Montana Code Annotated

Mont. Code Ann. § 30-10-202 (2026)

Registration Of Securities

✓ current as of May 2026
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TITLE 30. TRADE AND COMMERCE

CHAPTER 10. SECURITIES REGULATION

Part 2. Registration

Registration Of Securities

30-10-202. Registration of securities. It is unlawful for any person to offer or sell any security in this state, except securities exempt under 30-10-104 or when sold in transactions exempt under 30-10-105, unless:

(1) the security is registered by notification, coordination, or qualification under parts 1 through 3 of this chapter; or

(2) for a federal covered security, the security has been filed with the commissioner pursuant to 30-10-211 and the fee prescribed in 30-10-209 has been paid.

History: En. Sec. 7, Ch. 251, L. 1961; R.C.M. 1947, 15-2007; amd. Sec. 2, Ch. 279, L. 1981; amd. Sec. 6, Ch. 533, L. 1997.

Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1979–2021 · leading case: Mosley v. Am. Express Fin. Advisors, Inc., 2010 MT 78, 230 P.3d 479.
Mosley v. Am. Express Fin. Advisors, Inc., 2010 MT 78, 230 P.3d 479. · cites it 16× “These claims were premised on § 30-10-307(1), MCA, which states: Any person who offers or sells a security in violation of 30-10-202 or offers or sells a security by means of fraud or misrepresentation is liable to the person buying the security from him, who may sue either at…”
State v. Parks, 2013 MT 280, 310 P.3d 1088. · cites it 10× “Section 30-10-202, MCA. Egan explained that 1 Count One was a theft charge, which the District Court dismissed before trial.”
State v. Duncan, 593 P.2d 1026 (Mont. 1979). · cites it 10× “1947, now section 30-10-202 MCA; and Count IV charged issuing a bad check in violation of section 94-6-309(1), R.”
Thiel v. Taurus Drilling Ltd. 1980-ii, 710 P.2d 33 (Mont. 1985). · cites it 4× “Count I of the complaint alleged failure to comply with *35 the securities registration requirements of §§ 30-10-202 and -205, MCA. Count II alleged the making of material misrepresentations or omissions of material fact in connection with the sale of securities in violation of…”
State v. R. Brandt, 2020 MT 79, 460 P.3d 427. · cites it 2× “13 The jury was instructed that it must find the following elements beyond a reasonable doubt to convict Brandt of Count 4-Failure to register a security (common scheme) in violation of § 30-10-202, MCA: (1) Brandt offered or sold a security; (2) did not register the security in…”
State v. C. Valenzuela, 2021 MT 244. “mployer or entrusted to the person, as part of a common scheme; (4) failure to register as a securities salesperson as defined by § 30-10-201(1), MCA—willful transaction of securities business as a salesperson, by a person not registered to transact securities business as a…”
Waveland Capital Partners, LLC v. Tommerup, 928 F. Supp. 2d 1227 (D. Mont. 2013). “§ 30-10-202), and also making unsuitable recommendations, misrepresentations and omissions of material fact (M.”
Mont. Code Ann. § 30-10-202(1): 1 case
State v. Parks, 2013 MT 280, 310 P.3d 1088. “Section 30-10-202, MCA. Egan explained that 1 Count One was a theft charge, which the District Court dismissed before trial.”
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