reglab/housing_qa huggingface dataset:
MT Code § 30-9A-805 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 8. Transition|30-9A-805. Effectiveness of action taken before effective date

  30-9A-805. Effectiveness of action taken before effective date. (1) The filing of a financing statement before July 1, 2013, is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this chapter.   (2) This chapter does not render ineffective an effective financing statement that, before July 1, 2013, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in former chapter 9A. However, except as otherwise provided in 30-9A-806 and subsections (3) and (4) of this section, the financing statement ceases to be effective:   (a) if the financing statement is filed in this state, at the time the financing statement would have ceased to be effective had Chapter 75, Laws of 2013, not taken effect; or   (b) if the financing statement is filed in another jurisdiction, at the earlier of:   (i) the time the financing statement would have ceased to be effective under the law of that jurisdiction; or   (ii) June 30, 2018.   (3) The filing of a continuation statement after July 1, 2013, does not continue the effectiveness of a financing statement filed before July 1, 2013. However, upon the timely filing of a continuation statement after July 1, 2013, and in accordance with the law of the jurisdiction governing perfection as provided in this chapter, the effectiveness of a financing statement filed in the same office in that jurisdiction before July 1, 2013, continues for the period provided by the law of that jurisdiction.   (4) Subsection (2)(b)(ii) applies to a financing statement that, before July 1, 2013, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in former chapter 9A, only to the extent that this chapter provides that the law of a jurisdiction other than the jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement.   (5) A financing statement that includes a financing statement filed before July 1, 2013, and a continuation statement filed after July 1, 2013, is effective only to the extent that it satisfies the requirements of Title 30, chapter 9A, part 5, for an initial financing statement. A financing statement that indicates that the debtor is a decedent's estate indicates that the collateral is being administered by a personal representative within the meaning of 30-9A-503(1)(b). A financing statement that indicates that the debtor is a trust or is a trustee acting with respect to property held in trust indicates that the collateral is held in a trust within the meaning of 30-9A-503(1)(c).   History: En. Sec. 21, Ch. 75, L. 2013.
MT Code § 30-9A-806 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 8. Transition|30-9A-806. When initial financing statement suffices to continue effectiveness of financing statement

  30-9A-806. When initial financing statement suffices to continue effectiveness of financing statement. (1) The filing of an initial financing statement in the office specified in 30-9A-501 continues the effectiveness of a financing statement filed before July 1, 2013, if:   (a) the filing of an initial financing statement in that office would be effective to perfect a security interest under this chapter.   (b) the pre-effective-date financing statement was filed in an office in another state; and   (c) the initial financing statement satisfies subsection (3).   (2) The filing of an initial financing statement under subsection (1) continues the effectiveness of the pre-effective-date financing statement:   (a) if the initial financing statement is filed before July 1, 2013, for the period provided in former 30-9A-515 with respect to an initial financing statement; and   (b) if the initial financing statement is filed after July 1, 2013, for the period provided in 30-9A-515 with respect to an initial financing statement.   (3) To be effective for purposes of subsection (1), an initial financing statement must:   (a) satisfy the requirements of Title 30, chapter 9A, part 5, for an initial financing statement;   (b) identify the pre-effective-date financing statement by indicating the office in which the financing statement was filed and providing the dates of filing and file numbers, if any, of the financing statement and of the most recent continuation statement filed with respect to the financing statement; and   (c) indicate that the pre-effective-date financing statement remains effective.   History: En. Sec. 22, Ch. 75, L. 2013.
MT Code § 30-9A-807 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 8. Transition|30-9A-807. Amendment of pre-effective-date financing statement

  30-9A-807. Amendment of pre-effective-date financing statement. (1) In this section, "pre-effective-date financing statement" means a financing statement filed before July 1, 2013.   (2) After July 1, 2013, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in a pre-effective-date financing statement only in accordance with the law of the jurisdiction governing perfection as provided in Title 30, chapter 9A. However, the effectiveness of a pre-effective-date financing statement also may be terminated in accordance with the law of the jurisdiction in which the financing statement is filed.   (3) Except as otherwise provided in subsection (4), if the law of this state governs perfection of a security interest, the information in a pre-effective-date financing statement may be amended after July 1, 2013, only if:   (a) the pre-effective-date financing statement and an amendment are filed in the office specified in section 30-9A-501;   (b) an amendment is filed in the office specified in section 30-9A-501 concurrently with, or after the filing in that office of, an initial financing statement that satisfies 30-9A-806(3); or   (c) an initial financing statement that provides the information as amended and satisfies 30-9A-806(3) is filed in the office specified in 30-9A-501.   (4) If the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement may be continued only under 30-9A-805(3) and (5) or 30-9A-806.   (5) Whether or not the law of this state governs perfection of a security interest, the effectiveness of a pre-effective-date financing statement filed in this state may be terminated after July 1, 2013, by filing a termination statement in the office in which the pre-effective-date financing statement is filed unless an initial financing statement that satisfies 30-9A-806(3) has been filed in the office specified by the law of the jurisdiction governing perfection as provided in Title 30, chapter 9A, as the office in which to file a financing statement.   History: En. Sec. 23, Ch. 75, L. 2013.
MT Code § 30-9A-808 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 8. Transition|30-9A-808. Person entitled to file initial financing statement or continuation statement

