reglab/housing_qa huggingface dataset:
MT Code § 30-10-1003 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 10. Securities Restitution Assistance Fund|30-10-1003. Definitions

  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.)   History: En. Sec. 3, Ch. 58, L. 2011; amd. Sec. 4, Ch. 28, L. 2015; amd. Sec. 6, Ch. 84, L. 2017.
MT Code § 30-10-1004 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 10. Securities Restitution Assistance Fund|30-10-1004. Creation of securities restitution assistance fund

  30-10-1004. (Temporary) Creation of securities restitution assistance fund. (1) There is an account in the state special revenue fund to the credit of the commissioner for use only for securities restitution assistance. This account may be referred to as the "securities restitution assistance fund" or "fund". The money in the fund is statutorily appropriated, as provided in 17-7-502, to the commissioner for the purposes provided in subsection (4) of this section.  (2) (a) The fund consists of amounts received by the commissioner from:   (i) persons who have violated any provision of parts 1 through 3 of this chapter;   (ii) persons who have voluntarily contributed to the fund; and   (iii) a portion of fees collected under 30-10-209(1)(b) as provided in 30-10-209(6)(b).   (b) Amounts received by the commissioner for deposit in the fund do not include administrative penalties or fines imposed under this chapter and as referenced under the Montana Administrative Procedure Act, Title 2, chapter 4, part 6.   (c) The amounts received for the fund may not be placed in the general fund.   (3) Amounts received by the commissioner for deposit in the fund must be promptly turned over to the state treasurer for deposit in the fund created under subsection (1).   (4) The fund may be used by the commissioner only to pay awards of restitution assistance under this part. (Terminates June 30, 2027--secs. 3, 4, Ch. 404, L. 2021.)   History: En. Sec. 4, Ch. 58, L. 2011; amd. Sec. 3, Ch. 66, L. 2013; amd. Sec. 5, Ch. 286, L. 2013.
MT Code § 30-10-1005 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 10. Securities Restitution Assistance Fund|30-10-1005. Eligibility

  30-10-1005. (Temporary) Eligibility. (1) The following victims are eligible for restitution assistance:  (a) a natural person who is a resident of Montana; or   (b) a person, other than a natural person, domiciled in Montana.   (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.)   History: En. Sec. 5, Ch. 58, L. 2011.
MT Code § 30-10-1006 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 10. Securities Restitution Assistance Fund|30-10-1006. Application for restitution assistance -- maximum amount of restitution assistance award

  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.)   History: En. Sec. 6, Ch. 58, L. 2011; amd. Sec. 5, Ch. 28, L. 2015.
MT Code § 30-10-1007 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 10. Securities Restitution Assistance Fund|30-10-1007. False application -- penalties -- statute of limitations

  30-10-1007. (Temporary) False application -- penalties -- statute of limitations. (1) A claimant who knowingly files or causes to be filed an application for restitution assistance or documents supporting the application any of which contain false, incomplete, or misleading information in any material aspect shall forfeit all restitution assistance provided from the fund.  (2) The commissioner may levy a fine of up to $10,000 on a claimant found to be in violation of subsection (1).   (3) A proceeding to determine a violation of subsection (1) must be in accordance with the contested case proceedings in the Montana Administrative Procedure Act, Title 2, chapter 4, parts 6 and 7.   (4) Notwithstanding the statutes of limitations provided in 30-10-305 through 30-10-307, any proceeding to determine a violation of subsection (1) of this section must be initiated within 2 years of the date on which the department discovers the violation or, through the use of reasonable diligence, should have discovered the violation, whichever occurs later. Regardless of when the department discovers a violation or should have discovered a violation through the use of reasonable diligence, the department may not initiate a proceeding under this subsection more than 5 years after the date of the violation. (Terminates June 30, 2027--secs. 3, 4, Ch. 404, L. 2021.)   History: En. Sec. 7, Ch. 58, L. 2011.
MT Code § 30-10-1008 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 10. Securities Restitution Assistance Fund|30-10-1008. Rulemaking authority

  30-10-1008. (Temporary) Rulemaking authority. The commissioner may adopt rules regarding the department's processes for:  (1) reviewing applications for securities restitution assistance awards;   (2) making recommendations to the commissioner; and   (3) suspending awards or making a proportional payment of awards if the fund balance approaches zero. (Terminates June 30, 2027--secs. 3, 4, Ch. 404, L. 2021.)   History: En. Sec. 8, Ch. 58, L. 2011.
MT Code § 30-10-1101 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 11. Whistleblower Award and Protection Act|30-10-1101. Short title

  30-10-1101. Short title. This part may be cited as the "Whistleblower Award and Protection Act".  History: En. Sec. 1, Ch. 76, L. 2021.
MT Code § 30-10-1102 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 11. Whistleblower Award and Protection Act|30-10-1102. Purpose

