17.86.117    LETTERS OF CREDIT

(1) An owner may satisfy the bonding requirements of this subchapter by submitting a letter of credit that:

(a) is issued by a bank organized or authorized to do business in the United States;

(b) is irrevocable prior to being released by the department;

(c) is payable to the department in part or in full upon demand and receipt from the department of a notice of forfeiture issued in accordance with ARM 17.86.122;

(d) provides, upon expiration, if the department has not notified the bank in writing that a substitute bond has been provided or is not required, the bank shall immediately pay the department the full amount of the letter of credit less any previous drafts;

(e) is not for an amount in excess of 10 percent of the bank's capital surplus account as shown on a balance sheet certified by a certified public accountant and submitted to the department with the letter of credit;

(f) is for an amount that does not exceed three times the bank's maximum single obligation; and

(g) is automatically renewable annually on the letter of credit anniversary date.

(2) The department shall review a bank's qualifications annually before a letter of credit is renewed. If the department determines that a bank has become unable to fulfill its obligations under the letter of credit, the department shall, in writing, notify the owner and specify a reasonable period, not to exceed 90 days, in which the owner shall replace the bond.


History: 75-26-310, MCA; IMP, 75-26-304, MCA; NEW, 2018 MAR p. 94, Eff. 1/13/18; AMD, 2020 MAR p. 957, Eff. 5/30/20.