member of the public may file a complaint against a licensee or an unlicensed person who violates any provision of this chapter.   (2) The department, after giving reasonable notice, may hold hearings, subject to the contested case provisions of Title 2, chapter 4, part 6, upon the request of a party to the complaint, make findings of fact or conclusions of law, issue cease and desist orders, refer the matter to the appropriate law enforcement agency for prosecution for a violation of this chapter, seek injunctive or other relief in district court, or suspend or revoke a license granted under this chapter.   History: En. Sec. 21, Ch. 372, L. 2007.
MT Code § 32-5-501 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 5. Open-End Loans (Repealed)|32-5-501. Repealed

  32-5-501. Repealed. Secs. 22, 24(1), Ch. 372, L. 2007.   History: En. Sec. 1, Ch. 218, L. 1981; amd. Sec. 7, Ch. 140, L. 1983; amd. Sec. 5, Ch. 168, L. 1985; amd. Sec. 6, Ch. 406, L. 1985.
MT Code § 32-5-502 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 5. Open-End Loans (Repealed)|32-5-502. Repealed

  32-5-502. Repealed. Secs. 22, 24(1), Ch. 372, L. 2007.   History: En. Sec. 2, Ch. 218, L. 1981.
MT Code § 32-5-503 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 5. Open-End Loans (Repealed)|32-5-503. Repealed

  32-5-503. Repealed. Secs. 22, 24(1), Ch. 372, L. 2007.   History: En. Sec. 3, Ch. 218, L. 1981; amd. Sec. 6, Ch. 374, L. 1997.
MT Code § 32-5-504 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 5. Open-End Loans (Repealed)|32-5-504. Repealed

  32-5-504. Repealed. Secs. 22, 24(1), Ch. 372, L. 2007.   History: En. Sec. 4, Ch. 218, L. 1981.
MT Code § 32-5-505 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 5. Open-End Loans (Repealed)|32-5-505. Repealed

  32-5-505. Repealed. Secs. 22, 24(1), Ch. 372, L. 2007.   History: En. Sec. 5, Ch. 218, L. 1981; amd. Sec. 7, Ch. 374, L. 1997.
MT Code § 32-5-506 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 5. Consumer Loan Businesses|Part 5. Open-End Loans (Repealed)|32-5-506. Repealed

  32-5-506. Repealed. Secs. 22, 24(1), Ch. 372, L. 2007.   History: En. Sec. 6, Ch. 218, L. 1981; amd. Sec. 6, Ch. 168, L. 1985; amd. Sec. 7, Ch. 406, L. 1985; amd. Sec. 4, Ch. 270, L. 1999.