  30-10-1102. Purpose. The Whistleblower Award and Protection Act provides monetary awards to whistleblowers and provides protection for those who make whistleblower complaints.  History: En. Sec. 2, Ch. 76, L. 2021.
MT Code § 30-10-1103 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 11. Whistleblower Award and Protection Act|30-10-1103. Definitions

  30-10-1103. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:  (1) (a) "Monetary sanction" means any money, including penalties, disgorgement, and interest ordered to be paid as a result of an administrative or judicial action.   (b) The term does not include restitution.   (2) "Original information" means information that is:   (a) derived from the independent knowledge or analysis of a whistleblower;   (b) not already known to the commissioner from any other source, unless the whistleblower is the original source of the information;   (c) not exclusively derived from an allegation made in an administrative or judicial hearing, in a governmental report, hearing, audit, or investigation, or from the news media, unless the whistleblower is the source of the information; and   (d) provided to the commissioner for the first time after March 24, 2021.   (3) "Whistleblower" means an individual who, alone or jointly with others, provides the state or other law enforcement agency with information pursuant to the provisions set forth in this part, and the information relates to a possible violation of state or federal securities laws, including any rules or regulations thereunder, that has occurred, is ongoing, or is about to occur.   History: En. Sec. 3, Ch. 76, L. 2021.
MT Code § 30-10-1104 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 11. Whistleblower Award and Protection Act|30-10-1104. Authority to make whistleblower award

  30-10-1104. Authority to make whistleblower award. Subject to the provisions of this part, the commissioner may award an amount to one or more whistleblowers who voluntarily provide original information in writing, and in the form and manner required by the commissioner that leads to the successful enforcement of an administrative or judicial action under Title 30, chapter 10.  History: En. Sec. 4, Ch. 76, L. 2021.
MT Code § 30-10-1105 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 11. Whistleblower Award and Protection Act|30-10-1105. Anonymous whistleblower complaints

  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.   History: En. Sec. 5, Ch. 76, L. 2021.
MT Code § 30-10-1106 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 11. Whistleblower Award and Protection Act|30-10-1106. Amount of whistleblower award

  30-10-1106. Amount of whistleblower award. If the commissioner determines to make one or more awards under 30-10-1104, the aggregate amount of awards that may be awarded in connection with an administrative or judicial action may not be less than 10% or more than 30% of the monetary sanctions collected in the related administrative or judicial action.  History: En. Sec. 6, Ch. 76, L. 2021.
MT Code § 30-10-1107 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 11. Whistleblower Award and Protection Act|30-10-1107. Discretion to determine amount of whistleblower award

  30-10-1107. Discretion to determine amount of whistleblower award. The determination of the amount of an award made under this part is in the discretion of the commissioner consistent with 30-10-1106 and 30-10-1109.  History: En. Sec. 7, Ch. 76, L. 2021.
MT Code § 30-10-1108 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 11. Whistleblower Award and Protection Act|30-10-1108. Source of payment of whistleblower award

  30-10-1108. Source of payment of whistleblower award. (1) The commissioner is authorized to order that a whistleblower award is paid:  (a) directly to a known whistleblower; or   (b) for an anonymous whistleblower, to counsel for the whistleblower as provided in 30-10-1106, who shall distribute the award to the anonymous whistleblower.   (2) Any whistleblower award under this part must be paid solely from the monetary sanction collected in the related administrative or judicial action and has first priority over other payment or disbursement.   History: En. Sec. 8, Ch. 76, L. 2021.
MT Code § 30-10-1109 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 11. Whistleblower Award and Protection Act|30-10-1109. Factors used to determine amount of whistleblower award

  30-10-1109. Factors used to determine amount of whistleblower award. In determining the amount of an award under this part, the commissioner shall consider:  (1) the significance of the original information provided by the whistleblower to the success of the administrative or judicial action;   (2) the degree of assistance provided by the whistleblower in connection with the administrative or judicial action;   (3) the interest of the commissioner in deterring violations of the securities laws by making awards to whistleblowers who provide original information that leads to the successful enforcement of such laws; and   (4) any other factors the commissioner considers relevant.   History: En. Sec. 9, Ch. 76, L. 2021.
MT Code § 30-10-1110 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 11. Whistleblower Award and Protection Act|30-10-1110. Disqualification from award

  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.   History: En. Sec. 10, Ch. 76, L. 2021.
MT Code § 30-11-101 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 11. Sales|Part 1. Sales and Exchanges|30-11-101. Sale defined

  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.   History: En. Sec. 2310, Civ. C. 1895; re-en. Sec. 5079, Rev. C. 1907; re-en. Sec. 7581, R.C.M. 1921; Cal. Civ. C. Sec. 1721; Field Civ. C. Sec. 855; re-en. Sec. 7581, R.C.M. 1935; R.C.M. 1947, 74-101.
MT Code § 30-11-102 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 11. Sales|Part 1. Sales and Exchanges|30-11-102. Subject of sale

