1. a. Every corporation owning or leasing farmland or ranchland or engaged in the business of farming or ranching shall keep a record of transfers of shares or transfers of interests in the corporation. b. Every limited liability company owning or leasing farmland or ranchland or engaged in the business of farming or ranching shall keep a record of transfers of membership interests in the limited liability company.
2. a. If a corporation, the corporation's secretary shall cause to be recorded in the record all transfers of shares or transfers of interests among and between the corporation and its respective shareholders or holders of interest. b. If a limited liability company, the limited liability company's secretary shall cause to be recorded in the record all transfers of membership interests among and between the limited liability company and its respective members. 3. The record must contain at least the following: the names of the transferor and transferee, their relationship, the date of the transfer and, if a corporation, the number of shares or the percentage of interests transferred or, if a limited liability company, the number or percentage of membership interests transferred.
10-06.1-17. Annual report - Farming or ranching corporations and farming or ranching limited liability companies - Contents - Filing requirements. 1. Except for the first annual report, the annual report of a farming or ranching corporation or a farming or ranching limited liability company engaged in the business of farming or ranching must be delivered to the secretary of state before April sixteenth of each year. The first annual report must be delivered before April sixteenth in the year following the calendar year of the effective date of the articles of incorporation, articles of organization, or certificate of authority. 2. The annual report must be signed as provided in subsection 58 of section 10-19.1-01 if a farming or ranching corporation and subsection 49 of section 10-32.1-02 if a farming or ranching limited liability company, and submitted on a form prescribed by the secretary of state. If the corporation or limited liability company is in the hands of a receiver or trustee, the annual report must be signed on behalf of the corporation or limited liability company by the receiver or trustee. 3. An annual report of the farming or ranching corporation or the farming or ranching limited liability company must include the following information with respect to the preceding calendar year: a. The name of the farming or ranching corporation or farming or ranching limited liability company. b. The name of the registered agent of the farming or ranching corporation or farming or ranching limited liability company as provided in chapter 10-01.1 and, if a noncommercial registered agent, the address of the registered office of the corporation or limited liability company in this state. c. With respect to each farming or ranching corporation: (1) A statement of the aggregate number of shares the corporation has authority to issue, itemized by classes, par value of shares, shares without par value, and series, if any, within a class. (2) A statement of the aggregate number of issued shares, itemized by classes, par value of shares, shares without par value, and series, if any, within a class. d. With respect to each farming or ranching limited liability company: (1) A statement of the aggregate number of membership interests the limited liability company has authority to issue, itemized as designated under the operating agreement. (2) A statement of the aggregate number of issued membership interests, itemized as designated under the operating agreement. e. With respect to each shareholder or member: (1) The name and address of each, including the names and addresses and relationships of beneficiaries of trusts and estates which own shares or membership interests; (2) The number of shares or membership interests or percentage of shares or membership interests owned by each; (3) The relationship of each; and (4) A statement of whether each is a citizen or permanent resident alien of the United States.
f. With respect to management: (1) If a farming or ranching corporation, the name and address of each officer and member of the board of directors, and a statement of whether each is a shareholder actively engaged in operating the farm or ranch; or (2) If a farming or ranching limited liability company, the name and address of each manager, member of the board of governors, and member authorized under a statement of authority, and a statement of whether each is a member actively engaged in operating the farm or ranch. g. A statement providing the land description and listing the acreage [hectarage] and location listed by section, township, range, and county of all farmland or ranchland owned or leased by the farming or ranching corporation or farming or ranching limited liability company. The statement must also designate which, if any, of the acreage [hectarage] is leased from or jointly owned with any shareholder or member and list the name of the shareholder or member with that acreage [hectarage]. h. A statement of the percentage of the annual average gross income of the farming or ranching corporation or farming or ranching limited liability company which has been derived from engaging in the business of farming or ranching over the previous five years or for each year of existence if less than five years. i. A statement of the percentage of gross income of the farming or ranching corporation or farming or ranching limited liability company derived from nonfarm rent, nonfarm royalties, dividends, interest, and annuities during the period covered by the report. 4. A farming or ranching corporation engaged in the business of farming or ranching which fails to file an annual report is subject to the penalties for failure to file an annual report as provided in chapter 10-19.1, except that the penalties must be calculated from the date of the report required under this section. 5. A farming or ranching limited liability company engaged in the business of farming or ranching which fails to file an annual report is subject to the penalties for failure to file an annual report as provided in chapter 10-32.1, except that the penalties must be calculated from the date of the report required under this section.
