North DakotaHB 15072025 Regular SessionHouseWALLET

AN ACT to create and enact a new chapter to title 6 of the North Dakota Century Code, relating to the establishment and organization of cooperative financial institutions; and to amend and reenact sections 6-01-02, 6-01-15, 6-01-17.1, 6-02-02, 6-02-03, 6-03-02, 6-03-11, 6-03-13.1, 6-03-34, 6-05-01, 6-06-35, 6-07.2-09, 6-07.2-19, and 6-08-08.1 of the North Dakota Century Code, relating to the application, powers, payment of claims, liquidation, and sale of cooperative financial institutions.

Sponsored By: Daniel R. Vollmer (Republican)

Became Law

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 5 benefits, 0 costs, 1 mixed.

Clear rules for winding down coops

Voluntary liquidation rules for credit unions now also cover cooperatives. The board and a majority of members must approve, and the president must notify regulators within three days. Liquidators must conserve assets and distribute them fairly, aiming to finish within one year. In liquidation, member payouts are pro rata based on each member’s account on the liquidation date, after equity capital securities.

Co-ops can seek trust powers

Cooperative institutions and state banking associations can ask the state banking board to let them offer trust and fiduciary services. They must meet the law’s trust‑power conditions. Some capital stock division rules do not apply when trust authority is granted.

Conflict rule eased for state staff

Officers and employees of the state financial department may be members of cooperative financial institutions. This membership no longer breaks the department’s disinterest rule.

New member-owned bank charter

North Dakota creates a new cooperative financial institution charter. At least 15 founding members must sign a written agreement. Coops are nonstock and cannot issue stock; the banking board sets an adequate capital plan. The board holds a public review and the commissioner must confirm capital and federal deposit insurance before opening. Coops are treated as banks where it fits and are exempt from stock-based capital and 50% surplus set‑aside rules that do not match a coop.

Stronger member control and voting

Members get one vote each. No proxy voting is allowed. Boards have 5 to 15 directors with staggered terms and other independence rules. Coops must give set notice and get a two‑thirds member vote for mergers. Directors and top managers cannot take special conversion‑related pay beyond normal fees and compensation. Some stock‑bank director and bylaw rules do not apply to coops.

Conversion options and related fees

Banks, credit unions, and other institutions can convert into a cooperative. A cooperative can convert to a federal savings association or a state credit union. Conversions need board approval, member votes, notices, and filings. Applicants pay set fees: $5,000 to form or convert, and $1,500 for a branch. The commissioner may also charge hourly exam fees and can require a new member vote if the process was improper. Change‑of‑control prior‑notice rules do not apply to coops.

Sponsors & Cosponsors

Sponsor

  • Daniel R. Vollmer

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 131 • No: 3

Senate vote 3/24/2025

Second reading, passed, yeas 44 nays 0

Yes: 44 • No: 0

House vote 2/10/2025

Second reading, passed, yeas 87 nays 3

Yes: 87 • No: 3

Actions Timeline

  1. Filed with Secretary Of State 04/03

    4/7/2025House
  2. Signed by Governor 04/02

    4/4/2025House
  3. Sent to Governor

    4/1/2025House
  4. Signed by Speaker

    4/1/2025House
  5. Signed by President

    3/26/2025Senate
  6. Returned to House

    3/25/2025House
  7. Second reading, passed, yeas 44 nays 0

    3/24/2025Senate
  8. Reported back, do pass, place on calendar 15 0 1

    3/21/2025Senate
  9. Committee Hearing 10:30

    3/19/2025Senate
  10. Rereferred to Appropriations

    3/11/2025Senate
  11. Reported back, do pass 5 0 0

    3/11/2025Senate
  12. Committee Hearing 03:00

    3/10/2025Senate
  13. Introduced, first reading, referred Industry and Business Committee

    2/17/2025Senate
  14. Received from House

    2/11/2025Senate
  15. Second reading, passed, yeas 87 nays 3

    2/10/2025House
  16. Amendment adopted, placed on calendar

    2/7/2025House
  17. Reported back amended, do pass, amendment placed on calendar 8 2 4

    2/6/2025House
  18. Committee Hearing 10:15

    1/28/2025House
  19. Introduced, first reading, referred Industry, Business and Labor Committee

    1/20/2025House

Bill Text

  • Enrollment

  • FIRST ENGROSSMENT

  • INTRODUCED

  • Prepared by the Legislative Council staff for Representative Vollmer

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