North Dakota Administrative Code

The establishment of a series in an operating agreement must be disclosed to the secretary of state. 1. The domestic parent limited liability company shall file articles of organization with the secretary of state. a. If the series is established at the time of the filing of arti…

The establishment of a series in an operating agreement must be disclosed to the secretary of state. 1. The foreign parent limited liability company promptly shall file a certificate of authority with the secretary of state that complies with subsection 13 of North Dakota Century…

1 The name of each child series must be: a. Provided in the parent limited liability company's articles or amended articles of organization, or certificate or amended certificate of authority, filed with the secretary of state; and b. Registered as a trade name with the secretary…

1. A commercial or noncommercial registered agent appointed for the parent limited liability company shall serve as the registered agent for each child series. There is no separate appointment of a registered agent for a child series. 2. A child series may not serve as registered…

The parent limited liability company shall file an annual report in accordance with North Dakota Century Code section 10-32.1-89. A child series is not separately registered as a limited liability company and does not have annual report requirements in this state. 3 History: Effe…

Upon request and payment of fees: 1. A certificate of good standing, existence, or fact may be furnished by the secretary of state on the parent limited liability company. 2. A certificate of fact may be furnished by the secretary of state on a child series trade name registratio…

1. When a child series ceases to exist: a. Amended articles of organization or an amended certificate of authority must be filed with the secretary of state to remove the child series name from the articles or certificate; and b. A request to cancel the trade name of that child s…

For purposes of this chapter, unless the context otherwise requires: 1. "Keyword" means any word, symbol, or abbreviation that is not: a. The word "a", when used as an article of speech; b. The word "an"; c. The word "and" or symbol "&"; d. The word "the"; e. The word "to"; f. Th…

These rules apply to all filings submitted to the secretary of state that require name availability review and are received by the secretary of state on or after the date the secretary of state certifies to the legislative council that all necessary administrative rules and infor…

1. If a proposed name is distinguishable in the secretary of state's records, the secretary of state shall file the proposed name unless an exception applies. 2. The secretary of state may not make a determination as to whether the use of a proposed name or a name constitutes unf…

Names are distinguishable in the secretary of state's records and are therefore available for use if a comparison of the names reveals sufficient differences. Conditions that qualify as sufficient differences between names include: 1. There is a difference of at least one keyword…

Names that are not distinguishable in accordance with section 72-03-02-04 are not available for use without written consent under section 72-03-02-10 or a court judgment. The existence of one or more of the following conditions does not make a name distinguishable: 1. The letter …

1. A name or proposed name may contain the following special characters if those special characters are printable characters in the American standard code for information interchange table (character code 32-127): a. ! exclamation mark; b. " double quotes; c. # number sign; d. $ …

The secretary of state may exercise discretion to determine names and proposed names to be indistinguishable if special characters or numbers are used in place of letters, including in the following circumstances: 1. ! used as the letter "i". 2. @ used as the letter "a". 3. $ use…

1. The secretary of state may reject a proposed name if the name indicates a purpose that would be unlawful for the entity to engage in, including: a. A corporation or limited liability company proposed name may not contain the word "farm", "ranch", or words of like meaning unles…

1. The secretary of state may determine an indistinguishable name or proposed name to be available for use with written consent of the owner of the name from which the proposed name has been determined to be indistinguishable or a court judgment. Proof of consent must be submitte…

1. In determining the availability of a proposed name, names not in active status in the secretary of state's records are available for use. 2. Among the matters that may not be considered in determining the availability of a proposed name are the following: a. Whether the purpos…

The conditions provided in this chapter are not exclusive. If a situation presents that is not provided for in this chapter, the secretary of state has the discretion to make the determination whether the proposed name is distinguishable and thus available. History: Effective Jan…

1. The final determination on the availability of a proposed name must be made by the secretary of state and may be made after the filing containing the proposed name is submitted to the secretary of state. 2. An opinion given by an employee of the secretary of state on the avail…

These rules are applicable and available to any state agency as defined in North Dakota Century Code section 44-08-04.2 charged by law with the duty of receiving signed, subscribed, or verified documents. Any such document may be submitted by fax as permitted by the state agency …

1. "Facsimile filer" or "filer" means a person who transmits or causes to be transmitted a facsimile filing to a state agency. 2. "Facsimile filing" or "filing by fax" means the facsimile transmission of a document to a state agency that accepts such documents. 3. "Facsimile tran…

The document used for transmitting a fax other than a transmission cover sheet must be an original legible document. Any document that exceeds eight and one-half inches [21.59 centimeters] by eleven inches [35.56 centimeters] must be reduced in size to not more than eight and one…

A facsimile filing must be accompanied by a completed transmission cover sheet. The cover sheet must be the first page transmitted. The state agency shall ensure that any credit card information on the transmission cover sheet not be publicly disclosed. History: Effective October…

Each document transmitted by fax for direct filing with a state agency must contain the phrase "by fax" or "by facsimile" immediately below the title of the document. History: Effective October 1, 1998. General Authority: NDCC 1-08-12 Law Implemented: NDCC 1-08-12

