Montana § 31-2-210 The Instrument Of Assignment

Montana Statutes

§ 31-2-210 — The Instrument Of Assignment

Montana § 31-2-210

Title 31CREDIT TRANSACTIONS AND RELATIONSHIPS

Ch. 2DEBTOR AND CREDITOR RELATIONSHIPS

Part 2Assignments for Benefit of Creditors

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Bluebook

Mont. Code Ann. § 31-2-210 (2026).

Text

31-2-210 . The instrument of assignment.

(1)An assignment for the benefit of creditors must be in writing and subscribed by the assignor or by the assignor's agent authorized by writing.

(2)The assignment must be acknowledged or proved and certified in the mode prescribed by the law on recording transfers of real property and recorded as required by 31-2-215 and 31-2-216 , but recording in one county constitutes a compliance with 31-2-215 and 31-2-216 .

(3)The assignment must be accompanied by the affidavit of the assignor and assignee that the assignment is made in good faith, for the benefit of the creditors of the assignor, and without any design to hinder, delay, or defraud the creditors.

(4)The assent of the assignee, subscribed and acknowledged by the assignee, must appear in wri

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31-2-210 . The instrument of assignment. (1) An assignment for the benefit of creditors must be in writing and subscribed by the assignor or by the assignor's agent authorized by writing.
(2) The assignment must be acknowledged or proved and certified in the mode prescribed by the law on recording transfers of real property and recorded as required by 31-2-215 and 31-2-216 , but recording in one county constitutes a compliance with 31-2-215 and 31-2-216 .
(3) The assignment must be accompanied by the affidavit of the assignor and assignee that the assignment is made in good faith, for the benefit of the creditors of the assignor, and without any design to hinder, delay, or defraud the creditors.
(4) The assent of the assignee, subscribed and acknowledged by the assignee, must appear in writing contained in or at the end of or endorsed upon the assignment before the assignment is recorded and, if separate from the assignment, must be duly acknowledged.

Legislative History

En. Sec. 4519, Civ. C. 1895; re-en. Sec. 6145, Rev. C. 1907; re-en. Sec. 8621, R.C.M. 1921; Cal. Civ. C. Sec. 3458; Based on Field Civ. C. Sec. 1933; re-en. Sec. 8621, R.C.M. 1935; R.C.M. 1947, 18-310; amd. Sec. 991, Ch. 56, L. 2009.