Montana Escrow Business Licensing
A escrow license is required to engage in business as defined in the Regulation of Escrow Businesses Act (Section 32-7-101, MCA). The Regulation of Escrow Businesses Act provides that the business practices of the escrow industry are fair and orderly among the members of the escrow industry, with due regard to the ultimate consumers in this important area of property protection.
Important Considerations for Escrow Business Licensees
- The original copy of the escrow business license is to be displayed at the licensed location in Montana.
- If a licensee changes its location the Division of Banking and Financial Institutions must be promptly notified in writing. The original license must be surrendered and a new license with the proper address will be issued.
- Licenses expire annually on June 30. Licensees will receive a renewal packet in April or early May, which is to be returned to the Division of Banking and Financial Institutions by June 1.
- Licenses are non-transferable and non-assignable. If more than twenty-five percent (25%) of the ownership interest in a licensee is transferred to a new owner, the licensee must apply for a new license.
- Statutory and operational benefits conferred by a license apply only to business activity after the date of licensure. Business conducted prior to the date of licensure is not ratified or validated by obtaining a license.
- Montana law requires each licensee to maintain books, accounts and records that will allow the Division of Banking and Financial Institutions to determine if the licensee is complying with the provisions of the Regulation of Escrow Businesses Act .
- Each licensee on or before April 30 is also required to file a statement of its financial condition, transcations for the preceding December 31. The financial statement must be certified by an independent public accountant.
- New Licensees: Licensees must notify the Division of Banking and Financial Institutions when it begins to engage in the escrow business, as it is the practice of the Division of Banking and Financial Institutions to conduct an initial examination of a new licensee within the first few weeks of operation.
Administrative Rules
Forms & Instructions
Questions?
Division of Banking and Financial Institutions
301 South Park, Suite 316, PO Box 200546, Helena, MT 59620
Phone: (406) 841-2920 Fax: (406) 841-2930