reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 10. Securities Regulation › Part 9. Montana Living Trust Act › 30-10-905. Administration

30-10-905. Administration.
(1) The administration of the provisions of this part is under the general supervision and control of the state auditor. The state auditor shall adopt forms and rules necessary to implement this part.
(2) A document is filed when it is received by the state auditor. The state auditor shall keep a register of all applications for licenses to offer and sell living trusts in this state. The register must be open for public inspection. The information contained in or filed with an application must be made available to the public.
(3) Upon request and at a reasonable charge, the state auditor shall furnish to any person photostatic or other copies, certified under the seal of office if requested, of any entry in the register or any document filed with the state auditor that is a matter of public record. In any proceeding or prosecution under this part, a certified copy is prima facie evidence of the contents of the entry or document certified.
(4) A person who has received a license to offer and sell living trusts in this state shall make and keep accounts and other records as required by the state auditor. The records are subject at any time to reasonable periodic, special, or other examination, within or outside this state, by representatives of the state auditor if necessary to protect the public interest or for the protection of consumers.
History: En. Sec. 5, Ch. 348, L. 1997.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 10. Securities Regulation › Part 9. Montana Living Trust Act › 30-10-906. Scope

30-10-906. Scope.
This part applies to any person who sells or offers to sell a living trust in this state or when an offer to buy a living trust is made and accepted in this state. An offer to sell or buy is made in this state, whether or not either party is then present in this state, if the offer either originates in this state or is directed by the offeror to this state and is received at the place to which it is directed or at any post office in this state in the case of a mailed offer.
History: En. Sec. 6, Ch. 348, L. 1997.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 10. Securities Regulation › Part 9. Montana Living Trust Act › 30-10-907. Fines and fees -- deposit to general fund

30-10-907. Fines and fees -- deposit to general fund.
All fines and fees received by the state auditor pursuant to this part must be deposited in the general fund. If, in any year, the fines and fees do not cover the cost of administering this part, the state auditor may increase the fees by rule to the extent necessary to cover the expected costs of administering this part for the following year.
History: En. Sec. 7, Ch. 348, L. 1997.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 10. Securities Regulation › Part 9. Montana Living Trust Act › 30-10-908. Consent to service of process -- manner of service

30-10-908. Consent to service of process -- manner of service.
(1) An applicant under this part shall file with the state auditor, in the form the state auditor prescribes, an irrevocable consent appointing the state auditor as the applicant's agent for the purpose of receiving 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 this part or any rule or order adopted or issued pursuant to this part. Service on the state auditor has the same force and validity as if served personally on the applicant or the applicant's successor, executor, or administrator.
(2) Service may be made by leaving a copy of the process in the office of the state auditor, but service is not effective unless:
(a) the plaintiff sends notice of the service and a copy of the process by certified mail to the defendant or respondent at the defendant's or respondent's last address on file with the state auditor; 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 at a later date as the court allows.
History: En. Sec. 8, Ch. 348, L. 1997.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 10. Securities Regulation › Part 9. Montana Living Trust Act › 30-10-909. Fraudulent and other prohibited practices

30-10-909. Fraudulent and other prohibited practices.
It is unlawful for a person, in connection with the offer or sale of any living trust, directly or indirectly, in, into, or from this state, to:
(1) employ any device, scheme, or artifice to defraud;
(2) make any untrue statement of a material fact;
(3) fail to state a material fact necessary to render any statement made not misleading; or
(4) engage in any other act, practice, or course of business that operates or would operate as a fraud or deceit upon any person.
History: En. Sec. 9, Ch. 348, L. 1997; amd. Sec. 1, Ch. 513, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 10. Securities Regulation › Part 9. Montana Living Trust Act › 30-10-910. Misleading filings

30-10-910. Misleading filings.
It is unlawful for a person to knowingly make or cause to be made a materially false or misleading statement in any document filed with the state auditor or in any proceeding under this part.
History: En. Sec. 10, Ch. 348, L. 1997.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 10. Securities Regulation › Part 9. Montana Living Trust Act › 30-10-911. Unlawful representation concerning approval of application

30-10-911. Unlawful representation concerning approval of application.
The fact that an application for a license to offer or sell living trusts has been filed or approved in this state does not constitute a finding by the state auditor that any document filed under this part is true, complete, and not misleading. The state auditor's approval of an application for a license to offer or sell a living trust may not be construed as a determination of the merits of any transaction or a recommendation of any person or transaction. It is unlawful to make or cause to be made to any prospective purchaser, customer, or client any representation inconsistent with this section.
History: En. Sec. 11, Ch. 348, L. 1997.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 10. Securities Regulation › Part 9. Montana Living Trust Act › 30-10-912. Investigations and subpoenas

