Montana § 32-1-212 Conflicts Of Interest -- Definition -- Rulemaking

Montana Statutes

§ 32-1-212 — Conflicts Of Interest -- Definition -- Rulemaking

Montana § 32-1-212

Title 32FINANCIAL INSTITUTIONS

Ch. 1BANKS AND TRUST COMPANIES

Part 2State-Chartered Banks and Functions ofDepartment of Administration

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Bluebook

Mont. Code Ann. § 32-1-212 (2026).

Text

32-1-212 . Conflicts of interest -- definition -- rulemaking.

(1)The commissioner and any deputy commissioner may not be, directly or indirectly, interested in any entity chartered or supervised by the department.

(2)The commissioner, any deputy commissioner, or any employee of the division, including a bank examiner, may not borrow money from an entity chartered or supervised by the department unless the extension of credit:

(a)is made on substantially the same terms as those prevailing at the time for comparable transactions by the financial institution with persons who are not employed by the division; and

(b)does not involve more than the normal risk of repayment or present other unfavorable features.

(3)For the purposes of this section, the phrase "substantially the same terms" i

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32-1-212 . Conflicts of interest -- definition -- rulemaking. (1) The commissioner and any deputy commissioner may not be, directly or indirectly, interested in any entity chartered or supervised by the department.
(2) The commissioner, any deputy commissioner, or any employee of the division, including a bank examiner, may not borrow money from an entity chartered or supervised by the department unless the extension of credit:
(a) is made on substantially the same terms as those prevailing at the time for comparable transactions by the financial institution with persons who are not employed by the division; and
(b) does not involve more than the normal risk of repayment or present other unfavorable features.
(3) For the purposes of this section, the phrase "substantially the same terms" includes interest rates and collateral and credit underwriting procedures that are not less stringent than those prevailing at the time for comparable transactions by the lender as for other borrowers who are not employed by the division.
(4) The department shall adopt rules to implement this section.

Legislative History

En. Sec. 58, Ch. 89, L. 1927; re-en. Sec. 6014.62, R.C.M. 1935; amd. Sec. 20, Ch. 431, L. 1975; amd. Sec. 10, Ch. 71, L. 1977; R.C.M. 1947, 5-604; amd. Sec. 2, Ch. 274, L. 1981; amd. Sec. 77, Ch. 483, L. 2001; amd. Sec. 2, Ch. 49, L. 2013; amd. Sec. 12, Ch. 75, L. 2019.