  30-11-102. Subject of sale. The subject of sale must be property, the title to which can be immediately transferred from the seller to the buyer.   History: En. Sec. 2311, Civ. C. 1895; re-en. Sec. 5080, Rev. C. 1907; re-en. Sec. 7582, R.C.M. 1921; Cal. Civ. C. Sec. 1722; Field Civ. C. Sec. 856; re-en. Sec. 7582, R.C.M. 1935; R.C.M. 1947, 74-102.
MT Code § 30-11-103 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 11. Sales|Part 1. Sales and Exchanges|30-11-103. Agreement for sale

  30-11-103. Agreement for sale. An agreement for sale is either:   (1) an agreement to sell;   (2) an agreement to buy; or   (3) a mutual agreement to sell and buy.   History: En. Sec. 2320, Civ. C. 1895; re-en. Sec. 5081, Rev. C. 1907; re-en. Sec. 7583, R.C.M. 1921; Cal. Civ. C. Sec. 1726; Field Civ. C. Sec. 857; re-en. Sec. 7583, R.C.M. 1935; R.C.M. 1947, 74-103.
MT Code § 30-11-104 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 11. Sales|Part 1. Sales and Exchanges|30-11-104. Agreement to sell

  30-11-104. Agreement to sell. An agreement to sell is a contract by which one engages, for a price, to transfer to another the title to a certain thing.   History: En. Sec. 2321, Civ. C. 1895; re-en. Sec. 5082, Rev. C. 1907; re-en. Sec. 7584, R.C.M. 1921; Cal. Civ. C. Sec. 1727; Field Civ. C. Sec. 858; re-en. Sec. 7584, R.C.M. 1935; R.C.M. 1947, 74-104.
MT Code § 30-11-105 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 11. Sales|Part 1. Sales and Exchanges|30-11-105. Agreement to buy

  30-11-105. Agreement to buy. An agreement to buy is a contract by which one engages to accept from another and pay a price for the title to a certain thing.   History: En. Sec. 2322, Civ. C. 1895; re-en. Sec. 5083, Rev. C. 1907; re-en. Sec. 7585, R.C.M. 1921; Cal. Civ. C. Sec. 1728; Field Civ. C. Sec. 859; re-en. Sec. 7585, R.C.M. 1935; R.C.M. 1947, 74-105.
MT Code § 30-11-106 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 11. Sales|Part 1. Sales and Exchanges|30-11-106. Agreement to sell and buy

  30-11-106. Agreement to sell and buy. An agreement to sell and buy is a contract by which a person engages to transfer the title to a certain thing to another, who engages to accept the thing from the seller and to pay a price for the thing.   History: En. Sec. 2323, Civ. C. 1895; re-en. Sec. 5084, Rev. C. 1907; re-en. Sec. 7586, R.C.M. 1921; Cal. Civ. C. Sec. 1729; Field Civ. C. Sec. 860; re-en. Sec. 7586, R.C.M. 1935; R.C.M. 1947, 74-106; amd. Sec. 905, Ch. 56, L. 2009.
MT Code § 30-11-107 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 11. Sales|Part 1. Sales and Exchanges|30-11-107. What may be the subject of the contract

  30-11-107. What may be the subject of the contract. Any property which, if in existence, might be the subject of sale may be the subject of an agreement for sale, whether in existence or not.   History: En. Sec. 2324, Civ. C. 1895; re-en. Sec. 5085, Rev. C. 1907; re-en. Sec. 7587, R.C.M. 1921; Cal. Civ. C. Sec. 1730; Field Civ. C. Sec. 861; re-en. Sec. 7587, R.C.M. 1935; R.C.M. 1947, 74-107.
MT Code § 30-11-108 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 11. Sales|Part 1. Sales and Exchanges|30-11-108. Agreement to sell real property

  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.   History: En. Sec. 2325, Civ. C. 1895; re-en. Sec. 5086, Rev. C. 1907; re-en. Sec. 7588, R.C.M. 1921; Cal. Civ. C. Sec. 1731; Based on Field Civ. C. Sec. 862; re-en. Sec. 7588, R.C.M. 1935; R.C.M. 1947, 74-108.
MT Code § 30-11-109 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 11. Sales|Part 1. Sales and Exchanges|30-11-109. When usual common-law covenants required by contracts

  30-11-109. When usual common-law covenants required by contracts. An agreement on the part of a seller of real property to give the usual covenants binds the seller to insert in the grant covenants of "seisin", "quiet enjoyment", "further assurance", "general warranty", and "against encumbrances".   History: En. Sec. 2326, Civ. C. 1895; re-en. Sec. 5087, Rev. C. 1907; re-en. Sec. 7589, R.C.M. 1921; Cal. Civ. C. Sec. 1733; Field Civ. C. Sec. 863; re-en. Sec. 7589, R.C.M. 1935; R.C.M. 1947, 74-109; amd. Sec. 906, Ch. 56, L. 2009.