Montana Code Annotated
Part 11. Affiliation and Merger -- Holding Company Systems -- Own Risk and Solvency Assessment
33-2-1106. Exemptions -- violations -- jurisdiction

33-2-1106. Exemptions -- violations -- jurisdiction. (1) The provisions of 33-2-1104 and 33-2-1105 do not apply to an offer, request, invitation, agreement, or acquisition that the commissioner by order exempts from those sections as:
(a) not having been made or entered into for the purpose and not having the effect of changing or influencing the control of a domestic insurer; or
(b) otherwise not comprehended within the purposes of 33-2-1104 and 33-2-1105.
(2) The following are violations of 33-2-1104 or 33-2-1105:
(a) the failure to file any statement, amendment, or other material required to be filed pursuant to 33-2-1104(1) through (5);
(b) the effectuation or any attempt to effectuate an acquisition of control of, divestiture of, or merger with a domestic insurer unless the commissioner has given approval.
(3) The courts of this state are vested with jurisdiction over every person not resident, domiciled, or authorized to do business in this state who files a statement with the commissioner under 33-2-1104 and over all actions involving the person arising out of violations of 33-2-1104 or 33-2-1105. Each person is considered to have performed acts equivalent to and constituting an appointment of the commissioner to be the person's attorney upon whom may be served all lawful process in any action, suit, or proceeding arising out of violations of this section. Copies of all lawful process must be served on the commissioner and transmitted by certified mail by the commissioner to the person at the person's last-known address.
History: En. Sec. 3, Ch. 64, L. 1971; R.C.M. 1947, 40-5511(f) thru (h); amd. Sec. 4, Ch. 620, L. 1989; amd. Sec. 1092, Ch. 56, L. 2009; amd. Sec. 26, Ch. 370, L. 2015; amd. Sec. 5, Ch. 62, L. 2019.

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