Montana Code 70-9-802. Definitions
70-9-802. Definitions. In this part, unless the context requires otherwise, the following definitions apply:
Terms Used In Montana Code 70-9-802
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- 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.
- 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
- 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.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
- 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.
- 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
- Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- 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: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- 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
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)”Administrator” means the department of revenue provided for in 2-15-1301.
(2)”Apparent owner” means a person whose name appears on the records of a holder as the person entitled to property held, issued, or owing by the holder.
(3)”Business association” means a corporation, joint-stock company, investment company, partnership, unincorporated association, joint venture, limited liability company, business trust, trust company, land bank, safe deposit company, financial organization, insurance company, mutual fund, utility, or other business entity consisting of one or more persons, whether or not for profit.
(4)”Domicile” means the state of incorporation of a corporation and the state of the principal place of business of a holder other than a corporation.
(5)”Financial organization” means a savings and loan association, bank, banking organization, or credit union.
(6)”Gift certificate” has the meaning provided in 30-14-102.
(7)”Holder” means a person obligated to hold for the account of, or deliver or pay to, the owner property that is subject to this part.
(8)”Insurance company” means an association, corporation, or fraternal or mutual benefit organization, whether or not for profit, engaged in the business of providing life endowments, annuities, or insurance, including accident, burial, casualty, credit life, contract performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice, marine, mortgage, surety, wage protection, and workers’ compensation insurance.
(9)”Mineral” means gas; oil; coal; other gaseous, liquid, and solid hydrocarbons; oil shale; cement material; sand and gravel; road material; building stone; chemical raw material; gemstone; fissionable and nonfissionable ores; colloidal and other clay; steam and other geothermal resource; or any other substance defined as a mineral by the law of this state.
(10)”Mineral proceeds” means amounts payable for the extraction, production, or sale of minerals or, upon the abandonment of those payments, all payments that become payable after abandonment. The term includes amounts payable:
(a)for the acquisition and retention of a mineral lease, including bonuses, royalties, compensatory royalties, shut-in royalties, minimum royalties, and delay rentals;
(b)for the extraction, production, or sale of minerals, including net revenue interests, royalties, overriding royalties, extraction payments, and production payments; and
(c)under an agreement or option, including a joint operating agreement, unit agreement, pooling agreement, and farmout agreement.
(11)(a) “Money order” includes an express money order and a personal money order, on which the remitter is the purchaser.
(b)The term does not include a bank money order or any other instrument sold by a financial organization if the seller has obtained the name and address of the payee.
(12)”Owner” means a person who has a legal or equitable interest in property subject to this part or the person’s legal representative. The term includes a depositor in the case of a deposit, a beneficiary in the case of a trust other than a deposit in trust, and a creditor, claimant, or payee in the case of other property.
(13)”Person” means an individual, business association, financial organization, estate, trust, government, governmental subdivision, agency, or instrumentality or any other legal or commercial entity.
(14)”Personal information” means:
(a)information that identifies or reasonably can be used to identify an individual, such as a first and last name in combination with the individual’s:
(i)social security number or other government-issued number or identifier;
(ii)date of birth;
(iii)home or physical address;
(iv)electronic mail address or other online contact information or internet provider address;
(v)financial account number or credit or debit card number;
(vi)biometric data, health or medical data, or insurance information; or
(vii)passwords or other credentials that permit access to an online account or other account; and
(b)personally identifiable financial or insurance information, including nonpublic personal information defined by applicable federal law.
(15)(a) “Property” means tangible property described in 70-9-804 or a fixed and certain interest in intangible property that is held, issued, or owed in the course of a holder’s business or, except as provided in subsection (15)(b), by a government, governmental subdivision, agency, or instrumentality and all income or increments from the property. The term includes property that is referred to as or evidenced by:
(i)money, virtual currency, check, draft, deposit, interest, or dividend;
(ii)credit balance, customer’s overpayment, gift certificate, security deposit, refund, credit memorandum, unpaid wage, unused ticket, mineral proceeds, or unidentified remittance;
(iii)stock or other evidence of ownership of an interest in a business association or financial organization;
(iv)bond, debenture, note, or other evidence of indebtedness;
(v)money deposited to redeem stocks, bonds, coupons, or other securities or to make distributions;
(vi)an amount due and payable under the terms of an annuity or insurance policy, including policies providing life insurance, property and casualty insurance, workers’ compensation insurance, or health and disability insurance; and
(vii)an amount distributable from a trust or custodial fund that is established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits.
(b)The term does not include:
(i)property that is held, issued, or owed by a local government entity, as defined in 2-7-501;
(ii)property held in state and local government sponsored retirement plans governed by Title 19;
(iii)property held in a plan as described in section 529A of the Internal Revenue Code, 26 U.S.C. § 529A, as amended.
(16)”Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form.
(17)”Security” means:
(a)a security as defined in 30-8-112;
(b)a security entitlement as defined in 30-8-112, including a customer security account held by a registered broker-dealer, to the extent the financial assets held in the security account are not:
(i)registered on the books of the issuer in the name of the person for which the broker-dealer holds the assets;
(ii)payable to the order of the person; or
(iii)specifically indorsed to the person; or
(c)an equity interest in a business association not included in subsection (17)(a) or (17)(b).
(18)”State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession that is subject to the jurisdiction of the United States.
(19)”Utility” means a person who owns or operates for public use any plant, equipment, real property, franchise, or license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas.
(20)(a) “Virtual currency” means a digital representation of value used as a medium of exchange, unit of account, or store of value that does not have legal tender status recognized by the United States.
(b)The term does not include:
(i)the software or protocols governing the transfer of the digital representation of value;
(ii)game-related digital content; or
(iii)a loyalty card.
(21)”Worthless security” means a security whose cost of liquidation and delivery to the administrator would exceed the value of the security on the date a report is due under this part.