(1) An out-of-state state-chartered or national bank that seeks to act as a fiduciary foreign trust company in Montana must provide: 

(a) the Fiduciary Foreign Trust Company Application, October 30, 2023, version, which is available on the department's website at banking.mt.gov;

(b) certification from the primary regulator stating:

(i) that the bank is lawfully chartered;

(ii) that the bank is operating in good standing;

(iii) that banking or trust corporations or corporations organized under the laws of Montana or national banking associations that maintain their principal offices in Montana are permitted to act as trustees, guardians, or conservators in the state in which the applicant maintains its principal office; and

(c) the physical location of any principal or trust representative office located in Montana.