reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 6. Electronic Funds Transfer Act › Part 1. General Provisions › 32-6-105. Protection of privacy

32-6-105. Protection of privacy.
(1) No information relating to any transaction by electronic funds transfer, or application therefor, between a financial institution and its customer or prospective customer may be disclosed by the financial institution to any person or government entity without:
(a) the consent of the customer; or
(b) a subpoena issued by a court of record directing the financial institution to disclose such information to the person or government entity.
(2) Compliance with such subpoena relieves a financial institution and its employees of liability to a customer or other person for such disclosure.
(3) This section does not prevent:
(a) the examination of financial institutions by duly authorized regulatory authority or the transfer of information by a financial institution to a clearinghouse which administers transactions between financial institutions; or
(b) the access by a party to a transaction to information relating to a specific transaction.
History: En. 5-1709 by Sec. 9, Ch. 503, L. 1977; R.C.M. 1947, 5-1709; amd. Sec. 1, Ch. 186, L. 1987.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 6. Electronic Funds Transfer Act › Part 1. General Provisions › 32-6-106. Unauthorized disclosure of electronic funds transfer records

32-6-106. Unauthorized disclosure of electronic funds transfer records.
(1) A person commits the offense of unauthorized disclosure of electronic funds transfer records if the person has lawful access to the records by virtue of office or employment and:
(a) permits another, who lacks lawful access to the records, to inspect, copy, or read the records; or
(b) transfers the records to another who lacks lawful access to the records.
(2) A person convicted of the offense of unauthorized disclosure of electronic funds transfer records shall be imprisoned in the state prison for any term not to exceed 1 year, be fined not more than $5,000, or be punished by both imprisonment and fine.
History: En. 5-1710 by Sec. 10, Ch. 503, L. 1977; R.C.M. 1947, 5-1710; amd. Sec. 1054, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 6. Electronic Funds Transfer Act › Part 2. Satellite Terminals (Repealed) › 32-6-201. Repealed

32-6-201. Repealed.
Sec. 16, Ch. 265, L. 1995.
History: En. 5-1704 by Sec. 4, Ch. 503, L. 1977; R.C.M. 1947, 5-1704.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 6. Electronic Funds Transfer Act › Part 2. Satellite Terminals (Repealed) › 32-6-202. Repealed

32-6-202. Repealed.
Sec. 16, Ch. 265, L. 1995.
History: En. 5-1705 by Sec. 5, Ch. 503, L. 1977; R.C.M. 1947, 5-1705; amd. Sec. 6, Ch. 322, L. 1989.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 6. Electronic Funds Transfer Act › Part 2. Satellite Terminals (Repealed) › 32-6-203. Repealed

32-6-203. Repealed.
Sec. 16, Ch. 265, L. 1995.
History: En. 5-1707 by Sec. 7, Ch. 503, L. 1977; R.C.M. 1947, 5-1707; amd. Sec. 1, Ch. 205, L. 1983.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 6. Electronic Funds Transfer Act › Part 2. Satellite Terminals (Repealed) › 32-6-204. Repealed

32-6-204. Repealed.
Sec. 16, Ch. 265, L. 1995.
History: En. 5-1708 by Sec. 8, Ch. 503, L. 1977; R.C.M. 1947, 5-1708; amd. Sec. 2, Ch. 205, L. 1983; amd. Sec. 1, Ch. 238, L. 1985; amd. Sec. 7, Ch. 322, L. 1989.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 6. Electronic Funds Transfer Act › Part 3. Operation › 32-6-301. Records of electronic funds transfers

32-6-301. Records of electronic funds transfers.
(1) A satellite terminal must be operated to produce a humanly readable record of any transaction and to provide a copy of this record to the person initiating the transaction as soon as the transaction is complete.
(2) The receipt provided to the person initiating an electronic funds transfer is admissible as evidence in any legal proceeding and constitutes prima facie proof of the transaction that it records.
(3) (a) A financial institution shall provide each of its customers using electronic funds transfer services with a periodic account statement containing a brief description of all electronic funds transfers sufficient to enable the customer to identify any transaction and relate the transaction to the receipt provided under subsection (1).
(b) The periodic account statement description of automated teller machine transactions must include a specific geographic location where each transaction occurred.
(c) When a periodic account statement includes both electronic funds transfers and other transactions, all electronic funds transfers must be identified as such and be furnished in compliance with this subsection (3).
History: En. 5-1711 by Sec. 11, Ch. 503, L. 1977; R.C.M. 1947, 5-1711; amd. Sec. 15, Ch. 265, L. 1995.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 6. Electronic Funds Transfer Act › Part 3. Operation › 32-6-302. Verification of statement -- procedure for discrepancies

