DEPARTMENT OF LIVESTOCK POLICY FOR RECORDING, TRANSFERRING AND RERECORDING OF BRANDS
PURPOSE
The purpose of this policy is to implement the provisions of Montana Code Annotated (MCA) 81-1-101 which designates the Montana Department of Livestock as the general recorder of marks and brands.
RECORDING AND TRANSFERRING OF BRANDS
The Department of Livestock issues brands in accordance with MCA 81-3-103 which requires that brands are “distinguishable with reasonable certainty from all other marks and brands.”
1. New Brand Application
- a.Brands will be issued in accordance with Administrative Rules of Montana (ARM) 32.18.110.
- b.Brand applications are available on the Department of Livestock website and in the Helena office.
- c.Applications shall be processed in the order in which they are received.
- d.Applicant must list brand choices in preferential order.
- e.Applicant may choose to have a brand assigned to them by the department by annotating appropriately on the application.
- f.One application may contain brand requests for up to three different species with one position each and freeze brand for cattle in accordance with ARM 32.18.109.
- g.Brands will not be held or checked for conflicts by phone or any means other than the proper application.
2. Brand Owner Name
- a.The brand owner name on a brand application must consist of individuals or entities with documentable proof of identity.
- i.Individuals must use legal names.
- ii.Per ARM 32.18.105, businesses and trusts must be registered with the Montana Secretary of State.
- b.Per ARM 32.18.105, brands owned by multiple individuals or entities shall be designated as either “tenants in common” or “joint tenancy with right of survivorship.”
- c.Legal Name changes such as for marriage or divorce may be completed with a “Name Change Affidavit” and appropriate duplicate certificate fee.
3. Brand Transfers
- a.a. Brands transfers will be completed in accordance with ARM 32.18.110.