  30-9A-808. Person entitled to file initial financing statement or continuation statement. A person may file an initial financing statement or a continuation statement under this part if:   (1) the secured party of record authorizes the filing; and   (2) the filing is necessary under this part:   (a) to continue the effectiveness of a financing statement filed before July 1, 2013; or   (b) to perfect or continue the perfection of a security interest.   History: En. Sec. 24, Ch. 75, L. 2013.
MT Code § 30-9A-809 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 9A. Uniform Commercial Code Secured Transactions|Part 8. Transition|30-9A-809. Priority

  30-9A-809. Priority. This chapter determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2013, Title 30, former chapter 9A, determines priority.   History: En. Sec. 25, Ch. 75, L. 2013.
MT Code § 30-10-101 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 1. General Application|30-10-101. Short title

  30-10-101. Short title. Parts 1 through 3 of this chapter may be cited as the "Securities Act of Montana".   History: En. Sec. 2, Ch. 251, L. 1961; R.C.M. 1947, 15-2002.
MT Code § 30-10-102 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 1. General Application|30-10-102. Policy

  30-10-102. Policy. Parts 1 through 3 of this chapter shall be construed to:   (1) protect the investor, persons engaged in securities transactions, and the public interest;   (2) promote uniformity among the states; and   (3) encourage, promote, and facilitate capital investment in Montana.   History: En. Sec. 3, Ch. 251, L. 1961; R.C.M. 1947, 15-2003; amd. Sec. 1, Ch. 322, L. 1983.
MT Code § 30-10-106 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 1. General Application|30-10-106. Proof of exemption

  30-10-106. Proof of exemption. In any proceeding under parts 1 through 3 of this chapter, the burden of proving an exemption or an exception from a definition is upon the person claiming it.   History: En. Sec. 25, Ch. 251, L. 1961; R.C.M. 1947, 15-2025.
MT Code § 30-10-108 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 1. General Application|30-10-108. and 30-10-109 reserved

  30-10-108 and 30-10-109 reserved.
MT Code § 30-10-110 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 1. General Application|30-10-110. Scope

  30-10-110. Scope. (1) Sections 30-10-201(1), 30-10-202, 30-10-301(1), 30-10-303, and 30-10-307 apply to persons who sell or offer to sell when an offer to sell is made in this state or an offer to buy is made and accepted in this state.   (2) Sections 30-10-201(1), 30-10-301(1), and 30-10-303 apply to persons who buy or offer to buy when an offer to buy is made in this state or an offer to sell is made and accepted in this state.   (3) For the purpose of this section, an offer to sell or buy is made in this state, whether or not either party is then present in this state, when the offer either originates from this state or is directed by the offeror to this state and received at the place to which it is directed or at any post office in this state in the case of a mailed offer.   (4) For the purpose of this section, an offer to buy or sell is accepted in this state when acceptance is communicated to the offeror in this state and acceptance has not previously been communicated to the offeror, orally or in writing, outside this state. Acceptance is communicated to the offeror in this state, whether or not either party is then present in this state, when the offeree directs it to the offeror in this state, reasonably believing the offeror to be in this state, and it is received at the place to which it is directed or at any post office in this state in the case of a mailed acceptance.   (5) An offer to sell or to buy is not made in this state when:   (a) the publisher circulates or there is circulated on the publisher's behalf in this state any bona fide newspaper or other publication of general, regular, and paid circulation that is:   (i) not published in this state; or   (ii) published in this state but has had more than two-thirds of its circulation outside this state during the past 12 months; or   (b) a radio or television program originating outside this state is received in this state.   (6) Sections 30-10-201(3), 30-10-301(2) and (3), and 30-10-303, as far as investment advisers and investment adviser representatives are concerned, apply when any act instrumental in effecting prohibited conduct is done in this state, whether or not either party is then present in this state.   (7) Any security given or delivered with or as a bonus on account of any purchase of securities or any other thing is considered to constitute part of the subject of the purchase and to have been offered and sold for value. A purported gift of assessable stock is considered to involve an offer and sale. Each sale or offer of a warrant or right to purchase or subscribe to another security of the same or another issuer, as well as each sale or offer of a security that gives the holder a present or future right or privilege to convert into another security of the same or another issuer, is considered to include an offer of the other security.   History: En. Sec. 1, Ch. 285, L. 1985; amd. Sec. 2, Ch. 269, L. 1987; amd. Sec. 136, Ch. 42, L. 1997; amd. Sec. 4, Ch. 533, L. 1997.
MT Code § 30-10-111 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 1. General Application|30-10-111. through 30-10-114 reserved

