47 chapters · 661 sections in this title.
N.D.C.C. § 10-06.1-01 Definitions
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For the purposes of this chapter, unless the language or context clearly indicates that a different meaning is intended: 1. "Agricultural support services" means the business of providing aerial or surface application services for others of seed, fertilizer, pesticides, or soil a…
N.D.C.C. § 10-06.1-03 Retention of mineral interests prohibited
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For land and minerals acquired after July 1, 1985, any corporation or limited liability company that acquires mineral interests through foreclosure or in lieu of foreclosure which were not specifically valued at the time the security interest in the minerals was acquired, and whi…
N.D.C.C. § 10-06.1-04 Conversion of corporations
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1. A business corporation regulated under chapter 10-19.1 may convert to a farming or ranching corporation or an authorized livestock farm corporation by adopting an amendment to its articles of incorporation or by applying for an amended certificate of authority which specifies …
N.D.C.C. § 10-06.1-05 Conversion of limited liability company
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1. A business limited liability company regulated under chapter 10-32.1 may convert to a farming or ranching limited liability company or an authorized livestock farm limited liability company by adopting an amendment to its articles of organization or by applying for an amended …
N.D.C.C. § 10-06.1-06 Surface coal mining - Exception
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A corporation or limited liability company not engaged in the business of farming or ranching may own or lease farmland or ranchland, when the business of the corporation or limited liability company is conducting surface coal mining operations or related energy conversion, and w…
N.D.C.C. § 10-06.1-07 Industrial and business purpose - Exception
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A corporation or limited liability company that is not engaged in the business of farming or ranching may own or lease farmland or ranchland when the land is necessary for residential or commercial development; the siting of buildings, plants, facilities, industrial parks, or sim…
N.D.C.C. § 10-06.1-11 Required nonprofit organization divestiture of farmland or ranchland
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In addition to the divestiture requirements of sections 10-06.1-10 and 10-06.1-24, a nonprofit organization that acquires farmland or ranchland by gift or devise after December 31, 1984, the ownership of which is not permitted under this chapter, shall divest itself of the land w…
N.D.C.C. § 10-06.1-12.1 Ownership or leasing of land by corporations - Exceptions
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Disapproved by R.M. June 14, 2016. 10-06.1-12.2. Authorized livestock farm corporation or authorized livestock farm limited liability company allowed to engage in the business of farming or ranching - Requirements. This chapter does not prohibit an authorized livestock farm corpo…
N.D.C.C. § 10-06.1-13 Applicability of North Dakota Business Corporation Act
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Chapter 10-19.1 is applicable to farming or ranching corporations and authorized livestock farm corporations, which have the powers and privileges and are subject to the duties, restrictions, and liabilities of other business corporations except when inconsistent with the intent …
N.D.C.C. § 10-06.1-14 Applicability of North Dakota limited liability company laws
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Chapter 10-32.1 is applicable to farming or ranching limited liability companies and authorized livestock farm limited liability companies, which have the powers and privileges and are subject to the duties, restrictions, and liabilities of other business limited liability compan…
N.D.C.C. § 10-06.1-15.1 Applicability of restriction on alien ownership of land
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The provisions of chapter 47-10.1 take precedence in the event of any conflict with this chapter. 10-06.1-15.2. Initial report - Authorized livestock farm corporation shareholder and authorized livestock farm limited liability company member requirements. 1. Every authorized live…
N.D.C.C. § 10-06.1-16 Share and membership interest transfer records
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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…
N.D.C.C. § 10-06.1-20 Failure to file report - Penalty
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Every corporation or limited liability company that willfully fails to file any report required under this chapter or willfully files false information on any report required under this chapter is guilty of a class A misdemeanor.
N.D.C.C. § 10-06.1-21 Secretary of state to transmit information of noncompliance
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If the secretary of state finds from the annual report that the corporation or limited liability company is not in compliance with the requirements of section 10-06.1-12 or 10-06.1-12.2, the secretary of state shall transmit the information to the attorney general and the governo…
N.D.C.C. § 10-06.1-22 Tax commissioner to compare returns and reports
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Each year the tax commissioner shall select at random at least five percent of the income tax returns filed by corporations or limited liability companies which report on income from engaging in the business of farming or ranching and shall compare the returns with the annual rep…
N.D.C.C. § 10-06.1-23 Attorney general to conduct random compliance program
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Each year the attorney general shall select at random at least five percent of the total number of corporations and limited liability companies authorized under this chapter for requests for information to determine compliance with this chapter. For this purpose, the attorney gen…
N.D.C.C. § 10-06.1-24 Enforcement - Penalty
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1. a. The recorder shall mail or deliver a copy of every instrument filed or recorded, within thirty days after the instrument is recorded, to the attorney general if the instrument documents evidence of a lease agreement or purchase agreement pursuant to subsection 6 or 7 or if …
N.D.C.C. § 10-06.1-25 Private enforcement
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This chapter may be enforced in the same manner as provided in section 10-06.1-24 by any corporation or limited liability company authorized to engage in the business of farming or ranching under this chapter or any resident of legal age of a county in which the farmland or ranch…
N.D.C.C. § 10-06.1-26 Protection of minority shareholders
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1. If a shareholder owns less than fifty percent of the shares of a farming or ranching corporation or authorized livestock farm corporation engaged in the business of farming or ranching under this chapter, and if the terms and conditions for the repurchase of those shares by th…
N.D.C.C. § 10-06.1-27 Protection of minority members
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1. If a member owns less than fifty percent of the membership interest of a farming or ranching limited liability company or authorized livestock farm limited liability company engaged in the business of farming or ranching under this chapter and if the terms and conditions for t…