32-11-223. Control of assisted business. (1) A licensee that has provided financing assistance to a business may acquire and hold control of the business to the extent that it becomes necessary to protect the licensee's interest as a creditor of or investor in the business.
(2) Unless the department approves a longer period, a licensee holding control of a business under this section shall divest itself of the control as soon as practicable or within 5 years after acquiring the interest, whichever is sooner.
(3) Within 30 days after a licensee exercises its authority to acquire and hold control of a business under this section, the licensee shall notify the department of the action. The notification must include the reasons why it is necessary for the licensee to acquire and hold control of the business and the length of time the licensee anticipates that it may be necessary to hold control of the business.
History: En. Sec. 24, Ch. 411, L. 2007.
Structure Montana Code Annotated
Title 32. Financial Institutions
Chapter 11. Business and Industrial Development Corporations
Part 2. Licensure Procedures -- Board of Directors
32-11-201. Application procedure
32-11-202. Requisite net worth
32-11-203. Fees -- special revenue account
32-11-204. Criteria for directors, officers, and controlling persons
32-11-205. Determination of likelihood of future noncompliance
32-11-206. Denial of application
32-11-207. License -- display -- transfer or assignment -- surrender
32-11-208. Corporate name and representation of status
32-11-213. and 32-11-214 reserved
32-11-216. Notice of officer and director changes
32-11-217. Business of licensee -- general powers
32-11-218. Financing assistance allowed -- forms, terms, conditions
32-11-219. Participation in government programs
32-11-220. Scope of management assistance
32-11-221. Limitation to purposes of business
32-11-222. Control of other businesses
32-11-223. Control of assisted business