Title 6 — Banks and Banking
45 chapters · 536 sections in this title.
N.D.C.C. § 6-01-02 Definitions
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As used in this title, unless the context or subject matter otherwise requires: 1. "Association", "banking association", or "state banking association" means any corporation organized under the laws of this state covering state banking associations, and all corporations, limited …
N.D.C.C. § 6-01-03 State banking board and state credit union board
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1. The state banking board consists of the commissioner and six members to be appointed by the governor, four of whom must each have had at least five years' experience in an executive capacity in the management of a state bank in the state of North Dakota, one of whom must have …
N.D.C.C. § 6-01-04 Powers and duties of the state banking board and state credit union board
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(Effective through June 30, 2029) 1. The state banking board may adopt rules for the government of financial institutions and trust companies mentioned in section 6-01-01 to the extent the rules do not conflict with any law of this state or of the United States. The state banking…
N.D.C.C. § 6-01-04.2 Cease and desist orders
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1. The department of financial institutions or the board may issue and serve upon a financial corporation, financial institution, or credit union subject to its jurisdiction a complaint stating the factual basis for the department's or board's belief that the financial corporatio…
N.D.C.C. § 6-01-04.3 Assessment of civil money penalties
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1. The commissioner or the board may assess a civil money penalty against a financial institution, financial corporation, or credit union, or an officer, director, employee, agent, or person participating in the conduct of the affairs of the financial corporation, financial insti…
N.D.C.C. § 6-01-04.4 Prompt corrective action
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The commissioner or board may enter an order if the commissioner or board finds that a state bank is undercapitalized, significantly undercapitalized, or critically undercapitalized. For the purpose of this section, undercapitalized, significantly undercapitalized, and critically…
N.D.C.C. § 6-01-04.5 Investigation of bank holding companies
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The department may investigate a bank holding company that owns or controls a North Dakota state chartered financial institution upon the commissioner's receipt of information material to the safety and soundness of the bank holding company, and may pursue and impose penalties un…
N.D.C.C. § 6-01-05 Taking of testimony and enforcement of orders
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The state banking board, the state credit union board, the commissioner, and the deputy examiners each have the power to subpoena witnesses, administer oaths, and generally to do and perform any and all acts and things necessary to the complete performance of the powers and dutie…
N.D.C.C. § 6-01-06 Appointment of receivers
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The state banking board and state credit union board, except as otherwise provided in this title, have authority and power to appoint, by their own order, receivers for insolvent financial institutions and credit unions under their regulatory supervision. Such receivers have the …
N.D.C.C. § 6-01-07 Records of state banking board, state credit union board, and commissioner
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The state banking board and state credit union board shall keep a full and complete record of all their proceedings and of all orders made by them. The records and the proceedings of the boards and commissioner are open in accordance with sections 44-04-18 and 44-04-19. All repor…
N.D.C.C. § 6-01-07.1 Records - Confidential
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1. All facts and information obtained or created by the commissioner or the department in the following ways are confidential, except as provided in subsections 2 through 8: a. In the course of examining financial institutions, credit unions, and other licensed entities under the…
N.D.C.C. § 6-01-08 Appointment of commissioner - Qualifications
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The commissioner must be appointed by the governor and confirmed by the senate, and shall hold office for a term of four years and until a successor has been appointed, confirmed by the senate, and has qualified, unless the commissioner is removed sooner as herein provided. If th…
N.D.C.C. § 6-01-09 Supervision and examination by commissioner of financial institutions
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The commissioner shall exercise a constant supervision over the business affairs of all financial corporations, financial institutions, and credit unions, including all out-of-state branches of financial corporations, financial institutions, and credit unions. Either the commissi…
N.D.C.C. § 6-01-12 Bonds of commissioner and deputies
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Repealed by S.L. 1999, ch. 113, § 24. 6-01-13. Commissioner - Appointment of assistant commissioner and assignment of titles within the department. The commissioner may appoint, remove, and assign appropriate titles to such deputy examiners and such other employees as in the comm…
N.D.C.C. § 6-01-14 Deputies controlled by commissioner - Reports