30-10-912. Investigations and subpoenas.
(1) The state auditor may:
(a) issue subpoenas, compel testimony, and conduct hearings as provided in Title 2, chapter 4, parts 1 and 6;
(b) make public or private investigations or examinations within or outside this state that the state auditor considers necessary to:
(i) determine whether a license to sell or offer to sell living trusts should be granted, denied, or revoked;
(ii) determine whether a person has violated or is about to violate a provision of this part or any rule or order adopted or issued pursuant to this part; or
(iii) aid in the enforcement of this part or in the prescribing of rules and forms under this part;
(c) require or permit a person to file a statement in writing, under oath or otherwise as the state auditor may determine, relating to the facts and circumstances concerning a matter to be investigated; and
(d) publish information concerning a violation of this part or any rule or order adopted or issued pursuant to this part.
(2) A person is not excused from attending a hearing or from producing a document or record before the state auditor or in obedience to a subpoena of the state auditor or any officer designated by the state auditor or pursuant to any proceeding instituted by the state auditor on the ground that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate or subject the person to a penalty or forfeiture. This section does not prohibit the state auditor from granting immunity from prosecution for any transaction, matter, or thing concerning which a witness is compelled to testify if the state auditor determines, in the state auditor's discretion, that justice would be served. Immunity may not extend to prosecution or punishment for false statements given pursuant to the subpoena.
History: En. Sec. 12, Ch. 348, L. 1997.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 10. Securities Regulation › Part 9. Montana Living Trust Act › 30-10-914. Judicial review of orders

30-10-914. Judicial review of orders.
A person aggrieved by a final order of the state auditor may obtain judicial review of the order as provided in Title 2, chapter 4, part 7.
History: En. Sec. 14, Ch. 348, L. 1997.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 10. Securities Regulation › Part 9. Montana Living Trust Act › 30-10-915. Civil liabilities -- limitations on actions

30-10-915. Civil liabilities -- limitations on actions.
(1) A person who offers or sells a living trust in violation of 30-10-904 or offers or sells a living trust by means of fraud or misrepresentation is liable to the person buying the living trust, who may sue either at law or in equity to recover the consideration paid for the living trust, together with interest, at 10% a year from the date of payment, costs, and reasonable attorney fees.
(2) A person who directly or indirectly controls an offeror or seller who is liable under subsection (1) or a partner, officer, director, associate, or employee of the offeror or seller who participates or materially aids in the offer or sale is liable jointly and severally with the offeror or seller if the nonseller knew or in the exercise of reasonable care should have known of the violation. Contribution may be required among liable persons.
(3) A person who has made or engaged in the performance of a contract in violation of any provision of this part or any rule or order adopted or issued pursuant to this part or who has acquired any purported right under the contract with knowledge of the violation may not base any suit on the contract. Any condition, stipulation, or provision binding a person acquiring a living trust to waive compliance with any provision of this part or any rule or order adopted pursuant to this part is void as against public policy and the public interest.
(4) (a) Except as provided in subsection (4)(b), an action may not be maintained under this section to enforce any liability founded on a violation of 30-10-904, fraud, or misrepresentation unless it is brought within 2 years after discovery of the violation or after the time the discovery should have been made by the exercise of reasonable diligence.
(b) An action may not be maintained under this section to enforce any liability unless it is brought within 5 years after the transaction on which the action is based.
History: En. Sec. 15, Ch. 348, L. 1997.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 10. Securities Regulation › Part 10. Securities Restitution Assistance Fund › 30-10-1001. Short title

30-10-1001. (Temporary) Short title.
This part may be cited as the "Securities Restitution Assistance Fund Act of Montana". (Terminates June 30, 2027--secs. 3, 4, Ch. 404, L. 2021.)
History: En. Sec. 1, Ch. 58, L. 2011.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 10. Securities Regulation › Part 10. Securities Restitution Assistance Fund › 30-10-1002. Purpose

