Title 30, Title 30

(1) The filing of a financing statement before July 1, 2013, is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this chapter. (2) This chapter does not render ineffective an effective financing state…

(1) The filing of an initial financing statement in the office specified in 30-9A-501 continues the effectiveness of a financing statement filed before July 1, 2013, if: (a) the filing of an initial financing statement in that office would be effective to perfect a security inter…

(1) In this section, "pre-effective-date financing statement" means a financing statement filed before July 1, 2013. (2) After July 1, 2013, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided i…

A person may file an initial financing statement or a continuation statement under this part if: (1) the secured party of record authorizes the filing; and (2) the filing is necessary under this part: (a) to continue the effectiveness of a financing statement filed before July 1,…

This chapter determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2013, Title 30, former chapter 9A, determines priority.

(1) Except as provided in this part, Title 30, chapter 9A, as amended by Chapter 200, Laws of 2025, and Title 30, chapter 12A, part 1, apply to a transaction, lien, or other interest in property, even if the transaction, lien, or interest was entered into, created, or acquired be…

(1) A security interest that is enforceable and perfected immediately before October 1, 2025, is a perfected security interest under Chapter 200, Laws of 2025, if, on October 1, 2025, the requirements for enforceability and perfection under Chapter 200, Laws of 2025, are satisfie…

A security interest that is enforceable immediately before October 1, 2025, but is unperfected at that time: (1) remains an enforceable security interest until the adjustment date; (2) remains enforceable thereafter if the security interest becomes enforceable under 30-9A-203, as…

(1) If action, other than the filing of a financing statement, is taken before October 1, 2025, and the action would have resulted in perfection of the security interest had the security interest become enforceable before October 1, 2025, the action is effective to perfect a secu…

(1) Subject to subsections (2) and (3), Chapter 200, Laws of 2025, determines the priority of conflicting claims to collateral. (2) Subject to subsection (3), if the priorities of claims to collateral were established before October 1, 2025, Title 30, chapter 9A, as in effect bef…

(1) Subject to subsections (2) and (3), Title 30, chapter 12A, part 1, determines the priority of conflicting claims to chapter 12A property when the priority rules of Title 30, chapter 9A, as amended by Chapter 200, Laws of 2025, do not apply. (2) Subject to subsection (3), when…

(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.)

(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…

(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…

(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 assistanc…

(Temporary) Eligibility. (1) The following victims are eligible for restitution assistance: (a) a natural person who is a resident of Montana at the time the offense is committed; or (b) a person, other than a natural person, domiciled in Montana at the time the offense is commit…

(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 …

(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 an…

(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…

Parts 1 through 3 of this chapter may be cited as the "Securities Act of Montana".

Parts 1 through 3 of this chapter shall be construed to: (1) protect the investor, persons engaged in securities transactions, and the public interest; (2) promote uniformity among the states; and (3) encourage, promote, and facilitate capital investment in Montana.

When used in parts 1 through 3 of this chapter, unless the context requires otherwise, the following definitions apply: (1) (a) "Broker-dealer" means any person engaged in the business of effecting transactions in securities for the account of others or for the person's own accou…

Sections 30-10-202 through 30-10-207 and 30-10-211 do not apply to any of the following securities: (1) any security, including a revenue obligation, issued or guaranteed by the United States, any state, any political subdivision of a state, or any agency or corporate or other in…

Except as expressly provided in this section, 30-10-201 through 30-10-207 and 30-10-211 do not apply to the following transactions: (1) a nonissuer isolated transaction, whether effected through a broker-dealer or not. A transaction is presumed to be isolated if it is one of not …

In any proceeding under parts 1 through 3 of this chapter, the burden of proving an exemption or an exception from a definition is upon the person claiming it.

(1) The administration of the provisions of parts 1 through 3 of this chapter must be under the general supervision and control of the state auditor, the ex officio securities commissioner. The commissioner may, from time to time, make, amend, and rescind rules and forms as neces…

(1) Sections 30-10-201(1), 30-10-202, 30-10-301(1), 30-10-303, and 30-10-307 apply to persons who sell or offer to sell when an offer to sell is made in this state or an offer to buy is made and accepted in this state. (2) Sections 30-10-201(1), 30-10-301(1), and 30-10-303 apply …

This part may be cited as the "Whistleblower Award and Protection Act".

The Whistleblower Award and Protection Act provides monetary awards to whistleblowers and provides protection for those who make whistleblower complaints.

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 a…

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 administrativ…

(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…

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 admi…

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.

(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.…

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 whistleblow…

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 info…

(1) An employer may not terminate, discharge, demote, suspend, threaten, harass, directly or indirectly, or in any other manner retaliate against an individual because of any lawful act done by the individual: (a) in providing information to the state or other law enforcement age…

(1) Except as provided in subsection (2), all fees and miscellaneous charges received by the commissioner pursuant to parts 1 through 3 of this chapter must be deposited in the general fund. (2) (a) All notice filing fees collected under 30-10-209(1)(d) and examination costs coll…

(1) A broker-dealer or investment adviser shall provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of a vulnerable person to the department of public health and human services provided for in 2-15-2201 and to law enforcem…

(1) It is unlawful for a person to transact business in this state as a broker-dealer or salesperson, except as provided in 30-10-105, unless the person is registered under parts 1 through 3 of this chapter. (2) It is unlawful for a broker-dealer or issuer to employ a salesperson…

It is unlawful for any person to offer or sell any security in this state, except securities exempt under 30-10-104 or when sold in transactions exempt under 30-10-105, unless: (1) the security is registered by notification, coordination, or qualification under parts 1 through 3 …

(1) The following securities may be registered by notification, whether or not they are also eligible for registration by coordination under parts 1 through 3 of this chapter: (a) any security whose issuer and any predecessors have been in continuous operation for at least 5 year…

(1) Any security for which a registration statement has been filed under the Securities Act of 1933 or any securities for which filings have been made pursuant to regulation A or regulation E, and amendments to those regulations, of the general rules and regulations of the United…

(1) Any security may be registered by qualification. A registration statement under this section must contain the following information and be accompanied by the following documents, in addition to payment of the registration fee prescribed in 30-10-209: (a) with respect to the i…

(1) A registration statement may be filed by the issuer, any other person on whose behalf the offering is to be made, or a registered broker-dealer. The commissioner may by rule or otherwise permit the omission of any item of information or document from any registration statemen…