32-6-302. Verification of statement -- procedure for discrepancies.
(1) If, upon receipt of a periodic statement of account, a customer of a financial institution believes the statement contains an error with respect to an electronic funds transfer, the customer shall notify the institution within 60 days after the day the institution delivered the statement. In this notification, the customer must be identified and shall set forth the foundation of the customer's belief regarding the error.
(2) Within 10 days after a customer has notified a financial institution of a possible error under subsection (1), the institution shall either:
(a) correct the account in question, giving the customer a description of the correction and if the correction is not in the exact amount of the alleged error, the description must explain the difference; or
(b) after investigating the matter, give the customer an explanation of the reasons the institution believes the statement to be correct. If requested in writing by the customer, a written explanation, documented by the institution's record of the transaction in question, must be furnished to the customer.
(3) A financial institution receiving notice under subsection (1) may not close the account concerning which the dispute exists or restrict transactions in the account affecting the portion not in dispute until it complies with subsection (2). A financial institution that has once complied with subsection (2) with respect to an alleged error is not required to respond under subsection (2) to repeated allegations of the same error.
History: En. 5-1712 by Sec. 12, Ch. 503, L. 1977; R.C.M. 1947, 5-1712; amd. Sec. 1055, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 6. Electronic Funds Transfer Act › Part 3. Operation › 32-6-303. Unauthorized transactions -- liability

32-6-303. Unauthorized transactions -- liability.
(1) A customer whose account is debited by an electronic funds transfer without the customer's authorization is not liable for the amount of the transaction, and the amount must be recredited to the customer's account as provided under 32-6-302 unless:
(a) the financial institution has provided the customer with a unique identification device for initiating electronic funds transfer requests and transactions are made as a result of the theft or loss of that device, in which case the customer is liable for the first $50 of any consequent transactions made prior to the time the financial institution is notified of the loss or theft; or
(b) the financial institution has provided the customer with a unique identification device for initiating, in conjunction with a personal identification number separate from the device, electronic funds transfer requests and the customer attaches the personal identification number to the device by writing or otherwise or in any way makes the number readily available for discovery in connection with the theft or loss of the device and transactions are made as a result of the theft or loss of the device, in which case the customer is liable for one-half the value of all consequent transactions made until the financial institution is notified of the theft or loss.
(2) A customer who willingly gives the customer's unique identification device and personal identification number to another is presumed to have authorized any electronic funds transfers requested by the other person.
(3) A merchant who makes electronic funds transfer services available on the merchant's premises is liable for the amount of an unauthorized electronic funds transfer requested from the premises only if the merchant:
(a) or the merchant's agent is negligent in requiring a user of electronic funds transfer services to furnish adequate self-identification;
(b) fails to retain a physical record of the transaction for 1 year following the transaction; or
(c) breaches the warranty required by subsection (4).
(4) A merchant operating a point-of-sale terminal shall warrant to the financial institution or the department that an order for an electronic funds transfer emanating from the terminal is part of a commercial transaction in which the customer receives goods or services of commensurate value.
(5) The liability for any unauthorized or erroneous electronic funds transfer that does not fall upon a customer or a merchant under this section falls upon the financial institution that carries out the transfer.
History: En. 5-1713 by Sec. 13, Ch. 503, L. 1977; R.C.M. 1947, 5-1713; amd. Sec. 3, Ch. 255, L. 1989; amd. Sec. 1056, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 6. Electronic Funds Transfer Act › Part 3. Operation › 32-6-304. Repealed

32-6-304. Repealed.
Sec. 17, Ch. 117, L. 1997.
History: En. 5-1714 by Sec. 14, Ch. 503, L. 1977; R.C.M. 1947, 5-1714.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 6. Electronic Funds Transfer Act › Part 3. Operation › 32-6-305. Repealed