30-10-1002. (Temporary) Purpose.
The purpose of this part is to provide restitution assistance to victims who:
(1) were awarded restitution in a final order issued by the commissioner or were awarded restitution in the final order in a legal action initiated by the commissioner; and
(2) have not received the full amount of restitution ordered before the application for restitution assistance is due. (Terminates June 30, 2027--secs. 3, 4, Ch. 404, L. 2021.)
History: En. Sec. 2, Ch. 58, L. 2011.
2023 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.
2023 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.
(5) Whenever a claimant is paid from the securities restitution assistance fund pursuant to this part, the securities restitution assistance fund is subrogated, to the extent of the payment to the claimant, to the rights of the claimant to any restitution ordered by the court beyond the amount that would make the claimant whole. The commissioner may, on behalf of the securities restitution assistance fund, file any document in a court of competent jurisdiction to enforce this right. (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; amd. Sec. 3, Ch. 157, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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) "Commissioner" has the meaning provided in 30-10-103.
(2) (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.
(3) "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.
(4) "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; amd. Sec. 7, Ch. 166, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 1. Sales and Exchanges › 30-11-110. Form of covenants

30-11-110. Form of covenants.
The covenants mentioned in 30-11-109 must be in substance as follows:
"The party of the first part covenants with the party of the second part that the party of the first part is now seized in fee simple of the property granted; that the party of the second part shall enjoy the property without any lawful disturbance; that the property is free from all encumbrances; that the party of the first part and all persons acquiring any interest in the property through or for the party of the first part will, on demand, execute and deliver to the party of the second part, at the expense of the party of the second part, any further assurance of the property that may be reasonably required; and that the party of the first part will warrant to the party of the second part all the property against every person lawfully claiming the property."
History: En. Sec. 2327, Civ. C. 1895; re-en. Sec. 5088, Rev. C. 1907; re-en. Sec. 7590, R.C.M. 1921; Cal. Civ. C. Sec. 1734; Field Civ. C. Sec. 864; re-en. Sec. 7590, R.C.M. 1935; R.C.M. 1947, 74-110; amd. Sec. 907, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 1. Sales and Exchanges › 30-11-111. Contract for sale of real property

30-11-111. Contract for sale of real property.
An agreement for the sale of real property or of any interest in real property is not valid unless the agreement, or some note or memorandum of the agreement, is in writing and subscribed by the party to be charged or the party's agent authorized in writing. However, this does not abridge the power of any court to compel the specific performance of any agreement for the sale of real property in case of part performance of the agreement.
History: En. Sec. 2342, Civ. C. 1895; re-en. Sec. 5091, Rev. C. 1907; re-en. Sec. 7593, R.C.M. 1921; Cal. Civ. C. Sec. 1741; Based on Field Civ. C. Sec. 867; re-en. Sec. 7593, R.C.M. 1935; R.C.M. 1947, 74-203; amd. Sec. 908, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 1. Sales and Exchanges › 30-11-112. Exchange defined

30-11-112. Exchange defined.
Exchange is a contract by which the parties mutually give or agree to give one thing for another, neither thing nor both things being money only.
History: En. Sec. 2430, Civ. C. 1895; re-en. Sec. 5129, Rev. C. 1907; re-en. Sec. 7632, R.C.M. 1921; Cal. Civ. C. Sec. 1804; Field Civ. C. Sec. 903; re-en. Sec. 7632, R.C.M. 1935; R.C.M. 1947, 74-501.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 1. Sales and Exchanges › 30-11-113. Sale equivalent to exchange

30-11-113. Sale equivalent to exchange.
The provisions of the sections on sale apply to exchanges. Each party has the rights and obligations of a seller as to the thing that the party gives and of a buyer as to that which the party takes.
History: En. Sec. 2432, Civ. C. 1895; re-en. Sec. 5131, Rev. C. 1907; re-en. Sec. 7634, R.C.M. 1921; Cal. Civ. C. Sec. 1806; Field Civ. C. Sec. 905; re-en. Sec. 7634, R.C.M. 1935; R.C.M. 1947, 74-503; amd. Sec. 909, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 1. Sales and Exchanges › 30-11-114. Warranty of money

30-11-114. Warranty of money.
On an exchange of money, each party warrants the genuineness of the money given by the party.
History: En. Sec. 2433, Civ. C. 1895; re-en. Sec. 5132, Rev. C. 1907; re-en. Sec. 7635, R.C.M. 1921; Cal. Civ. C. Sec. 1807; Field Civ. C. Sec. 906; re-en. Sec. 7635, R.C.M. 1935; R.C.M. 1947, 74-504; amd. Sec. 910, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 1. Sales and Exchanges › 30-11-115. Uniform Commercial Code overrides