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Each deputy examiner provided for in this title is under the direct orders and instructions of the commissioner, and shall report to the commissioner during or immediately after the completion of each examination of each financial corporation, financial institution, or credit uni…
N.D.C.C. § 6-01-15 Officers and employees to be disinterested
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1. No officer or employee of this department may have any interest, directly or indirectly, in any financial corporation or financial institution within the jurisdiction of the department of financial institutions, nor in any corporation or institution engaged wholly or in part i…
N.D.C.C. § 6-01-17 Semiannual assessments of banks and interstate branches
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Every state banking association and banking institution under the jurisdiction and control of the commissioner and the commissioner's deputy examiners by this title, including the Bank of North Dakota and every branch of an out-of-state state bank, shall pay a semiannual assessme…
N.D.C.C. § 6-01-17.1 Application fees - Cost of transcript
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The following fees must accompany an application presented to the state banking board, state credit union board, or commissioner and must be paid by the commissioner into the financial institutions regulatory fund: 1. For a certificate of authority to organize a banking associati…
N.D.C.C. § 6-01-17.2 Additional assessment of banks and interstate branches
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If the commissioner determines that more than one visit, inspection, or examination is necessary to promote the safety and soundness of a state banking association or a branch of an out-of-state state bank during a twelve-month period, the state banking association or branch shal…
N.D.C.C. § 6-01-19 Commissioner to keep bank record
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The commissioner shall keep a bank record wherein must be recorded the name and location of each bank in the state, its capitalization and changes thereof, its officers, its shareholders and addresses thereof, and its reserve agents, and changes of the same, and the commissioner …
N.D.C.C. § 6-01-20 Bank of North Dakota entitled to records
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Repealed by S.L. 1997, ch. 80, § 2.
N.D.C.C. § 6-01-21 State agencies - Examinations - Fees
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Repealed by S.L. 1959, ch. 372, § 117.
N.D.C.C. § 6-01-21.1 County agencies - Examinations - Fees
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Repealed by S.L. 1967, ch. 376, § 63. 6-01-21.2. Municipal agencies, park boards, school districts - Examinations - Fees - Alternative audits. Repealed by S.L. 1967, ch. 376, § 63. 6-01-21.3. Examination of municipal agencies and school districts by order of governor or upon peti…
N.D.C.C. § 6-01-21.4 Examination in case of irregularity or embezzlement
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Repealed by S.L. 1967, ch. 376, § 63.
N.D.C.C. § 6-01-22 Examination of counties
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Repealed by S.L. 1967, ch. 376, § 63.
N.D.C.C. § 6-01-23 Examinations of county treasurers
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Repealed by S.L. 1967, ch. 376, § 63.
N.D.C.C. § 6-01-24 Supervision of records and fiscal affairs of counties
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Repealed by S.L. 1967, ch. 376, § 63. 6-01-25. Supervision of books and accounts of public institutions and private institutions with which state has dealings. The commissioner shall assume and exercise constant supervision over the books and financial accounts of the several pub…
N.D.C.C. § 6-01-26 Special state examiner
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Repealed by S.L. 1967, ch. 376, § 63.
N.D.C.C. § 6-01-27 Duty of state examiner on failures by officers
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Repealed by S.L. 1967, ch. 376, § 63. 6-01-28. Public and private officers to aid examiner - Examiner's authority on investigation. Repealed by S.L. 1967, ch. 376, § 63.
N.D.C.C. § 6-01-29 Obstructing or misleading examiner - Penalty
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Every person who, when required to do so, shall refuse or neglect to make any return or exhibit, or to make or give any information required by the examiner, or who willfully shall obstruct or mislead the examiner in the execution of the examiner's duties, or who in any manner sh…
N.D.C.C. § 6-01-30 Reports of commissioner - Contents
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The commissioner shall report to the governor the result of the commissioner's examination of any public office or state institution and also shall make a report on any particular matter connected therewith at any time when required to do so by the governor.
N.D.C.C. § 6-01-31 Certain accounts open for inspection
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Any person acquiring custody of, or receiving any funds for or on behalf of the state of North Dakota, or any of its political subdivisions, who places such funds in an account with any financial institution, banking association, or banking institution, or who commingles such fun…
N.D.C.C. § 6-01-32 Liability of bank officers and directors
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No claim or action seeking to recover money damages may be brought by the federal deposit insurance corporation, resolution trust corporation, or other federal banking regulatory agency against any director or officer, including any former director or officer, of any insured fina…