10-06.1-17.1. Annual report - Authorized livestock farm corporations and authorized livestock farm limited liability companies - Contents - Filing requirements. 1. Except for the first annual report, the annual report of an authorized livestock farm corporation or authorized livestock farm limited liability company must be delivered to the secretary of state before April sixteenth of each year. The first annual report must be delivered before April sixteenth in the year following the calendar year of the effective date of the articles of incorporation, articles of organization, or certificate of authority. 2. The annual report must be signed as defined in subsection 58 of section 10-19.1-01 if an authorized livestock farm corporation and subsection 49 of section 10-32.1-02 if an authorized livestock farm limited liability company and submitted on a form prescribed by the secretary of state. If the authorized livestock farm corporation or authorized livestock farm limited liability company is in the hands of a receiver or trustee, the annual report must be signed on behalf of the authorized livestock farm corporation or authorized livestock farm limited liability company by the receiver or trustee. 3. An annual report of the authorized livestock farm corporation or the authorized livestock farm limited liability company must include the following information with respect to the preceding calendar year: a. The name of the authorized livestock farm corporation or authorized livestock farm limited liability company. b. The name of the registered agent of the authorized livestock farm corporation or authorized livestock farm limited liability company as provided in chapter 10-01.1 and, if a noncommercial registered agent, the address of the registered office of
the authorized livestock farm corporation or authorized livestock farm limited liability company in this state. c. With respect to each authorized livestock farm corporation: (1) A statement of the aggregate number of shares the authorized livestock farm corporation has authority to issue, itemized by classes, par value of shares, shares without par value, and series, if any, within a class. (2) A statement of the aggregate number of issued shares, itemized by classes, par value of shares, shares without par value, and series, if any, within a class. d. With respect to each authorized livestock farm limited liability company: (1) A statement of the aggregate number of membership interests the authorized livestock farm limited liability company has authority to issue, itemized as designated under the operating agreement. (2) A statement of the aggregate number of issued membership interests, itemized as designated under the operating agreement. e. With respect to each shareholder or member: (1) The name and address of each; (2) If a person other than an individual, the state of incorporation, organization, or domicile; (3) The number of shares or membership interests or percentage of shares or membership interests of each; (4) Each person's percentage of total shares entitled to vote, or membership interests entitled to vote, and whether any voting agreement exists; (5) Each person's percentage of total capital and financial interests; (6) As to individuals, a statement of whether each is a citizen or permanent resident alien of the United States; (7) As to individuals, a statement of whether each will be actively engaged in the business of farming or ranching; and (8) As to a person other than an individual, a statement of whether the person, and any controlling individual or organization of the person, is incorporated or organized in the United States and one hundred percent of the stock or interests is owned by citizens of the United States, permanent resident aliens of the United States, or an authorized person under section 47-10.1-02. f. With respect to management: (1) If an authorized livestock farm corporation, the names and addresses of the officers and members of the board of directors, and a statement whether each is actively engaged in the operation of the corporation; or (2) If an authorized livestock farm limited liability company, the names and addresses of the managers and members of the board of governors, and a statement whether each is actively engaged in the operation of the limited liability company. g. A statement that the authorized livestock farm corporation or authorized livestock farm limited liability company does not own, lease, or hold any interest in more than one hundred sixty acres [64.75 hectares] of farmland or ranchland. h. A statement providing the farmland or ranchland description and listing the acreage [hectarage] and location listed by section, township, range, and county of all farmland or ranchland in which the authorized livestock farm corporation or authorized livestock farm limited liability company has an ownership, leasehold, or other interest. i. A statement that no shareholders or members hold a direct or indirect interest in other authorized livestock farm corporations or authorized livestock farm limited liability companies that in combination with the corporation or limited liability company own, lease, or hold any interest in more than six hundred forty acres [259 hectares] of farmland or ranchland. The interest disclosed under this subdivision does not include the number of acres [hectares] of farmland or
ranchland directly owned or leased by shareholders or members who are individuals, farming or ranching corporations, farming or ranching limited liability companies, or partnerships that meet the requirements of subsection 2 of section 10-06.1-02. j. A statement that the authorized livestock farm corporation or authorized livestock farm limited liability company does not engage in the production of crops or the grazing of livestock on farmland or ranchland. k. The first date of livestock operations. l. A statement of the percentage of the annual average gross income of the authorized livestock farm corporation or authorized livestock farm limited liability company which has been derived from authorized livestock farm operations over the previous five years or for each year of existence if less than five years. m. A statement of the percentage of gross income of the authorized livestock farm corporation or authorized livestock farm limited liability company derived from nonfarm rent, nonfarm royalties, dividends, interest, and annuities during the period covered by the report. 4. An authorized livestock farm corporation engaged in authorized livestock farm operations that fails to file an annual report is subject to the penalties for failure to file an annual report as provided in chapter 10-19.1, except the penalties must be calculated from the date of the report required under this section. 5. An authorized livestock farm limited liability company engaged in authorized livestock farm operations that fails to file an annual report is subject to the penalties for failure to file an annual report as provided in chapter 10-32.1, except the penalties must be calculated from the date of the report required under this section.
10-06.1-18. Reports of corporations and limited liability companies not engaged in farming or ranching. Any business corporation, limited liability company, or nonprofit organization not engaged in the business of farming or ranching which owns or leases a tract of farmland or ranchland which is larger than twenty acres [8.09 hectares] in size shall file with the attorney general, within twelve months of any transaction involving the purchase, sale, or surface leasing of the farmland or ranchland by that corporation or limited liability company, a report containing all of the following information: 1. The name of the corporation or limited liability company and its place of incorporation or organization and, if a nonprofit organization, a copy of its section 501(c)(3) exemption letter from the internal revenue service. 2. The name of the registered agent of the corporation or limited liability company as provided in chapter 10-01.1 and, if a noncommercial registered agent, then the address of the noncommercial registered agent in this state. 3. The acreage [hectarage] and location listed by section, township, range, and county of all the farmland or ranchland owned or leased by the corporation or limited liability company. 4. The date and method of acquisition or disposal of the farmland or ranchland.
10-06.1-19. Exemption from certain disclosure and other requirements for certain organizations. Sections 10-06.1-12, 10-06.1-15, 10-06.1-15.2, 10-06.1-17, 10-06.1-17.1, and 10-06.1-18 do not apply to nonprofit organizations or to corporations or limited liability companies such as banks, trust companies, or foundations serving in a fiduciary capacity as the personal representative or trustee of an estate or trust for an individual described in subsection 2 of section 10-06.1-12.