6.12.1204    LIVING TRUST REPRESENTATIVE BOOKS AND RECORDS

(1) Each living trust representative shall make and keep all books and records relating to the representative's offering and sales of living trusts, including, but not limited to, the following:

(a) each written agreement (or copy thereof) entered into by the living trust representative with a client;

(b) a complaint file containing each written customer or client complaint, the action taken by the living trust representative with respect to each complaint, and all documents related to the complaint;

(c) a litigation file documenting each criminal or civil action filed in a state or federal court against the living trust representative, and the disposition of any such action;

(d) a correspondence file containing all correspondence to and received from the public; and

(e) a file containing a copy of all letters of solicitation to clients with whom a living trust agreement is executed.

(2) Records made and kept pursuant to (1) shall be maintained and preserved for a period of at least 5 years.

(3) The state auditor may copy records made, kept, or preserved pursuant to (1) or require a living trust representative to copy those records and provide the copies to the state auditor.

(4) A living trust representative may make and keep records required to be made and kept by (1) on a computer, microform, or other electronic data storage system if the records can be immediately produced in document form.

History: Sec. 30-10-905, MCA; IMP, Sec. 30-10-905, MCA; NEW, 1997 MAR p. 1917, Eff. 10/21/97.