30-10-310. Reporting requirements. (1) A broker-dealer, investment adviser, investment adviser representative, or other person who has reason to believe fraud has occurred shall report the suspected fraud to the commissioner within 60 days of discovery of the occurrence.
(2) A broker-dealer shall make complete disclosure of all employment-related information required to be reported to the national association of securities dealers pursuant to rules and related explanatory materials of that association.
(3) A broker-dealer, investment adviser, investment adviser representative, or other person is not liable for any civil claim, including counterclaims, third-party claims, or cross-claims, related to reporting or providing information or otherwise cooperating with an investigation of fraud under this chapter unless the complainant shows by clear and convincing evidence that:
(a) the party knew at the time that the statement was made that the statement was false in any material respect; or
(b) the party acted in reckless disregard as to the statement's truth or falsity.
History: En. Sec. 5, Ch. 390, L. 1997; amd. Sec. 1, Ch. 267, L. 1999.
Structure Montana Code Annotated
Chapter 10. Securities Regulation
Part 3. Offenses, Penalties, and Immunities
30-10-301. Fraudulent and other prohibited practices
30-10-303. Unlawful representation concerning registration or exemption
30-10-304. Investigations and subpoenas
30-10-305. Injunctions and other remedies -- limitations on actions
30-10-306. Criminal liabilities
30-10-307. Civil liabilities -- limitations on actions
30-10-308. Judicial review of orders
30-10-309. Securities restitution
30-10-310. Reporting requirements
30-10-311. through 30-10-314 reserved
30-10-315. Requirements for securities fraud actions -- definition
30-10-317. Defendant's right to written interrogatories
30-10-318. Limitation on damages
30-10-319. Applicability of safe harbor for forward-looking statements
30-10-320. Prohibition of referral fees
30-10-321. Prosecution of persons aiding violations
30-10-325. Operating pyramid promotional scheme unlawful
30-10-327. Multilevel marketing company -- notice of activity -- consent to service
30-10-328. through 30-10-339 reserved
30-10-340. Governmental disclosure -- immunity