Terms Used In Montana Code > Title 3 > Chapter 1 > Part 11 - Judicial Standards Commission

• Abstract: means a written representation, provided pursuant to a contract and expected to be relied upon by the person who has contracted for the receipt of that representation, listing all recorded conveyances, instruments, or documents which, under the laws of this state, impart constructive notice regarding the chain of title to real property described in the abstract. See Montana Code 33-25-105
• Accountable care organization: means a group of health care providers that are willing and capable of accepting accountability for the total cost and quality of care for a defined population. See Montana Code 33-31-102
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
• Affiliated company: means any company in the same corporate system as a parent, an industrial insured, or a member by virtue of common ownership, control, operation, or management. See Montana Code 33-28-101
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Applicant: means a person, whether or not a prospective insured, who applies to a title insurer or title insurance producer for a title insurance policy, but does not include a title insurance producer. See Montana Code 33-25-105
• Approved attorney: means an attorney authorized to practice law in this state, except an agent or employee of a title insurer, whose certification as to the status of the title to real property a title insurer is willing to accept as the basis for issuance of a title insurance policy. See Montana Code 33-25-105
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Associate: means a:

  (a)corporation, partnership, or other business entity organized for profit, of which a producer of title business is a director, officer, partner, employee, or owner of 5% or more of its equity or capital;

  (b)franchisor or franchisee of a producer of title business;

  (c)spouse, parent, or child of a producer of title business;

  (d)corporation, partnership, or other business entity that controls, is controlled by, or is under common control with a producer of title business; or

  (e)person with whom a producer of title business or an associate has an agreement, arrangement, understanding, or course of conduct having the purpose or substantial effect of evading the provisions of this title. See Montana Code 33-25-105

• Association: means any legal association of sole proprietorships or business entities that has been in continuous existence for at least 1 year unless the 1-year requirement is waived by the commissioner and the members of which collectively, or the association itself:

  (a)owns, controls, or holds with power to vote all of the outstanding voting securities of an association captive insurance company incorporated as a stock insurer;

  (b)has complete voting control over an association captive insurance company incorporated as a mutual insurer;

  (c)constitutes all of the subscribers of an association captive insurance company formed as a reciprocal insurer; or

  (d)owns, controls, or holds with power to vote all of the outstanding ownership interests of an association captive insurance company organized as a limited liability company. See Montana Code 33-28-101

• Association captive insurance company: means any company that insures risks of the members and the affiliated companies of members. See Montana Code 33-28-101
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Authorized representative: means an individual authorized by an operator to sell or offer self-storage insurance coverage in accordance with this part. See Montana Code 33-24-302
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Basic health care services: means :

  (a)consultative, diagnostic, therapeutic, and referral services by a provider;

  (b)inpatient hospital and provider care;

  (c)outpatient medical services;

  (d)medical treatment and referral services;

  (e)accident and sickness services by a provider to each newborn infant of an enrollee pursuant to 33-31-301(3)(e);

  (f)care and treatment of mental illness, alcoholism, and drug addiction;

  (g)diagnostic laboratory and diagnostic and therapeutic radiologic services;

  (h)preventive health services, including:

  (i)immunizations;

  (ii)well-child care from birth;

  (iii)periodic health evaluations for adults;

  (iv)voluntary family planning services;

  (v)infertility services; and

  (vi)children's eye and ear examinations conducted to determine the need for vision and hearing correction;

  (i)minimum mammography examination, as defined in 33-22-132;

  (j)outpatient self-management training and education for the treatment of diabetes along with certain diabetic equipment and supplies as provided in 33-22-129; and

  (k)treatment and medical foods for inborn errors of metabolism. See Montana Code 33-31-102

• Branch business: means any insurance business transacted by a branch captive insurance company in this state. See Montana Code 33-28-101
• Branch captive insurance company: means any foreign captive insurance company authorized by the commissioner to transact the business of insurance in this state through a business unit with a principal place of business in this state. See Montana Code 33-28-101
• Branch operations: means any business operations of a branch captive insurance company in this state. See Montana Code 33-28-101
• Business entity: means a corporation, limited liability company, or other legal entity formed by an organizational document. See Montana Code 33-28-101
• Captive insurance company: means any pure captive insurance company, association captive insurance company, protected cell captive insurance company, special purpose captive insurance company, or industrial insured captive insurance company formed or authorized under the provisions of this chapter. See Montana Code 33-28-101
• Captive reinsurance company: means a captive insurance company authorized in this state that reinsures the risk ceded by any other insurer. See Montana Code 33-28-101
• Captive risk retention group: means a captive insurance risk retention group formed under the laws of this chapter and pursuant to Title 33, chapter 11. See Montana Code 33-28-101
• Cash equivalent: means any short-term, highly liquid investment that is:

  (a)readily convertible to known amounts of cash; and

  (b)so near to its maturity that it presents insignificant risk of changes in value because of changes in interest rates. See Montana Code 33-28-101

• Commissioner: means the commissioner of insurance of the state of Montana. See Montana Code 33-31-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Controlled business: means that portion of the business of title insurance in this state of a title insurer or title insurance producer that is referred to it by a producer or associate having a financial interest in the title insurer or title insurance producer. See Montana Code 33-25-105
• Controlled unaffiliated business entity: means a business entity or sole proprietorship:

  (i)that is not in a parent's corporate system consisting of the parent and affiliated companies;

  (ii)that has an existing, controlling contractual relationship with the parent or an affiliated company; and

  (iii)whose risks are managed by a pure captive insurance company. See Montana Code 33-28-101

• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Customary: means according to usage. See Montana Code 1-1-206
• Customer: means a person who purchases portable electronics or services related to the use of portable electronics. See Montana Code 33-24-202
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dependent: A person dependent for support upon another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Enrolled customer: means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics. See Montana Code 33-24-202
• Enrollee: means a person:

  (a)who enrolls in or contracts with a health maintenance organization;

  (b)on whose behalf a contract is made with a health maintenance organization to receive health care services; or

  (c)on whose behalf the health maintenance organization contracts to receive health care services. See Montana Code 33-31-102

• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executor: A male person named in a will to carry out the decedent
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Financial interest: means a legal or beneficial interest that entitles the holder, directly or indirectly, to 1% or more of the net profits or net worth of the entity in which the interest is held. See Montana Code 33-25-105
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreign captive insurance company: means any captive insurance company formed under the laws of any jurisdiction other than this state. See Montana Code 33-28-101
• Fraud: Intentional deception resulting in injury to another.
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health care services: means :

  (a)the services included in furnishing medical or dental care to a person;

  (b)the services included in hospitalizing a person;

  (c)the services incident to furnishing medical or dental care or hospitalization; or

  (d)the services included in furnishing to a person other services for the purpose of preventing, alleviating, curing, or healing illness, injury, or physical disability. See Montana Code 33-31-102

• Health care services agreement: means an agreement for health care services between a health maintenance organization and an enrollee. See Montana Code 33-31-102
• Health maintenance organization: means a person who provides or arranges for basic health care services to enrollees on a prepaid basis, either directly through provider employees or through contractual or other arrangements with a provider or a group of providers. See Montana Code 33-31-102
• Health service corporation: means a nonprofit corporation organized or operating for the purposes of establishing and operating a nonprofit plan or plans under which prepaid hospital care, medical-surgical care, and other health care and services, or reimbursement for the preceding care and services, may be furnished to a member or beneficiary. See Montana Code 33-30-101
• Health services: means the health care and services provided by hospitals or other health care institutions, organizations, associations, or groups and by doctors of medicine, osteopathy, dentistry, chiropractic, optometry, and podiatry; nursing services; licensed acupuncturist services; licensed social worker, licensed professional counselor, or psychologist services; medical appliances, equipment, and supplies; and drugs, medicines, ambulance services, and other therapeutic services and supplies. See Montana Code 33-30-101
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Industrial insured: means an insured:

  (a)who procures the insurance of any risk or risks by use of the services of a full-time employee acting as an insurance manager or buyer;

  (b)whose aggregate annual premiums for insurance on all risks total at least $25,000; and

  (c)who has at least 25 full-time employees. See Montana Code 33-28-101

• Industrial insured captive insurance company: means any company that insures risks of the industrial insureds that comprise the industrial insured group and their affiliated companies. See Montana Code 33-28-101
• Industrial insured group: means any group that meets either of the following:

  (a)the group collectively:

  (i)owns, controls, or holds with power to vote all of the outstanding voting securities of an industrial insured captive insurance company incorporated as a stock insurer; or

  (ii)has complete voting control over an industrial insured captive insurance company incorporated as a mutual insurer; or

