31-1-705. License -- application requirements -- business locations. (1) A person may not engage in or offer to engage in the business of making deferred deposit loans unless licensed by the department. A license may be granted to a person located within the state or to a person located outside of the state who uses the internet, facsimiles, or third persons to conduct transactions with consumers in this state.
(2) An applicant for a license to engage in the business of making deferred deposit loans shall pay to the department a license application fee of $500. The department may direct that applicants remit fees to the department through a nationwide licensing system.
(3) The application for licensure must be in the form and submitted in the manner that the department directs.
(4) The license year is the calendar year, and all licenses expire on December 31 of each year.
(5) Each licensee shall post a bond in the amount of $10,000 for each location at or from which deferred deposit loan transactions are conducted with consumers in this state. The bond must continue in effect for 2 years after the licensee ceases operation in the state. The bond must be available to pay damages authorized under this part to consumers harmed by any violation of this part and to pay civil penalties, restitution, and costs ordered by the department pursuant to 31-1-712 for any violation of this part.
(6) More than one place of business may not be maintained under the same license. A person shall obtain a license for the person's principal place of business and a separate branch license for each additional place of business or location at or from which deferred deposit loan transactions are conducted with consumers in this state.
History: En. Sec. 5, Ch. 404, L. 1999; amd. Sec. 3, Ch. 81, L. 2001; amd. Sec. 1, Ch. 119, L. 2005; amd. Sec. 4, Ch. 451, L. 2007; amd. Sec. 4, Ch. 81, L. 2009; amd. Sec. 2, Ch. 96, L. 2013; amd. Sec. 1, Ch. 277, L. 2013.
Structure Montana Code Annotated
Title 31. Credit Transactions and Relationships
Chapter 1. Credit Transactions
Part 7. Montana Deferred Deposit Loan Act
31-1-702. Purpose -- rules -- fees
31-1-705. License -- application requirements -- business locations
31-1-707. Denial of license and license renewal
31-1-708. and 31-1-709 reserved
31-1-712. Notice of violation -- administrative hearing -- penalties -- liability
31-1-713. Department obligations -- complaints
31-1-714. Information and annual reports
31-1-715. Loan requirements -- right of rescission -- arbitration -- completion of transaction
31-1-716. through 31-1-720 reserved
31-1-721. Required disclosures -- loan agreement
31-1-722. Prohibited and permitted fees -- attorney fees and costs
31-1-727. Cease and desist orders
31-1-728. Injunctions -- receivers
31-1-729. Violation of specified federal laws -- rulemaking authority