32-6-305. Repealed.
Sec. 16, Ch. 265, L. 1995.
History: En. 5-1715 by Sec. 15, Ch. 503, L. 1977; R.C.M. 1947, 5-1715; amd. Sec. 4, Ch. 255, L. 1989.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 6. Electronic Funds Transfer Act › Part 3. Operation › 32-6-306. Personal identification number -- restrictions

32-6-306. Personal identification number -- restrictions.
(1) A financial institution may not assign a personal identification number to a customer which is identical to that customer's social security account number, driver's license number, or any other number assigned for other purposes to that customer.
(2) A satellite terminal may not be operated so as to print a customer's personal identification number on the humanly readable receipt furnished at the time of a transaction.
History: En. 5-1716 by Sec. 16, Ch. 503, L. 1977; R.C.M. 1947, 5-1716.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 6. Electronic Funds Transfer Act › Part 3. Operation › 32-6-307. Repealed

32-6-307. Repealed.
Sec. 16, Ch. 265, L. 1995.
History: En. 5-1717 by Sec. 17, Ch. 503, L. 1977; R.C.M. 1947, 5-1717.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 6. Electronic Funds Transfer Act › Part 3. Operation › 32-6-308. Repealed

32-6-308. Repealed.
Sec. 16, Ch. 265, L. 1995.
History: En. 5-1718 by Sec. 18, Ch. 503, L. 1977; R.C.M. 1947, 5-1718.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 6. Electronic Funds Transfer Act › Part 3. Operation › 32-6-309. Repealed

32-6-309. Repealed.
Sec. 16, Ch. 265, L. 1995.
History: En. 5-1719 by Sec. 19, Ch. 503, L. 1977; R.C.M. 1947, 5-1719.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 6. Electronic Funds Transfer Act › Part 4. Regulation and Enforcement (Repealed) › 32-6-401. Repealed

32-6-401. Repealed.
Sec. 17, Ch. 117, L. 1997.
History: En. 5-1720 by Sec. 20, Ch. 503, L. 1977; R.C.M. 1947, 5-1720.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 6. Electronic Funds Transfer Act › Part 4. Regulation and Enforcement (Repealed) › 32-6-402. Repealed

32-6-402. Repealed.
Sec. 17, Ch. 117, L. 1997.
History: En. 5-1721 by Sec. 21, Ch. 503, L. 1977; R.C.M. 1947, 5-1721.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 7. Escrow Businesses › Part 1. Regulation of Escrow Businesses › 32-7-101. Title and purpose

32-7-101. Title and purpose.
(1) This part must be known and may be cited as the "Regulation of Escrow Businesses Act".
(2) It is the intent of the legislature that the escrow industry be supervised and regulated by the department of administration in order to protect the citizens of the state and to provide that the business practices of the escrow industry are fair and orderly among the members of the escrow industry, with due regard to the ultimate consumers in this important area of property protection.
History: En. Sec. 1, Ch. 651, L. 1989; amd. Sec. 102, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 7. Escrow Businesses › Part 1. Regulation of Escrow Businesses › 32-7-102. Definitions

32-7-102. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Department" means the department of administration as provided for in Title 2, chapter 15, part 10.
(2) "Escrow" means any transaction in which one person, for the purpose of effecting the sale, transfer, encumbrance, or lease of real or personal property to another person or for the purpose of making payments under any encumbrance of the property, delivers any written instrument, money, evidence, title to real or personal property, or other thing of value to a third person to be held by that third person until the happening of a specified event or the performance of a prescribed condition, when the instrument, money, evidence, title, or thing of value is to be delivered by the third person to a grantee, grantor, promisee, promisor, obligee, obligor, bailee, or bailor or to any agents or employees pursuant to the written escrow instructions.
(3) "Escrow business" means a commercial activity characterized by the regular and continuous carrying on of escrow transactions.
(4) "Licensee" means a person holding a valid license under this part as an escrow business.
(5) "Person" means an individual, cooperative, association, company, firm, partnership, corporation, or other legal entity.
History: En. Sec. 2, Ch. 651, L. 1989; amd. Sec. 103, Ch. 483, L. 2001; amd. Sec. 1, Ch. 216, L. 2013.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 7. Escrow Businesses › Part 1. Regulation of Escrow Businesses › 32-7-103. Exemptions

