33-1-410. Conflict of interest. - Montana Statutes

     33-1-410. Conflict of interest. (1) An examiner may not be appointed by the commissioner if the examiner, either directly or indirectly, has a conflict of interest with, is affiliated with the management of, or owns a pecuniary interest in any person subject to examination under this part. This section may not be construed to automatically preclude an examiner from being:
     (a) a policyholder or claimant under an insurance policy;
     (b) a grantor of a mortgage or similar instrument on the examiner's residence to a regulated entity if done under customary terms and in the ordinary course of business;
     (c) an investment owner in shares of regulated diversified investment companies; or
     (d) a settlor or beneficiary of a blind trust into which any otherwise impermissible holdings have been placed.
     (2) Notwithstanding the requirements of this section, the commissioner may retain from time to time, on an individual basis, qualified actuaries, certified public accountants, or other individuals who are independently practicing their professions, even though the persons may from time to time be similarly employed or retained by persons subject to examination under this part.

     History: En. Sec. 33, Ch. 596, L. 1993.