HOME    SEARCH    ABOUT US    CONTACT US    HELP   
           
This is an obsolete version of the rule. Please click on the rule number to view the current version.

38.3.2101    SALE OR TRANSFER OF CERTIFICATE OF AUTHORITY

(1) As authorized by 69-12-325, MCA, public service commission certificates or permits may be sold or transferred.   The application for sale or transfer shall be addressed to the commission, be sworn to, and contain the following information:

(a) the name and address of the owner and the number of the certificate, together with request that authority be granted such owner to sell or transfer all rights, title and interest under such certificate to the named vendee or purchaser.

(b) the name and main office address of the vendee or purchaser, that such vendee or purchaser is desirous of acquiring Certificate No. _____, that the operations to be conducted thereunder will be in accordance with the rules and regulations of the commission, and should the vendee or purchaser be a legal corporation, the officers of such corporation and their addresses.

(c) a list of equipment the vendee or purchaser intends to operate under such certificate, giving the state license number, year and name of the vehicle, the serial number, and seating capacity thereof; (In case the vehicles are to be used in transporting property, the maximum load to be carried must also be shown.)

(d) state that the vendee or purchaser will furnish before beginning operation, insurance, surety bond, or other approved security, covering all vehicles to be operated;

(e) if the vendee or purchaser desires to adopt the tariffs and time schedules, etc., of the vendor on file with the commission, it shall here so be stated and reference to each of such publications by number and effective date must be made; (Does not apply to class C carriers.)

(f) in case the vendee or purchaser does not desire to adopt the tariffs, time schedules, etc., of the vendor, it shall be so stated;

(g) in case the vendee or purchaser consists of more than one person (not incorporated) operating as a co-partnership under a trade name, then this item shall state that a certified copy of such partnership agreement is attached;  

(h) shall set out the date on which it is desired that such sale or transfer shall become effective; no sale or transfer being retroactive, or effective until approved by the commission;

(i) shall state that the original certificate is attached, but if the original certificate issued by this commission has been lost, a statement showing the facts shall be inserted under this item or a separate affidavit reciting the loss of the certificate and accompanying the application;  

(j) shall set forth that the sale or transfer is not for purpose of hindering, delaying or defrauding creditors;  

(k) shall be accompanied by the vendee or purchaser's current financial balance sheet setting forth the assets, liabilities and equity of the transferee, if the purchaser is in motor carrier transportation business, then the vendee's or purchaser's current financial income statement setting forth operating revenues, operating expenses, and net operating income of the transferee if said transferee is presently in the motor carrier transportation business; and

(l) shall be signed by the owner and the purchaser as follows.

 

State of Montana,

County of _________________________________)ss.

______________________________ and ____________________________ being first duly sworn, each for himself, deposes and says that he is one of the parties to the proceeding entitled above; that he has read the foregoing application and knows the contents thereof; that the same is true of his own knowledge, except as to matters which are therein stated on information or belief, and as to those matters he believes it to be true.

                                                                                ______________________________________

                                                                                ______________________________________

          Subscribed and sworn to before me this __________ day of ________________, 19____.

 

                                                                                ________________________________________

                                                                                Notary public for the State of Montana.

                                                                                Residing at ____________________________

                                                                                My Commission expires __________________

(2) It is required that full compliance and completion of sales and transfers be consummated within 30 days after the mailing of the notice of the commission's approval or suffer the revocation of such right to said certificate of public convenience and necessity by the commission.

(3) Application for sales or transfers of interstate permits should be accompanied by the written approval (or certi- fied copy) of the interstate commerce commission.   Failure to file such ICC approval will be grounds for denial of the transfer of the Montana interstate permit.

History: Sec. 69-12-201, MCA; IMP, Sec. 69-12-325, MCA; Eff. 12/31/72; AMD, 1984 MAR p. 1129, Eff. 8/17/84; AMD, 1990 MAR p. 1263, Eff. 6/29/90; AMD, 2000 MAR p. 1668, Eff. 6/30/00.

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security