30-11-115. Uniform Commercial Code overrides.
The provisions of this part do not apply to exchanges subject to the Uniform Commercial Code.
History: En. 74-505 by Sec. 11-151, Ch. 264, L. 1963; R.C.M. 1947, 74-505; amd. Sec. 5, Ch. 137, L. 1979.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-201. When seller must act as depositary

30-11-201. When seller must act as depositary.
After personal property has been sold and until the delivery is completed, the seller has the rights and obligations of a depositary for hire, except that the seller shall keep the property, without charge, until the buyer has had a reasonable opportunity to remove it.
History: En. Sec. 2350, Civ. C. 1895; re-en. Sec. 5095, Rev. C. 1907; re-en. Sec. 7598, R.C.M. 1921; Cal. Civ. C. Sec. 1748; Field Civ. C. Sec. 869; re-en. Sec. 7598; R.C.M. 1935; R.C.M. 1947, 74-301; amd. Sec. 911, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-202. When seller may resell

30-11-202. When seller may resell.
If a buyer of personal property does not pay for it according to contract and it remains in the possession of the seller after payment is due, the seller may rescind the sale or may enforce the seller's lien for the price in the manner prescribed by the law on liens.
History: En. Sec. 2351, Civ. C. 1895; re-en. Sec. 5096, Rev. C. 1907; re-en. Sec. 7599, R.C.M. 1921; Cal. Civ. C. Sec. 1749; Field Civ. C. Sec. 870; re-en. Sec. 7599, R.C.M. 1935; R.C.M. 1947, 74-302; amd. Sec. 912, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-203. Delivery on demand

30-11-203. Delivery on demand.
A person who sells personal property, whether it was in the person's possession at the time of sale or not, shall put it into a condition fit for delivery and deliver it to the buyer within a reasonable time after demand, unless the person has a lien on the property.
History: En. Sec. 2360, Civ. C. 1895; re-en. Sec. 5097, Rev. C. 1907; re-en. Sec. 7600, R.C.M. 1921; Cal. Civ. C. Sec. 1753; Field Civ. C. Sec. 871; re-en. Sec. 7600, R.C.M. 1935; R.C.M. 1947, 74-303; amd. Sec. 913, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-204. Delivery -- where made

30-11-204. Delivery -- where made.
Personal property sold is deliverable at the place where it is at the time of the sale or agreement to sell, or if it is not then in existence, it is deliverable at the place where it is produced.
History: En. Sec. 2361, Civ. C. 1895; re-en. Sec. 5098, Rev. C. 1907; re-en. Sec. 7601, R.C.M. 1921; Cal. Civ. C. Sec. 1754; Field Civ. C. Sec. 872; re-en. Sec. 7601, R.C.M. 1935; R.C.M. 1947, 74-304.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-205. Expense of transportation

30-11-205. Expense of transportation.
A person who sells personal property shall bring it to the person's own door or another convenient place for its acceptance by the buyer, but further transportation is at the risk and expense of the buyer.
History: En. Sec. 2362, Civ. C. 1895; re-en. Sec. 5099, Rev. C. 1907; re-en. Sec. 7602, R.C.M. 1921; Cal. Civ. C. Sec. 1755; Field Civ. C. Sec. 873; re-en. Sec. 7602, R.C.M. 1935; R.C.M. 1947, 74-305; amd. Sec. 914, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-206. Notice of election as to delivery

30-11-206. Notice of election as to delivery.
When either party to a contract of sale has an option as to the time, place, or manner of delivery, the party shall give the other party reasonable notice of the party's choice. If the party does not give notice within a reasonable time, the right of option is waived.
History: En. Sec. 2363, Civ. C. 1895; re-en. Sec. 5100, Rev. C. 1907; re-en. Sec. 7603, R.C.M. 1921; Cal. Civ. C. Sec. 1756; Field Civ. C. Sec. 874; re-en. Sec. 7603, R.C.M. 1935; R.C.M. 1947, 74-306; amd. Sec. 915, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-207. Transportation

30-11-207. Transportation.
If a seller agrees to send the thing sold to the buyer, the seller shall follow the directions of the buyer as to the manner of sending or it will be at the seller's own risk during its transportation. If the seller follows the directions or if, in the absence of special directions, the seller uses ordinary care in forwarding the thing, it is at the risk of the buyer.
History: En. Sec. 2364, Civ. C. 1895; re-en. Sec. 5101, Rev. C. 1907; re-en. Sec. 7604, R.C.M. 1921; Cal. Civ. C. Sec. 1757; Field Civ. C. Sec. 875; re-en. Sec. 7604, R.C.M. 1935; R.C.M. 1947, 74-307; amd. Sec. 916, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-208. Delivery to be within reasonable hours