32-7-103. Exemptions.
(1) The provisions of this part do not apply to the following:
(a) a person licensed by this state pursuant to Title 37, chapter 61, as an attorney at law who is not actively engaged in the escrow business;
(b) a person licensed by this state pursuant to Title 37, chapter 50, as a public accountant who is not actively engaged in the escrow business;
(c) a person whose principal business is that of preparing abstracts or making searches of title that are used as a basis for the issuance of any title insurance policy by a company doing business under the laws of this state relating to insurance companies and the person is regulated by the commissioner of insurance;
(d) a person licensed pursuant to Title 32, chapter 9, part 1, as a mortgage broker, mortgage lender, or mortgage servicer, except that a licensed mortgage broker, mortgage lender, or mortgage servicer that provides escrow services in relation to contracts, agreements, or transactions besides residential mortgage loan agreements also must be licensed under this part as an escrow business;
(e) a financial institution, as defined in 32-6-103, that has its escrow accounts regularly audited or examined. The financial institution shall supply a copy of the most recently prepared audit or examination to the department upon the department's request.
(f) except as provided in subsection (2), any broker licensed by the Montana board of realty regulation if the broker is performing an act in the course of or incidental to a single real estate transaction for which a real estate license is required;
(g) any person furnishing escrow services under the order of a court; and
(h) a loan closer if the loan closer:
(i) is employed by an exempt financial institution; or
(ii) is an independent contractor acting only as a courier and who does not take possession of the funds for deposit or subsequent disbursement.
(2) A trust account of a broker licensed by the Montana board of realty regulation is not an escrow account within the meaning of this part.
History: En. Sec. 3, Ch. 651, L. 1989; amd. Sec. 1057, Ch. 56, L. 2009; amd. Sec. 3, Ch. 317, L. 2011; amd. Sec. 2, Ch. 216, L. 2013.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 7. Escrow Businesses › Part 1. Regulation of Escrow Businesses › 32-7-104. Exemption or exception -- burden of proof

32-7-104. Exemption or exception -- burden of proof.
In any proceeding under this part, the burden of proving an exemption or exception from a definition is upon the person claiming it.
History: En. Sec. 4, Ch. 651, L. 1989.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 7. Escrow Businesses › Part 1. Regulation of Escrow Businesses › 32-7-108. Department -- powers and duties

32-7-108. Department -- powers and duties.
(1) The department shall exercise general supervision and control over persons doing escrow business in this state.
(2) In addition to the other duties imposed upon the department by law, the department shall:
(a) adopt reasonable rules necessary to effectuate the purposes of this part;
(b) conduct examinations and investigations that may be necessary to determine whether a person has engaged or is about to engage in any act or practice constituting a violation of any provisions of this part;
(c) conduct examinations, investigations, and hearings necessary and proper for the efficient administration of this part; and
(d) establish fees commensurate with the costs of issuing the license and examining an escrow business.
History: En. Sec. 5, Ch. 651, L. 1989; amd. Sec. 1058, Ch. 56, L. 2009; amd. Sec. 3, Ch. 216, L. 2013.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 7. Escrow Businesses › Part 1. Regulation of Escrow Businesses › 32-7-109. Application for license -- bond -- issuance

32-7-109. Application for license -- bond -- issuance.
(1) A person must be licensed pursuant to this part before engaging in an escrow business.
(2) An application for a license must be in the form and submitted in the manner prescribed by the department.
(3) At the time of submitting an application for a license, the applicant shall file with the department a bond in an amount to be set by the department by rule. The bond must be issued by a surety company holding a certificate of authority from the Montana state auditor. The bond must be conditioned on the applicant conducting the escrow business in accordance with the requirements of law. All bonds must be renewed annually.
(4) The department shall grant and issue an escrow business license if:
(a) the department has received the bond and application; and
(b) the applicant has complied with all the application requirements of this part, including any protocols of a nationwide licensing system in which the department participates, and any rules promulgated under this part.
(5) An escrow business shall immediately notify the department of any material change in the information contained in the application.
History: En. Sec. 6, Ch. 651, L. 1989; amd. Sec. 1, Ch. 65, L. 2003; amd. Sec. 7, Ch. 96, L. 2013; amd. Sec. 4, Ch. 216, L. 2013.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 7. Escrow Businesses › Part 1. Regulation of Escrow Businesses › 32-7-110. Fees

