SERVICE OF PROCESS

ALL FOREIGN AND ALIEN INSURERS MUST APPOINT A REGISTERED AGENT AS FOLLOWS:

  • Complete a Form 12
  • Mail Form 12 to: Montana State Auditor | Attn: Exams | 840 Helena Avenue | Helena, MT 59601

RESOURCES FOR FINDING A REGISTERED AGENT:

Go to sbs.naic.org/solar-external-lookup

  • Set Montana as Jurisdiction
  • Set Company as Search Type
  • Enter company name
  • Agree to NAIC’s Terms and Conditions
  • Select a company from the list
  • Service of Process is under the Contact heading

Go to biz.sosmt.gov/search/business

  • Enter company name
  • Select a company from the list
  • Registered Agent is listed in the “Request Information” window

The CSI will become involved in the service of process under three circumstances:

  • Unauthorized insurers doing business in Montana
  • Foreign or alien insurers doing business in Montana
  • Broker-dealers, investment advisors, securities salespersons, investment advisor representatives, and every issuer that proposes to register and offer a security in Montana.

UNAUTHORIZED INSURERS DOING BUSINESS IN MONTANA

An unauthorized insurer is an insurer not authorized by a certificate of authority issued by the CSI to transact insurance in this state. Specifically, the Code provides:

33-1-612. Commissioner—process agent for unauthorized insurer doing business in state. Delivery, effectuation, or solicitation of any insurance contract, by mail or otherwise, within this state by an unauthorized insurer or the performance within this state of any other service or transaction connected with the insurance by or on behalf of the insurer must be considered to constitute an appointment by the insurer of the commissioner and the commissioner’s successors in office as its attorney, upon whom may be served all lawful process issued within this state in any action or proceeding against the insurer arising out of any contract or transaction and must be considered to signify the insurer’s agreement that any service of process has the same legal effect and validity as personal service of process upon it in this state.

Montana Code Ann. § 33-1-612.

To request that CSI act as an agent on an unauthorized insurer as required by Mont. Code Ann. § 31-1-612, please provide CSI:

  • Two copies of the process.
  • Payment of a $50 filing fee.
  • Mont. Code Ann. § 33-1-613(1) and 33-1-606(1)(c).

FOREIGN OR ALIEN INSURERS DOING BUSINESS IN MONTANA

The CSI will act as a process agent on a foreign or alien insurer “[i]f a registered agent cannot be found for a foreign or alien insurer doing business in this state, if the agent of record is no longer at the agent’s listed address, if the insurer has failed to maintain an agent as required by 33-1-605, or for other good cause shown for which a person’s rights may be adversely affected by the inability to serve an insurer.”

To request CSI to act as an agent for service on a foreign or alien insurer as described above, please provide the following to the CSI:

  • The Requesting Party provides CSI an affidavit stating that one of the above-described conditions exists and stating the most recent address of the Receiving Party that the Requesting Party, after diligent search, has been able to ascertain.
  • The Requesting Party provides to CSI with two copies of the Legal Document to be served on the Receiving Party.
  • The Requesting Party provides CSI a filing fee of $50. Mont. Code Ann. § 33-1-606(1).

BROKER-DEALERS, INVESTMENT ADVISORS, SECURITIES SALESPERSONS, INVESTMENT ADVISOR REPRESENTATIVES, AND EVERY ISSUER THAT PROPOSES TO REGISTER AND OFFER A SECURITY IN MONTANA.

The Securities Act of Montana requires every applicant for registration as a broker-dealer, investment adviser, salesperson, or investment adviser representative, and every issuer that proposes to register and offer a security in Montana through any person acting on an agency basis to file with CSI an irrevocable consent appointing CSI to be the applicant’s agent for service of any lawful process in any noncriminal suit, action, or proceeding against the applicant that arises under the Securities Act of Montana or any rule or order under the Securities Act of Montana after the consent has been filed. Mont. Code Ann. § 30-10-208(1). Where such a consent has been filed, the Requesting Party may serve the Receiving Party by delivering a copy of the process to CSI. See Mont. Code Ann. § 30-10-208(2).

Please deliver the required documents and filing fee to CSI at the following address:

Montana State Auditor | Attn: Legal | 840 Helena Avenue | Helena, MT 59601