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The department may adopt rules to implement the administration and purposes of this title.
(a) For purposes of subdivision (b) of Section 922.5, a “qualified United States financial institution” means an institution that complies with all of the following:
(1) Is organized or in the case of a United States office of a foreign banking organization, licensed, under the laws of the United States or any state thereof.
(2) Is regulated, supervised, and examined by United States federal or state authorities having regulatory authority over banks and trust companies.
(3) Has been determined by the commissioner, or, in the discretion of the commissioner, the Securities Valuation Office of the NAIC, to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the commissioner.
(b) A “qualified United States financial institution” means, for purposes of those provisions of this law specifying those institutions that are eligible to act as a fiduciary of a trust, an institution that is both:
(1) Organized, or in the case of a United States branch or agency office of a foreign banking organization, licensed, under the laws of the United States or any state thereof and has been granted authority to operate with fiduciary powers.
(2) Regulated, supervised, and examined by federal or state authorities having regulatory authority over banks and trust companies.
Cite this article: FindLaw.com - Montana Title 42. Adoption § 42-2-106. Rulemaking authority - last updated April 27, 2021 | https://codes.findlaw.com/mt/title-42-adoption/mt-code-ann-sect-42-2-106/
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