32-7-110. Fees.
(1) (a) An applicant for licensure shall pay an initial license fee of $350. The annual license renewal fee is $100. The department may direct that fees charged by the department under this section be remitted to the department through a nationwide licensing system as provided in 32-7-112.
(b) The license year for an escrow business license is January 1 through December 31 and all licenses expire annually on December 31.
(c) A licensee may be charged an examination fee based on the actual costs of the examination.
(2) The department's portion of license fees and all examination fees must be deposited with the state treasurer to the credit of the state special revenue fund for use by the department in its licensure and examination functions under this part.
History: En. Sec. 11, Ch. 651, L. 1989; amd. Sec. 2, Ch. 65, L. 2003; amd. Sec. 5, Ch. 216, L. 2013.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 7. Escrow Businesses › Part 1. Regulation of Escrow Businesses › 32-7-111. Transferability

32-7-111. Transferability.
An escrow business license is not transferable or assignable. The provisions of this section apply to the change of ownership of a legal entity licensed as an escrow business under this part if the change of ownership involves a change of control in the entity. For purposes of this section, "change of control" means the transfer of 25% or more of the ownership interests in the entity.
History: En. Sec. 7, Ch. 651, L. 1989; amd. Sec. 6, Ch. 216, L. 2013.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 7. Escrow Businesses › Part 1. Regulation of Escrow Businesses › 32-7-112. Department authority to utilize nationwide licensing system for licensing escrow businesses

32-7-112. Department authority to utilize nationwide licensing system for licensing escrow businesses.
(1) The department may participate in a nationwide licensing system for licensing purposes under this part and may require escrow businesses to apply for licensure, in the manner that the department may direct, on application forms approved by the nationwide licensing system.
(2) The department may establish rules that are necessary to comply with the nationwide licensing system protocols and procedures pertaining to fees, renewal dates, amending or surrendering a license, and any other activity necessary for participation in the nationwide licensing system.
(3) The department's portion of the licensing fees collected by the nationwide licensing system must be deposited into the department's account in the state special revenue fund for use in the administration of this part.
History: En. Sec. 12, Ch. 216, L. 2013.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 7. Escrow Businesses › Part 1. Regulation of Escrow Businesses › 32-7-115. Maintenance of records

32-7-115. Maintenance of records.
(1) A licensee shall establish and maintain the books, accounts, and records necessary to enable the department at any time to determine whether the escrow transactions performed by the licensee comply with the provisions of this part. The books, accounts, and records must be maintained in accordance with generally accepted accounting principles and good business practice.
(2) A licensee shall establish and maintain the following records concerning general accounts:
(a) a general record reflecting the assets, liabilities, capital, income, and expense of the business, maintained in accordance with generally accepted accounting principles;
(b) a cash receipt and disbursement journal; and
(c) a reconciliation of monthly statements to the general record.
(3) The records referred to in subsections (1) and (2) must be reconciled at least once each month with the bank statements reflecting each escrow account.
(4) A licensee shall preserve for at least 3 years after the close of any escrow:
(a) all bank statements reflecting each escrow account and records of monthly reconciliations of the statements to the general record;
(b) all canceled checks drawn on each escrow account;
(c) any additional records reflecting banking transactions regarding each escrow account, including copies of all receipts for funds transferred from other accounts into each escrow account;
(d) all statements of account;
(e) all escrow instructions and amendments to them; and
(f) all additional records pertinent to each escrow transaction.
(5) A licensee shall file annually with the department by a date set by the department by rule a statement of the licensee's financial condition as of December 31 of the preceding calendar year and its transactions and escrow activities during that preceding calendar year concerning consumers in this state. The financial statement must be reviewed by an independent public accountant every odd-numbered year and must be in a form and contain the information that the department requires.
History: En. Sec. 8, Ch. 651, L. 1989; amd. Sec. 7, Ch. 216, L. 2013; amd. Sec. 1, Ch. 32, L. 2019.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 7. Escrow Businesses › Part 1. Regulation of Escrow Businesses › 32-7-116. Statement of account

32-7-116. Statement of account.
A licensee shall provide a full statement of an escrow account established under an escrow agreement within 14 days of a written request made by a party to the escrow agreement. The statement must state:
(1) credits to principal;
(2) interest earned for the period; and
(3) other information requested.
History: En. Sec. 9, Ch. 651, L. 1989.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 7. Escrow Businesses › Part 1. Regulation of Escrow Businesses › 32-7-117. Deposit of funds required -- disbursement

