ARM 42.12.210

ARM 42.12.210. COMPLETED TRANSACTIONS UNDER BONA FIDE SALES

SupersededLast amended: 2003Length: 261 wordsOfficial source

Cite as Mont. Admin. R. 42.12.210

(1) A transaction under a bona fide sale is complete only if the department receives an application for a license submitted pursuant to ARM 42.12.101, and the department approves the application pursuant to 16-4-402 , MCA, and this rule. (2) An application will not be approved if the sale transaction: (a) provides for a person other than the applicant to have an option to purchase the license; (b) involves an escrow agent, unless the parties are required to report to the department all changes or assignments to the original escrow agreement within 30 days of the change; (c) involves a loan from a non-institutional lender or a loan guarantor, unless the loan from a non-institutional lender has been approved in writing by the department, but this does not preclude a qualified owner of a license from lending money to the business operated under the license or from individually guaranteeing a debt incurred by the business operated under the license; (d) involves a lessor of the licensed premises who is not qualified to own the license being applied for, unless the department approves in writing; (e) involves an applicant who is or will be the manager of an associated business if the associated business is owned or controlled by a person who is not qualified to own the license being applied for, unless the department approves in writing; or (f) involves any business relationship, with respect to the proposed alcoholic beverages business, with a person who is not qualified to own the license being applied for, unless the department approves in writing.
ARM 42.12.210: ARM 42.12.210. COMPLETED TRANSACTIONS UNDER BONA FIDE SALES | Justis AI