6.6.3703    FORMS--INCORPORATION BY REFERENCE, SUMMARIES, AND OMISSIONS

(1) Information required by any item of Forms A, B, D, or F may be incorporated by reference in answer or partial answer to any other item. Information contained in any financial statement, annual report, proxy statement, statement filed with a governmental authority, or any other document may be incorporated by reference in answer or partial answer to any item of Forms A, B, D, or F, provided the document or paper is filed as an exhibit to the statement. Excerpts of documents may be filed as exhibits if the documents are extensive. Documents currently on file with the commissioner which were filed within three years need not be attached as exhibits. References to information contained in exhibits or in documents already on file must clearly identify the material and must specifically indicate that such material is to be incorporated by reference in answer to the item. Matter must not be incorporated by reference in any case where such incorporation would render the statement incomplete, unclear, or confusing.

(2) Where an item requires a summary or outline of the provisions of any document, only a brief statement must be made as to the pertinent provisions of the document. In addition to such statement, the summary or outline may incorporate by reference particular parts of any exhibit or document currently on file with the commissioner which was filed within three years and may be qualified in its entirety by such reference. In any case where two or more documents required to be filed as exhibits are substantially identical in all material respects except as to the parties, the dates of execution, or other details, a copy of only one of such documents need be filed with a schedule identifying the omitted documents and setting forth the material details in which such documents differ from the documents, a copy of which is filed.

History: 33-1-313, 33-2-1517, MCA; IMP, 33-2-1104, 33-2-1111, 33-2-1113, 33-2-1517, MCA; NEW, 1993 MAR p. 2408, Eff. 10/15/93; AMD, 2014 MAR p. 501, Eff. 3/14/14; AMD, 2016 MAR p. 824, Eff. 5/7/16.