32-7-117. Deposit of funds required -- disbursement.
(1) All money deposited in an escrow to be delivered upon the close of the escrow or upon any other contingency must be deposited with a financial institution, as defined in 32-6-103, doing business in this state and must be kept separate, distinct, and apart from funds belonging to the escrow business. The funds, when deposited, must be designated as "escrow accounts" or given some other appropriate designation indicating that the funds are not the funds of the escrow business.
(2) A person may not knowingly keep or cause to be kept any funds or money with a financial institution, as defined in 32-6-103, under the heading of "escrow accounts" or any other name designating the funds or money as belonging to the clients of any escrow business, except actual escrow funds deposited with the escrow business.
(3) Escrow funds are not subject to execution or attachment on any claim against the escrow business.
(4) Any interest received on funds deposited with an escrow business in connection with any escrow that is deposited in an authorized depository must be paid over to the depositing party to the escrow account and may not be transferred to an account of the escrow business. This section does not limit or restrain the right of the depositing party to contract with respect to the interest received on the deposits by an independent agreement.
(5) An escrow business may not disburse funds from any escrow account until cash, items, or drafts in an amount sufficient to fund any disbursements from the account have been received and deposited in the account and are available for withdrawal from the account as a matter of right. If sufficient funds are available for withdrawal from the account as a matter of right, required disbursements must be made within 5 business days of the receipt of sufficient funds. For the purposes of this subsection (5), the following definitions apply:
(a) "Available for withdrawal from the account as a matter of right" means that the bank or savings and loan association in which an item has been deposited considers the item available for withdrawal as a matter of right and that a final settlement will occur in writing with respect to that item.
(b) "Item" means any check, including a cashier's check, negotiable order of withdrawal, share draft, traveler's check, or money order.
History: En. Sec. 10, Ch. 651, L. 1989; amd. Sec. 3, Ch. 65, L. 2003.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 7. Escrow Businesses › Part 1. Regulation of Escrow Businesses › 32-7-121. Unauthorized business practices -- penalty

32-7-121. Unauthorized business practices -- penalty.
Unauthorized business practices of escrow businesses include but are not limited to the following:
(1) issuing, circulating, making use of, or publishing, by any means of communication, an advertisement indicating that a person is in the escrow business if that person is not a licensed escrow business;
(2) soliciting or accepting an escrow instruction or amended or supplemental escrow instruction containing any blank to be filled in after the signing or initialing of the escrow instruction or permitting any person to make any addition to, deletion from, or alteration of an escrow instruction or amended or supplemental escrow instruction unless the addition, deletion, or alteration is signed or initialed by the affected party who signed or initialed the escrow instruction or amended or supplemental escrow instruction prior to the addition, deletion, or alteration;
(3) failing to carry out the escrow transactions pursuant to the written escrow instructions unless amended by the written agreement of all parties to the escrow agreement or their assigns;
(4) accepting any escrow transaction that requires or has required the prepayment, deduction, or withholding of any sum to cover payments on the indebtedness or any prior encumbrance if the payments are not due and payable to the mortgagee or obligee at the time the escrow is established. However, payments may be made on property taxes for the current year or for the next annual premium on hazard insurance.
(5) refusing to allow parties to an escrow transaction or designated agents of those parties access to the records of the escrow transaction; and
(6) failing to promptly distribute funds pursuant to escrow instructions.
History: En. Sec. 12, Ch. 651, L. 1989; amd. Sec. 8, Ch. 216, L. 2013.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 7. Escrow Businesses › Part 1. Regulation of Escrow Businesses › 32-7-122. Investigations by department -- desist order -- injunctions or other actions