  30-10-111 through 30-10-114 reserved.
MT Code § 30-10-115 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 1. General Application|30-10-115. Deposits to general fund -- exceptions

  30-10-115. Deposits to general fund -- exceptions. (1) Except as provided in subsection (2), all fees and miscellaneous charges received by the commissioner pursuant to parts 1 through 3 of this chapter must be deposited in the general fund.  (2) (a) All notice filing fees collected under 30-10-209(1)(d) and examination costs collected under 30-10-210 must be deposited in the state special revenue fund in an account to the credit of the state auditor's office. The funds allocated by this subsection (2)(a) to the state special revenue account may be used only to defray the expenses of the state auditor's office in discharging its administrative and regulatory powers and duties in relation to notice filing under 30-10-209(1)(d) and examinations.   (b) Any fees in excess of the amount required for the purposes listed in subsection (2)(a) must be deposited in the general fund.   (c) On or after July 1, 2019, 3% of the total fees collected annually under 30-10-209(1)(b) must be deposited in the securities restitution assistance fund provided for in 30-10-1004. The remainder must be deposited in the general fund. On or after July 1, 2027, all fees collected annually under 30-10-209(1)(b) must be deposited in the general fund.   History: En. Sec. 2, Ch. 385, L. 1985; amd. Sec. 4, Ch. 351, L. 1989; amd. Sec. 1, Ch. 462, L. 1993; amd. Sec. 64, Ch. 51, L. 1999; amd. Sec. 6, Ch. 472, L. 1999; amd. Sec. 1, Ch. 469, L. 2005; amd. Sec. 3, Ch. 227, L. 2011; amd. Sec. 1, Ch. 66, L. 2013; amd. Sec. 6, Ch. 151, L. 2017; amd. Sec. 13, Ch. 6, Sp. L. November 2017; amd. Sec. 1, Ch. 404, L. 2021.
MT Code § 30-10-116 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 1. General Application|30-10-116. Repealed

  30-10-116. Repealed. Sec. 9, Ch. 351, L. 1989.   History: En. Sec. 3, Ch. 385, L. 1985.
MT Code § 30-10-117 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 1. General Application|30-10-117. Repealed

  30-10-117. Repealed. Sec. 9, Ch. 351, L. 1989.   History: En. Sec. 4, Ch. 385, L. 1985.
MT Code § 30-10-118 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 1. General Application|30-10-118. Repealed

  30-10-118. Repealed. Sec. 9, Ch. 351, L. 1989.   History: En. Sec. 5, Ch. 385, L. 1985.
MT Code § 30-10-119 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 1. General Application|30-10-119. Records

  30-10-119. Records. (1) A broker-dealer or investment adviser shall provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of a vulnerable person to the department of public health and human services provided for in 2-15-2201 and to law enforcement, either as part of a referral to the department or to law enforcement or on request of the department or law enforcement pursuant to an investigation. The records may include historical records as well as records relating to the most recent transaction that may constitute financial exploitation of the vulnerable person.   (2) All records made available pursuant to this section are confidential information as defined in 2-6-1002.   (3) Nothing in this section limits or otherwise impedes the authority of the commissioner to access or examine the books and records of broker-dealers and investment advisers as otherwise provided by law.   History: En. Sec. 4, Ch. 84, L. 2017.
MT Code § 30-10-202 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 2. Registration|30-10-202. Registration of securities

  30-10-202. Registration of securities. It is unlawful for any person to offer or sell any security in this state, except securities exempt under 30-10-104 or when sold in transactions exempt under 30-10-105, unless:   (1) the security is registered by notification, coordination, or qualification under parts 1 through 3 of this chapter; or   (2) for a federal covered security, the security has been filed with the commissioner pursuant to 30-10-211 and the fee prescribed in 30-10-209 has been paid.   History: En. Sec. 7, Ch. 251, L. 1961; R.C.M. 1947, 15-2007; amd. Sec. 2, Ch. 279, L. 1981; amd. Sec. 6, Ch. 533, L. 1997.
MT Code § 30-10-208 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 2. Registration|30-10-208. Consent to service of process -- manner of service