  (b)the group is a captive risk retention group. See Montana Code 33-28-101

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insurance producer: means an individual or business entity appointed or authorized by a health maintenance organization to solicit applications for health care services agreements on its behalf. See Montana Code 33-31-102
• Judicial officers: means justices of the supreme court, judges of the district courts, justices of the peace, municipal judges, and city judges. See Montana Code 1-1-202
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Location: means any physical location in this state or any website, call center site, or similar location directed to residents of this state. See Montana Code 33-24-202
• Location: means any physical location in this state. See Montana Code 33-24-302
• Member: means a sole proprietorship or business entity that belongs to an association. See Montana Code 33-28-101
• Membership contract: means any agreement, contract, or certificate by which a health service corporation describes the health services or benefits provided to its members or beneficiaries. See Montana Code 33-30-101
• Minority party: means the party with the second most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mutual insurer: means a business entity without capital stock and with a governing body elected by the policyholders. See Montana Code 33-28-101
• Oath: A promise to tell the truth.
• Oath: includes an affirmation or declaration. See Montana Code 1-1-201
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operator: means a business entity that is the owner, operator, lessor, or sublessor of a self-storage facility or an agent or another person authorized to manage the facility or to receive rent from a renter under a rental agreement. See Montana Code 33-24-302
• Organizational document: means articles of incorporation, articles of organization, a subscribers' agreement, a charter, or any other document that establishes a business entity. See Montana Code 33-28-101
• PACE organization: means an organization, as defined in 42 C. See Montana Code 33-31-102
• Parent: means a sole proprietorship, business entity, or individual that directly or indirectly owns, controls, or holds with power to vote more than 50% of the outstanding voting securities of a captive insurance company. See Montana Code 33-28-101
• Participant: means a sole proprietorship or business entity and any affiliates that are insured by a protected cell captive insurance company in which the losses of the participant are limited through a participant contract to the participant's share of the assets of one or more protected cells identified in the participant contract. See Montana Code 33-28-101
• Participant contract: means a contract by which a protected cell captive insurance company insures the risks of a participant and limits the losses of each participant in the contract. See Montana Code 33-28-101
• 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 :

  (a)an individual;

  (b)a group of individuals;

  (c)an insurer, as defined in 33-1-201;

  (d)a health service corporation, as defined in 33-30-101;

  (e)a corporation, partnership, facility, association, or trust; or

  (f)an institution of a governmental unit of any state licensed by that state to provide health care, including but not limited to a physician, hospital, hospital-related facility, or long-term care facility. See Montana Code 33-31-102

• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Personal property: All property that is not real property.
• Personal property: means movable property not affixed to land. See Montana Code 33-24-302
• Plan: means a health maintenance organization operated by an insurer or health service corporation as an integral part of the corporation and not as a subsidiary. See Montana Code 33-31-102
• Portable electronics: means electronic devices that are portable in nature and their accessories. See Montana Code 33-24-202
• Portable electronics insurance: means insurance providing coverage for the repair or replacement of portable electronics that may provide coverage for portable electronics against loss, theft, inoperability due to mechanical failure, malfunction, damage, or other similar causes of loss. See Montana Code 33-24-202
• Portable electronics transaction: means :

  (a)the sale or lease of portable electronics by a vendor to a customer; or

  (b)the sale of a service related to the use of portable electronics by a vendor to a customer. See Montana Code 33-24-202

• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Preliminary report: means an offer to issue a title insurance policy subject to any exceptions stated in the report or other matters that may be incorporated by reference therein. See Montana Code 33-25-105
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• producer: means a person, corporation, partnership, or other business entity, including an officer, director, or owner of 5% or more of the equity or capital thereof, engaged in this state in the trade, business, occupation, or profession of:

  (a)buying or selling interests in real property;

  (b)making loans secured by interests in real property; or

  (c)acting as broker, insurance producer, or representative of a person described in subsection (8)(a) or (8)(b). See Montana Code 33-25-105

• Property: means real and personal property. See Montana Code 1-1-205
• Protected cell: means a separate account established by a protected cell captive insurance company formed or authorized under the provisions of this chapter, in which an identified pool of assets and liabilities are segregated and insulated, as provided in this chapter, from the remainder of the protected cell captive insurance company's assets and liabilities in accordance with the terms of one or more participant contracts to fund the liability of the protected cell captive insurance company with respect to the participants as set forth in the participant contracts. See Montana Code 33-28-101
• Protected cell captive insurance company: means any captive insurance company:

  (a)in which the minimum capital and surplus required by applicable law are provided by one or more sponsors;

  (b)that is formed or authorized under the provisions of this chapter;

  (c)that insures the risks of separate participants through participant contracts;

  (d)that funds its liability to each participant through one or more protected cells and segregates the assets of each protected cell from the assets of other protected cells and from the assets of the protected cell captive insurance company's general account; and

  (e)that is incorporated or formed as a limited liability company. See Montana Code 33-28-101

• Provider: means a physician, hospital, hospital-related facility, long-term care facility, dentist, osteopath, chiropractor, optometrist, podiatrist, psychologist, licensed social worker, registered pharmacist, or advanced practice registered nurse, as specifically listed in 37-8-202, or registered nurse first assistant as defined by the board of nursing under Title 37, chapter 8, who treats any illness or injury within the scope and limitations of the provider's practice or any other person who is licensed or otherwise authorized in this state to furnish health care services. See Montana Code 33-31-102
• Provider panel: means those providers with whom a health maintenance organization contracts to provide health care services to the health maintenance organization's enrollees. See Montana Code 33-31-102
• Pure captive insurance company: means any company that insures risks of its parent and affiliated companies and controlled unaffiliated business entities. See Montana Code 33-28-101
• Quorum: The number of legislators that must be present to do business.
• Rate: means fees for:

