1. (1) Brand ownership is valid only if the owner's name is recorded in the department.

2. (2) Multiple names may be recorded in the following manner only: "x and y" or "x or y."

   1. (a) The designation "and/or" is not acceptable.
   2. (b) A brand recorded in "x and y" designates tenancy in common.
   3. (c) A brand recorded in "x or y" designates joint tenancy with right of survivorship.
   4. (d) A non-natural person (e.g., corporation, limited liability company, trust, etc.) cannot own a brand in joint tenancy with right of survivorship. All brand recordings with multiple owners where at least one owner is not a natural person are held in tenancy in common.
3. (3) A brand may be transferred only if the signatures of all recorded owners appear on the transfer whether or not "and" or "or" is between the names.
4. (4) In order to own a Montana brand, a corporation, limited liability company, limited liability partnership, trust, or any other business that is required to be registered with the office of the Montana Secretary of State must be registered with the Secretary of State.

Authorizing statute(s): 81-1-102, MCA

Implementing statute(s): 81-1-102, 81-3-102, 81-3-103, MCA

History: NEW, 1983 MAR p. 739, Eff. 7/1/83; AMD, 2012 MAR p. 1257, Eff. 6/22/12; AMD, 2014 MAR p. 324, Eff. 2/14/14; AMD, 2026 MAR, Notice No. 2026-43, Eff. 5/23/26.