  30-10-208. Consent to service of process -- manner of service. (1) Every applicant for registration as a broker-dealer, investment adviser, salesperson, or investment adviser representative under parts 1 through 3 of this chapter and every issuer that proposes to register and offer a security in this state through any person acting on an agency basis in the common-law sense shall file with the commissioner, in a form that the commissioner prescribes, an irrevocable consent appointing the commissioner and the commissioner's successors in office to be the attorney of the applicant to receive service of any lawful process in any noncriminal suit, action, or proceeding against the applicant or the applicant's successor, executor, or administrator that arises under parts 1 through 3 of this chapter or any rule or order under parts 1 through 3 of this chapter after the consent has been filed, with the same force and validity as if served personally on the person filing the consent.   (2) Service may be made by leaving a copy of the process in the office of the commissioner, but it is not effective unless:   (a) the plaintiff, who may be the commissioner, in a suit, action, or proceeding instituted by the plaintiff, sends timely notice of the service and a copy of the process by certified or registered mail to the defendant or respondent at the defendant's or respondent's last address on file with the commissioner; and   (b) the plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within any further time that the court allows.   History: En. Sec. 15, Ch. 251, L. 1961; amd. Sec. 1, Ch. 105, L. 1963; R.C.M. 1947, 15-2015; amd. Sec. 4, Ch. 2, L. 1991; amd. Sec. 4, Ch. 162, L. 1993; amd. Sec. 902, Ch. 56, L. 2009.
MT Code § 30-10-210 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 2. Registration|30-10-210. Examination costs

  30-10-210. Examination costs. (1) An issuer, broker-dealer, or investment adviser who is examined in connection with a registration under parts 1 through 3 of this chapter shall reimburse the commissioner or any of the commissioner's authorized agents, officers, or employees for actual travel expenses, a reasonable living expense allowance, and a per diem as compensation of examiners, which are necessarily incurred on account of the examination, upon presentation of a detailed account of the charges and expenses by the commissioner or pursuant to the commissioner's written authorization; however, reimbursement of expenses may not be required for routine examinations performed in connection with an application for registration. A person may not pay and an examiner may not accept additional emolument on account of an examination.   (2) The commissioner shall deposit examination costs collected under this section in the special revenue account provided for in 30-10-115. The commissioner may give written authorization for payment of the examination costs referred to in subsection (1) by the person examined directly to the examiner.   (3) If an issuer, broker-dealer, or investment adviser fails to pay the charges and expenses referred to in subsection (1), the charges and expenses must be paid out of the funds of the commissioner in the same manner as other disbursements of those funds. The amount paid is a first lien upon all of the assets and property in this state of the issuer, broker-dealer, or investment adviser and may be recovered by suit by the attorney general on behalf of the state of Montana and restored to the appropriate fund. Failure of the issuer, broker-dealer, or investment adviser to pay the charges and expenses also works a forfeiture of the right to do business in this state under parts 1 through 3 of this chapter.   History: En. Sec. 24, Ch. 251, L. 1961; amd. Sec. 71, Ch. 147, L. 1963; R.C.M. 1947, 15-2024(2); amd. Sec. 5, Ch. 351, L. 1979; amd. Sec. 7, Ch. 279, L. 1981; amd. Sec. 4, Ch. 249, L. 1989; amd. Sec. 8, Ch. 472, L. 1999.
MT Code § 30-10-211 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 2. Registration|30-10-211. Federal covered securities

  30-10-211. Federal covered securities. (1) An issuer is required to file the following documents with respect to a federal covered security provided for in section 18(b)(2) of the Securities Act of 1933:   (a) documents that are part of a current federal registration statement filed with the securities and exchange commission or amendments to a current registration statement filed with the securities and exchange commission;   (b) a consent to the service of process signed by the issuer and payment of the fee required in 30-10-209; and   (c) annual or periodic reports of the value of the federal covered securities offered or sold in this state.   (2) The issuer of a federal covered security under 18(b)(4)(D) of the Securities Act of 1933 is required to file within 15 days after the first sale in this state a notice on a form prescribed by the commissioner and a consent to service of process and is required to pay the notice filing fee prescribed in 30-10-209.   (3) The commissioner may require the filing of any document filed with the securities and exchange commission under the Securities Act of 1933, with respect to a federal covered security under section 18(b)(3) or (4) of the Securities Act of 1933, and may require payment of the notice filing fee prescribed in 30-10-209.   (4) The commissioner may issue a cease and desist order suspending the offer and sale of a federal covered security if the commissioner finds that the order is in the public interest and there is a failure to comply with any requirement of this section.   (5) The commissioner may waive any of the provisions of this section.   History: En. Sec. 12, Ch. 533, L. 1997; amd. Sec. 4, Ch. 156, L. 2003.
MT Code § 30-10-212 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 10. Securities Regulation|Part 2. Registration|30-10-212. through 30-10-215 reserved

  30-10-212 through 30-10-215 reserved.