LAWS & RULES
The business of insurance and the offer and sale of securities are governed by state and federal law. CSI primarily enforces state law. State laws include state statutes, administrative rules, and court decisions interpreting these statutes and administrative rules.
All Montana state statutes are published in the Montana Code Annotated. Those statutes that govern the insurance and securities industries are found in Title 33 and Title, 30, Chapter 10 of the Montana Code Annotated (MCA), respectively.
The legislature meets biennially for 90 days starting in January on odd-numbered years. Any changes the legislature makes to these and other statutes are reported a few months after each legislative session. The status of any particular bill making changes to a statute may be tracked during the session on the Montana Legislature’s website.
In some cases, a statute grants the CSI discretion in how to implement a statute by administrative rule. Unlike statutes, which can change only when the legislature is in session, the CSI can initiate a process to change its administrative rules at any time. CSI’s administrative rules are published in the Administrative Rules of Montana, Chapter 6. Learn more about proposed rules and the adoption process of an Administrative Rule on the Montana Secretary of State’s Website. A graphical explanation of the rules process can be found HERE.
CSI periodically publishes guidance as to how this agency interprets a statute or law in the form of an advisory memorandum. CSI publishes these memorandums HERE.
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INSURANCE LAWS & RULES
Our insurance department is charged by statute with regulating the business of insurance to guarantee it is conducted in accordance with the law and in such a way as to protect policyholders and the general public.
SECURITIES LAWS & RULES
In addition to our regulatory function, the securities department has the authority to investigate violations of the Securities Act of Montana. We have jurisdiction over fraudulent securities transactions and have broad enforcement authority to file administrative and injunctive actions and to refer criminal matters to county attorneys.
PROPOSED & NEWLY ADOPTED RULES
There are specific timelines that must be followed before the adoption of administrative rules. This process is outlined in 2-4-302, MCA. Below are newly proposed or adopted administrative rules submitted by the Office of the Montana State Auditor, Commissioner of Securities and Insurance.