Montana Code Annotated
Part 9. Operation and Regulation
32-2-903. Penalty for transacting business without certificate

32-2-903. Penalty for transacting business without certificate. (1) A person, firm, company, partnership, or corporation, domestic or foreign, advertising that the person or entity is receiving or accepting money or savings for deposit, investment, or otherwise and issuing notes or certificates of deposit for them or advertising that the person or entity is transacting the business of a mutual association or making use of an office sign at the place where the business is transacted, having on it an artificial or corporate name or other words indicating that the place or office is the place or office of a mutual association, or that deposits are received there or payments made on check or that interest is paid on deposits or that certificates of deposit, with or without interest, are being issued or that any other form of mutual association business is transacted, and a person, firm, company, partnership, or corporation, domestic or foreign, using or circulating any letterheads, billheads, blank notes, blank receipts, certificates, or circulars or any written or printed or partly written and partly printed paper whatever, having on it an artificial or corporate name or advertising that the business is the business of a mutual association, must have the proper capital set aside for the purpose of transacting that business and must have received form the department, as provided in this chapter, a certificate to do a mutual association business.
(2) A person who violates any provision of this section is subject to the penalties set forth in 32-2-607(5).
(3) Upon action brought by the department, the court may issue an injunction restraining a person, firm, company, partnership, or corporation from further violating any provision of this section and may enter a further order or decree as equality and justice require.
(4) A person, firm, company, partnership, or corporation doing any of the things or transacting any of the business defined in this section shall transact that business according to the provisions of this chapter, and the department may examine the accounts, books, papers, cash, and credits of that person, firm, company, partnership, or corporation, domestic or foreign, in order to ascertain whether that person, firm, company, partnership, or corporation has violated or is violating any provisions of this section.
History: En. Sec. 44, Ch. 431, L. 2021.

Structure Montana Code Annotated

Montana Code Annotated

Title 32. Financial Institutions

Chapter 2. Mutual Savings and Loan Associations

Part 9. Operation and Regulation

32-2-901. Mutual association advertising before issuance of charter

32-2-902. Prohibitions on advertising as mutual association -- trade names restricted

32-2-903. Penalty for transacting business without certificate

32-2-904. Mutual associations -- powers and duties

32-2-905. Extent that assets may be pledged

32-2-906. Issuance of capital certificates

32-2-907. No certificate of deposit to be issued for borrowed money

32-2-908. Investments of financial institutions

32-2-909. Insurance activities -- exemption -- rulemaking

32-2-910. Authority of state mutual associations to make real estate loans -- borrower insurance requirements

32-2-911. Investment in certain securities -- rulemaking

32-2-912. Mutual associations authorized to obtain insurance and make loans when approved by federal housing administrator

32-2-913. Federal housing securities eligible collateral

32-2-914. Acceptance and issuance of drafts -- rulemaking

32-2-915. Mutual association's responsibility to provide notice when funds become available for withdrawal

32-2-916. Certified checks

32-2-917. Deposit in name of minor

32-2-918. Demand or time deposits

32-2-919. Safe deposit department

32-2-920. Giving security for deposit prohibited -- exceptions

32-2-921. Payments to foreign administrator

32-2-922. Calculation of profits

32-2-923. Past-due and doubtful paper

32-2-924. Reserve requirements

32-2-925. Limitations on loans -- rulemaking

32-2-926. through 32-2-929 reserved

32-2-930. Bonding of employees

32-2-931. Persons previously convicted -- rulemaking

32-2-932. Sale of securities by officer to mutual association

32-2-933. Real estate that mutual associations may purchase, hold, or convey

32-2-934. Purchase of obligation of mutual association by officer

32-2-935. Fraud by director, officer, agent, or employee

32-2-936. Removal of directors, officers, or employees -- hearing

32-2-937. Penalty for unlawful hypothecation of property received

32-2-938. Concealing actions from directors

32-2-939. Theft of funds by directors, officers, or employees

32-2-940. False statement to obtain loan

32-2-941. Mutual association holidays

32-2-942. Transaction on holiday

32-2-943. Closing on Saturdays authorized -- Saturday treated as holiday

32-2-944. Mutual association hours and business days

32-2-945. Interest payable at mutual association on Saturday -- how paid

32-2-946. through 32-2-949 reserved

32-2-950. Destruction of records -- rulemaking

32-2-951. Definitions -- reproductions of mutual association records -- admissibility in evidence -- cost recovery

32-2-952. Admissibility of copies in evidence -- exception when original available

32-2-953. Destruction or reproduction

32-2-954. Application