32-7-122. Investigations by department -- desist order -- injunctions or other actions.
(1) The department may investigate, upon complaint or otherwise, if it appears that:
(a) an escrow business is conducting its business in an unsafe and injurious manner or in violation of this part or any rule promulgated pursuant to this part; or
(b) a person is engaging in the escrow business without being licensed under the provisions of this part.
(2) (a) If it appears to the department, upon sufficient grounds or evidence satisfactory to the department, that an escrow business has engaged in or is about to engage in unlicensed activity or any act or practice in violation of this part or any rule or order issued pursuant to this part or that the assets or capital of any escrow business or company are impaired or the licensee's affairs are in an unsafe condition, the department may summarily order the escrow business to cease and desist from the act or practice or the department may apply to the district court of Lewis and Clark County to enjoin the act or practice and to enforce compliance with this part or for any other appropriate equitable relief.
(b) Upon a proper showing, the court may:
(i) grant a temporary restraining order, followed by a preliminary injunction and a permanent injunction;
(ii) appoint a receiver for the defendant or defendant's assets;
(iii) cancel the licensee's license; and
(iv) order other equitable remedies the court considers necessary and appropriate.
(3) The court may not require the department to post a bond.
History: En. Sec. 13, Ch. 651, L. 1989; amd. Sec. 9, Ch. 216, L. 2013.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 7. Escrow Businesses › Part 1. Regulation of Escrow Businesses › 32-7-123. Subpoenas -- oaths -- examinations of witness and evidence

32-7-123. Subpoenas -- oaths -- examinations of witness and evidence.
(1) In the conduct of any examination, investigation, or hearing, the department may:
(a) compel the attendance of any person or obtain any documents by subpoena;
(b) administer oaths;
(c) examine any person under oath concerning the business and conduct of affairs of any person subject to the provisions of this part; and
(d) require the production of any books, records, or papers relevant to the inquiry.
(2) If a person refuses to obey a subpoena issued to the department, the district court of Lewis and Clark County or other district court having proper venue, upon application by the department, may order the person to produce documentary evidence or to give evidence relating to the matter under investigation or in question. If a person fails to obey the order of the court, the person may be punished by the court as contempt of court.
History: En. Sec. 14, Ch. 651, L. 1989; amd. Sec. 10, Ch. 216, L. 2013.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 7. Escrow Businesses › Part 1. Regulation of Escrow Businesses › 32-7-124. Hearings -- penalties

32-7-124. Hearings -- penalties.
(1) The department may impose a civil penalty not to exceed $1,000 for each violation if the department finds, after providing a 14-day written notice of alleged violations and opportunity for administrative hearing, that any person, any licensee, or any officer, agent, employee, or representative of the person or licensee, whether licensed or unlicensed, has:
(a) violated any of the provisions of this part;
(b) failed to comply with the rules or orders promulgated by the department;
(c) failed or refused to make required reports to the department;
(d) furnished false information to the department; or
(e) operated without a required license.
(2) The department may issue an order requiring restitution to parties and reimbursement of the department's costs of bringing an administrative action. In addition, the department may issue an order revoking, conditioning, or suspending the right of the licensee, directly or through another, to engage in escrow business activities in this state.
(3) All hearing schedules and orders must be mailed to the person or licensee by certified mail to the address for which the license was issued or, in the case of an unlicensed business, to the last-known address of record.
(4) For purposes of this part, the department is considered to have complied with the requirements of law concerning service of process by sending by common courier with tracking capability any notice required under this part, postage prepaid and addressed to:
(a) the last-known address of the licensee's registered agent for service of process on file with the department;
(b) the last-known address of the licensee on file with the department for an in-state licensee; or
(c) the last-known address of an unlicensed person.
(5) In a judicial action, suit, or proceeding arising under this part or any administrative rule adopted pursuant to this part between the department and a licensee who does not maintain a physical office in this state, venue is in the district court of Lewis and Clark County.
(6) The provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a contested case brought under this part.
History: En. Sec. 15, Ch. 651, L. 1989; amd. Sec. 11, Ch. 216, L. 2013; amd. Sec. 2, Ch. 32, L. 2019.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 1. General Provisions -- Definitions (Repealed) › 32-8-101. Repealed

32-8-101. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 2, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 1. General Provisions -- Definitions (Repealed) › 32-8-102. Repealed

32-8-102. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 1, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 1. General Provisions -- Definitions (Repealed) › 32-8-103. Repealed

32-8-103. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 3, Ch. 382, L. 1997; amd. Sec. 104, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 1. General Provisions -- Definitions (Repealed) › 32-8-104. Repealed

32-8-104. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 4, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 1. General Provisions -- Definitions (Repealed) › 32-8-105. Repealed

32-8-105. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 5, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 1. General Provisions -- Definitions (Repealed) › 32-8-106. Repealed

32-8-106. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 6, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 1. General Provisions -- Definitions (Repealed) › 32-8-107. Repealed

32-8-107. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 7, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 2. Charter -- Application -- Fee (Repealed) › 32-8-201. Repealed