  (a)issuing a title insurance policy, including any service charge or fee for the issuance;

  (b)abstracting, searching, and examining title to real property when prepared or issued in contemplation of or in conjunction with the issuance of a title insurance policy; and

  (c)preparing or issuing preliminary reports, commitments, binders, or similar products prepared or issued in contemplation of or in conjunction with the issuance of a title insurance policy. See Montana Code 33-25-105

• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rental agreement: means a written agreement or lease that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of a leased space at a self-storage facility. See Montana Code 33-24-302
• Renter: means a person entitled to the use of a leased space at a self-storage facility under a rental agreement or the person's successors or assigns. See Montana Code 33-24-302
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Self-storage facility: means real property consisting of individual storage spaces in which a renter customarily stores and removes personal property on a self-service basis. See Montana Code 33-24-302
• Self-storage insurance: means insurance offered in connection with and incidental to the rental of a leased space at a self-storage facility and which provides coverage to renters for the loss of or damage to personal property occurring at the facility or when the property is in transit to or from the facility during the term of the rental agreement. See Montana Code 33-24-302
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sole proprietorship: means an individual doing business in a noncorporate form. See Montana Code 33-28-101
• Special purpose captive insurance company: means a captive insurance company that is formed or authorized under this chapter that does not meet the definition of any other type of captive insurance company defined in this section or is formed by, on behalf of, or for the benefit of a political subdivision of this state. See Montana Code 33-28-101
• 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
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• subscription: includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs that person's own name as a witness. See Montana Code 1-1-203
• Supervising entity: means a business entity that is a licensed insurer or insurance producer that is authorized by a licensed insurer to supervise the administration of a portable electronics insurance program. See Montana Code 33-24-202
• Supervising entity: means a business entity that is a licensed insurer or insurance producer that is authorized by a licensed insurer to supervise the administration of a self-storage insurance program. See Montana Code 33-24-302
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Title guarantee: means a contract by which, subject to its stated terms and conditions, a title insurer guarantees the assured against loss sustained by reason of the incorrectness of assurances set forth in the title guarantee with respect to the stated property. See Montana Code 33-25-105
• Title insurance business: means :

  (a)issuing or offering to issue a title insurance policy as an insurer;

  (b)transacting or proposing to transact any of the following as a title insurer or title insurance producer, in contemplation of or in conjunction with the issuance of a title insurance policy:

  (i)soliciting or negotiating the issuance of a title insurance policy;

  (ii)guaranteeing, warranting, or otherwise insuring the correctness of title searches;

  (iii)handling escrows, settlements, or closings;

  (iv)executing title insurance policies, reports, commitments, binders, and endorsements;

  (v)effecting contracts of reinsurance; or

  (vi)abstracting, searching, or examining titles;

  (c)transacting, as a title insurer or insurance producer, matters subsequent to the issuance of a title insurance policy and arising out of the policy; or

  (d)doing or proposing to do business that, in substance, is equivalent to any of the activities described in subsections (12)(a) through (12)(c) in a manner designed to evade the provisions of this title. See Montana Code 33-25-105

• Title insurance policy: means a contract by which, subject to its stated terms and conditions, a title insurer insures or indemnifies the insured against loss or damage sustained by reason of:

  (a)defects in or liens or encumbrances on the title to the stated property;

  (b)unmarketability of the title to the stated property; or

  (c)invalidity or unenforceability of liens or encumbrances on the stated property. See Montana Code 33-25-105

• Title insurance producer: means a person who holds a valid title insurance producer's license and is authorized in writing by a title insurer to:

  (i)solicit title insurance business;

  (ii)collect rates;

  (iii)determine insurability in accordance with underwriting rules and standards of the insurer; or

  (iv)issue policies of the title insurer. See Montana Code 33-25-105

• Title insurer: means an insurer formed and authorized under the laws of this state to transact the business of title insurance in this state or a foreign or alien insurer so authorized. See Montana Code 33-25-105
• Title plant: means a set of privately maintained records in which entries have been made of documents imparting constructive notice, under the law, of matters affecting title to real property, an interest therein, or an encumbrance thereon, that have been filed or recorded in the jurisdiction for which the title plant is maintained and from which the ownership of real property within the jurisdiction can be ascertained and liens, encumbrances, defects, and clouds on title to the real property can be determined. See Montana Code 33-25-105
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Vendor: means a person in the business of engaging in portable electronics transactions directly or indirectly. See Montana Code 33-24-202
• Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
• Writing: includes printing. See Montana Code 1-1-203