31-1-116. Commercial loans — when written agreement required. (1) With respect to a commercial loan, a contract action or a breach of contract action may not be brought against a regulated lender on a promise or commitment that is not in writing where the promise or commitment is to:

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Terms Used In Montana Code 31-1-116

  • Contract: A legal written agreement that becomes binding when signed.
  • Writing: includes printing. See Montana Code 1-1-203

(a)lend money or to extend credit;

(b)alter, amend, renew, extend, or otherwise modify an existing promise, commitment, or agreement to lend money or extend credit; or

(c)make a financial accommodation.

(2)For the purposes of this section, “commercial loan” means money loaned or credit extended primarily for commercial or business purposes, in excess of $100,000, and does not include money lent or credit extended for personal, family, or household purposes and also does not include charge or credit card accounts, personal lines of credit, personal overdraft accounts, or other consumer accounts.