32-8-201. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 8, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 2. Charter -- Application -- Fee (Repealed) › 32-8-202. Repealed

32-8-202. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 9, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 2. Charter -- Application -- Fee (Repealed) › 32-8-203. Repealed

32-8-203. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 10, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 2. Charter -- Application -- Fee (Repealed) › 32-8-204. Repealed

32-8-204. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 11, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 2. Charter -- Application -- Fee (Repealed) › 32-8-205. Repealed

32-8-205. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 12, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 3. Regulation and Supervision -- Depository Account and Services (Repealed) › 32-8-301. Repealed

32-8-301. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 13, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 3. Regulation and Supervision -- Depository Account and Services (Repealed) › 32-8-302. Repealed

32-8-302. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 14, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 3. Regulation and Supervision -- Depository Account and Services (Repealed) › 32-8-303. Repealed

32-8-303. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 15, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 3. Regulation and Supervision -- Depository Account and Services (Repealed) › 32-8-304. Repealed

32-8-304. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 16, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 3. Regulation and Supervision -- Depository Account and Services (Repealed) › 32-8-306. Repealed

32-8-306. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 17, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 3. Regulation and Supervision -- Depository Account and Services (Repealed) › 32-8-308. Repealed

32-8-308. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 18, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 3. Regulation and Supervision -- Depository Account and Services (Repealed) › 32-8-309. Repealed

32-8-309. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 19, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 3. Regulation and Supervision -- Depository Account and Services (Repealed) › 32-8-311. Repealed

32-8-311. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 20, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 3. Regulation and Supervision -- Depository Account and Services (Repealed) › 32-8-312. Repealed

32-8-312. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 21, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 3. Regulation and Supervision -- Depository Account and Services (Repealed) › 32-8-314. Repealed

32-8-314. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 22, Ch. 382, L. 1997; amd. Sec. 68, Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 3. Regulation and Supervision -- Depository Account and Services (Repealed) › 32-8-315. Repealed

32-8-315. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 23, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 3. Regulation and Supervision -- Depository Account and Services (Repealed) › 32-8-316. Repealed

32-8-316. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 24, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 4. Precious Metals Accounts (Repealed) › 32-8-401. Repealed

32-8-401. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 25, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 4. Precious Metals Accounts (Repealed) › 32-8-402. Repealed

32-8-402. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 26, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 4. Precious Metals Accounts (Repealed) › 32-8-403. Repealed

32-8-403. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 27, Ch. 382, L. 1997; amd. Sec. 69, Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 4. Precious Metals Accounts (Repealed) › 32-8-404. Repealed

32-8-404. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 28, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 5. Financial Privacy (Repealed) › 32-8-501. Repealed

32-8-501. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 29, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 5. Financial Privacy (Repealed) › 32-8-502. Repealed

32-8-502. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 30, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 5. Financial Privacy (Repealed) › 32-8-503. Repealed

32-8-503. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 31, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 5. Financial Privacy (Repealed) › 32-8-504. Repealed

32-8-504. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 32, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 5. Financial Privacy (Repealed) › 32-8-505. Repealed

32-8-505. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 33, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 5. Financial Privacy (Repealed) › 32-8-506. Repealed

32-8-506. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 34, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 5. Financial Privacy (Repealed) › 32-8-507. Repealed

32-8-507. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 35, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 5. Financial Privacy (Repealed) › 32-8-508. Repealed

32-8-508. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 36, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 5. Financial Privacy (Repealed) › 32-8-509. Repealed

32-8-509. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 37, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 5. Financial Privacy (Repealed) › 32-8-510. Repealed

32-8-510. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 38, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 5. Financial Privacy (Repealed) › 32-8-515. Repealed

32-8-515. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 39, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 5. Financial Privacy (Repealed) › 32-8-516. Repealed

32-8-516. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 40, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 5. Financial Privacy (Repealed) › 32-8-517. Repealed

32-8-517. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 41, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 5. Financial Privacy (Repealed) › 32-8-518. Repealed

32-8-518. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 42, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 5. Financial Privacy (Repealed) › 32-8-521. Repealed

32-8-521. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 43, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 8. Montana Foreign Capital Depository Act (Repealed) › Part 5. Financial Privacy (Repealed) › 32-8-522. Repealed

32-8-522. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 44, Ch. 382, L. 1997.