Montana Code 30-11-901. Definitions
30-11-901. Definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 30-11-901
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Community of interest: means a continuing financial interest that the grantor and grantee have in common. See Montana Code 30-11-901
- Construction equipment: means any vehicle, machine, or attachment designed or adapted and used in construction, heavy construction, highway construction, and remodeling work. See Montana Code 30-11-901
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Dealer: means a person who is a grantee of a construction equipment dealership situated in this state. See Montana Code 30-11-901
- Dealership: means a contract or agreement, expressed or implied, whether oral or written, including a franchise as defined in 61-4-201, by which a person is granted the right to sell or distribute construction equipment, in which there is a community of interest in the business of offering, selling, or distributing construction equipment. See Montana Code 30-11-901
- Department: means the department of labor and industry established in 2-15-1701. See Montana Code 30-11-901
- Grantor: The person who establishes a trust and places property into it.
- Grantor: means a person who grants a dealership. See Montana Code 30-11-901
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means any individual, partnership, association, corporation, or other entity. See Montana Code 30-11-901
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Trustee: A person or institution holding and administering property in trust.
- Writing: includes printing. See Montana Code 1-1-203
(1)”Community of interest” means a continuing financial interest that the grantor and grantee have in common.
(2)”Construction equipment” means any vehicle, machine, or attachment designed or adapted and used in construction, heavy construction, highway construction, and remodeling work.
(3)”Dealer” means a person who is a grantee of a construction equipment dealership situated in this state.
(4)”Dealership” means a contract or agreement, expressed or implied, whether oral or written, including a franchise as defined in 61-4-201, by which a person is granted the right to sell or distribute construction equipment, in which there is a community of interest in the business of offering, selling, or distributing construction equipment.
(5)”Department” means the department of labor and industry established in 2-15-1701.
(6)”Designated family member” means the spouse, child, grandchild, parent, brother, or sister of a dealer.
(7)”Designated successor” means a person designated in writing by the retiring dealer to succeed in the dealership or, in the case of an incapacitated dealer, a person appointed by a court as the legal representative of the dealer’s property or the appointed and qualified personal representative and the testamentary trustee of a deceased dealer.
(8)(a) “Good cause”, when used in 30-11-902, 30-11-903, and 30-11-909, means:
(i)failure by a dealer to comply substantially with essential and reasonable requirements imposed upon the dealer by the grantor or sought to be imposed by the grantor, which requirements are not discriminatory as compared with requirements imposed on other similarly situated dealers either by the terms of the requirements or in the manner of their enforcement; or
(ii)bad faith by the dealer in carrying out the terms of the dealership.
(b)Good cause, when used in 30-11-904 through 30-11-908, means a showing that succession to a dealership would be detrimental to the public interest or to the representation of the grantor.
(9)”Grantor” means a person who grants a dealership.
(10)”Person” means any individual, partnership, association, corporation, or other entity.