A facsimile filer shall cause the transmitting facsimile machine to print a transmission record of each filing by fax. If the facsimile filing is not filed with the state agency because of an error in the transmission of the document to the state agency which was unknown to the f…

1. A credit or debit card account acceptable to the state agency may be used to pay for filing fees on facsimile filings made directly to a state agency. The transmission cover sheet for these filings must include the credit or debit card account number to which the fee is be cha…

A facsimile filer may pay for filing fees by establishing an automated clearinghouse debit or credit transaction. The facsimile filer shall contact the state agency to establish the payment procedure prior to the initial automated clearinghouse transaction. The facsimile filer mu…

1. Possession of original document. A facsimile filer who files a signed document pursuant to these rules represents that the original signed document is in the filer's possession or control and available for inspection by or delivery to the state agency at any reasonable time an…

A state agency agreeing to accept fax filings shall make its fax machine generally available for receipt of documents during normal business hours on normal business days. This provision does not prevent the state agency from utilizing the fax machine to transmit documents or pro…

A state agency may maintain a manual or other log to record incoming fax filings. The log or record may contain a description of the received document and the state agency staff person to whom the document was assigned for filing. History: Effective October 1, 1998. General Autho…

These rules apply to any state agency as defined in North Dakota Century Code section 44-08-04.2 charged by law with the duty of receiving signed, subscribed, or verified documents. Such a state agency may accept documents transmitted via tangible media such as 3.5 inch [8.89 cen…

1. "Mandatory cover sheet" means a form developed by a state agency which must accompany any tangible media filing. The form must identify the filer and list the filer's full post-office address and telephone number. The form may also contain any filing fee information or other p…

The tangible media employed by the filer must be of a type acceptable to the state agency and usable by the state agency utilizing its current electronic equipment and software. It must be of a type and format that produces a clear readable usable document. History: Effective Oct…

A tangible media filing must be accompanied by the mandatory filing cover sheet as defined in this chapter. In addition, the tangible media object or any case or container in which it is contained or enclosed must be labeled with the filer's name, address, and a brief description…

Any tangible media submitted for filing under this chapter must be examined by the state agency within a reasonable time after presentment. The examination may include any virus check or security check to ensure the safety and security of the state agency's systems, equipment, an…

Any tangible media object that has been accepted for filing by a state agency must be retained in conformity with its records retention schedule. History: Effective October 1, 1998. General Authority: NDCC 1-08-12 Law Implemented: NDCC 1-08-12

1. Possession of original document. Any filer filing by tangible media pursuant to these rules represents that the original signed document is in the filer's possession or control and is available for examination and inspection by or delivery to the state agency at any reasonable…

1. "Company" means any company, corporation, limited liability company, or other entity engaged in the business of supplying electronic voting systems. 2. "EAC" means the federal election assistance commission or any entity or agency succeeding to its function or role. History: E…

Prior to procurement and subsequent use in this state, a company supplying electronic voting systems shall give written notice to the secretary of state and provide a demonstration certifying that its system complies with applicable laws and is certified by a voting system test l…

The secretary of state may decertify and revoke a certificate of approval of any electronic voting system previously certified according to section 72-06-01-02 if the secretary of state becomes aware that: 1 1. Any substantial modification was made to the electronic voting system…

Repealed effective January 1, 2022.

system. A voting mark that touches the oval on a digital scan ballot used as a part of an electronic voting system shall be counted as if it were in the oval. A name of an individual who is eligible to be elected which is written or entered by a voter on the space provided for wr…

Repealed effective January 1, 2022.

addressed in this chapter. After certifying a new electronic voting system according to section 72-06-01-01 which is not otherwise addressed in this chapter, and within sixty days following the issue of a certificate of approval by the secretary of state, the secretary of state s…

Before the secretary of state grants a certificate of approval, the following capabilities or features of a ballot marking device must be demonstrated to the secretary of state or the secretary of state's designee upon such official's request. As used in this section, the term "d…

The secretary of state shall provide county auditors with a procedure and a form to utilize when notifying a military or overseas voter that the voter's request for an absentee ballot was rejected and the reason for the rejection. History: Effective March 1, 2004. General Authori…

1. "Federal" as used in paragraphs three and five of subdivision b of subsection 3 of North Dakota Century Code section 16.1-01-04.1 includes tribal governments within the state. 2. "Supplemental documentation", for the purpose of voting, means documents provided by the sources l…

A valid tribal identification for the purposes of voting may be any document deemed official by a tribal government, issued by a tribal government in this state to a tribal member residing in North Dakota, and listing the tribal member’s name, date of birth, and residential stree…

To expedite the use of tribal identification for tribal members residing in North Dakota, the secretary of state shall enter into a memorandum of agreement at the request of any tribal government located in North Dakota for the purposes of receiving tribal identification informat…

The secretary of state shall provide a form that a tribal government may use for the purpose of providing supplemental documentation to a tribal member whose identification does not provide the tribal member's current name, date of birth, or residential street address. The supple…