30-11-208. Delivery to be within reasonable hours.
The delivery of a thing sold can be offered or demanded only within reasonable hours of the day.
History: En. Sec. 2365, Civ. C. 1895; re-en. Sec. 5102, Rev. C. 1907; re-en. Sec. 7605, R.C.M. 1921; Cal. Civ. C. Sec. 1758; Field Civ. C. Sec. 876; re-en. Sec. 7605, R.C.M. 1935; R.C.M. 1947, 74-308.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-209. Warranty defined

30-11-209. Warranty defined.
A warranty is an engagement by which a seller assures to a buyer the existence of some fact affecting the transaction, whether past, present, or future.
History: En. Sec. 2370, Civ. C. 1895; re-en. Sec. 5103, Rev. C. 1907; re-en. Sec. 7606, R.C.M. 1921; Cal. Civ. C. Sec. 1763; Field Civ. C. Sec. 877; re-en. Sec. 7606, R.C.M. 1935; R.C.M. 1947, 74-309.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-210. No implied warranty in mere contract of sale

30-11-210. No implied warranty in mere contract of sale.
Except as prescribed by this part, a mere contract of sale or agreement to sell does not imply a warranty.
History: En. Sec. 2371, Civ. C. 1895; re-en. Sec. 5104, Rev. C. 1907; re-en. Sec. 7607, R.C.M. 1921; Cal. Civ. C. Sec. 1764; Field Civ. C. Sec. 878; re-en. Sec. 7607, R.C.M. 1935; R.C.M. 1947, 74-310.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-211. Warranty of title to personal property

30-11-211. Warranty of title to personal property.
A person who sells or agrees to sell personal property as the person's own warrants that the person has a good and unencumbered title to the property.
History: En. Sec. 2372, Civ. C. 1895; re-en. Sec. 5105, Rev. C. 1907; re-en. Sec. 7608, R.C.M. 1921; Cal. Civ. C. Sec. 1765; Field Civ. C. Sec. 879; re-en. Sec. 7608, R.C.M. 1935; R.C.M. 1947, 74-311; amd. Sec. 917, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-212. Warranty on sale by sample

30-11-212. Warranty on sale by sample.
One who sells or agrees to sell goods by sample thereby warrants the bulk to be equal to the sample.
History: En. Sec. 2373, Civ. C. 1895; re-en. Sec. 5106, Rev. C. 1907; re-en. Sec. 7609, R.C.M. 1921; Cal. Civ. C. Sec. 1766; Field Civ. C. Sec. 880; re-en. Sec. 7609, R.C.M. 1935; R.C.M. 1947, 74-312.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-213. Warranty when seller knows that buyer relies on seller's statements

30-11-213. Warranty when seller knows that buyer relies on seller's statements.
A person who sells or agrees to sell personal property knowing that the buyer relies upon the person's advice or judgment warrants to the buyer that neither the seller nor any agent employed by the seller in the transaction knows the existence of any fact concerning the thing sold that would, to the seller's knowledge, destroy the buyer's inducement to buy.
History: En. Sec. 2374, Civ. C. 1895; re-en. Sec. 5107, Rev. C. 1907; re-en. Sec. 7610, R.C.M. 1921; Cal. Civ. C. Sec. 1767; Field Civ. C. Sec. 881; re-en. Sec. 7610, R.C.M. 1935; R.C.M. 1947, 74-313; amd. Sec. 918, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 11. Sales › Part 2. Seller's Responsibilities › 30-11-214. Warranty when merchandise not in existence

30-11-214. Warranty when merchandise not in existence.
One who agrees to sell merchandise not then in existence thereby warrants that it shall be sound and merchantable at the place of production contemplated by the parties and as nearly so at the place of delivery as can be secured by reasonable care.
History: En. Sec. 2375, Civ. C. 1895; re-en. Sec. 5108, Rev. C. 1907; re-en. Sec. 7611, R.C.M. 1921; Cal. Civ. C. Sec. 1768; Field Civ. C. Sec. 882; re-en. Sec. 7611, R.C.M. 1935; R.C.M. 1947, 74-314.