Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.21 - Sale, Transfer or Encumbering of Certificate of Authority › Rule 38.3.2101 - SALE OR TRANSFER OF CERTIFICATE OF AUTHORITY

Current through Register Vol. 13, July 5, 2024
(1) As authorized by
				69-12-325, MCA, public service
				commission certificates may be sold or transferred. The application for sale or
				transfer shall be addressed to the commission, be sworn to, and contain the
				following information:
(a) the name and
				address of the owner and the number of the certificate, together with request
				that authority be granted such owner to sell or transfer all rights, title and
				interest under such certificate to the named vendee or purchaser;
(b) the name and main office address of the
				vendee or purchaser, that such vendee or purchaser is desirous of acquiring
				Certificate No. _____, that the operations to be conducted thereunder will be
				in accordance with the rules and regulations of the commission, and should the
				vendee or purchaser be a legal corporation, the officers of such corporation
				and their addresses;
(c) a list of
				equipment the vendee or purchaser intends to operate under such certificate,
				giving the state license number, year and name of the vehicle, the serial
				number, and seating capacity thereof; (In case the vehicles are to be used in
				transporting property, the maximum load to be carried must also be
				shown.)
(d) state that the vendee
				or purchaser will furnish before beginning operation, insurance, surety bond,
				or other approved security, covering all vehicles to be operated;
(e) if the vendee or purchaser desires to
				adopt the tariffs and time schedules, etc., of the vendor on file with the
				commission, it shall here so be stated and reference to each of such
				publications by number and effective date must be made;
(f) in case the vendee or purchaser does not
				desire to adopt the tariffs, time schedules, etc., of the vendor, it shall be
				so stated;
(g) in case the vendee
				or purchaser consists of more than one person (not incorporated) operating as a
				co-partnership under a trade name, then this item shall state that a certified
				copy of such partnership agreement is attached;
(h) shall set out the date on which it is
				desired that such sale or transfer shall become effective; no sale or transfer
				being retroactive, or effective until approved by the commission;
(i) shall state that the original certificate
				is attached, but if the original certificate issued by this commission has been
				lost, a statement showing the facts shall be inserted under this item or a
				separate affidavit reciting the loss of the certificate and accompanying the
				application;
(j) shall set forth
				that the sale or transfer is not for purpose of hindering, delaying or
				defrauding creditors;
(k) shall be
				accompanied by the vendee or purchaser's current financial balance sheet
				setting forth the assets, liabilities, and equity of the transferee, if the
				purchaser is in motor carrier transportation business, then the vendee's or
				purchaser's current financial income statement setting forth operating
				revenues, operating expenses, and net operating income of the transferee if
				said transferee is presently in the motor carrier transportation business;
				and
(l) shall be signed by the
				owner and the purchaser and notarized.
(m) Forms for applications for sale or
				transfer are available on the commission's web site or upon request.