45 chapters · 536 sections in this title.
N.D.C.C. § 6-06-01 Savings and credit association may be organized
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Any seven residents of this state may apply to the state credit union board for permission to organize a corporate cooperative association to be known as a credit union.
N.D.C.C. § 6-06-02 Manner of organization of credit unions
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A credit union must be organized in the following manner: 1. The applicants shall execute a certificate of organization, in triplicate, by the terms of which they agree to be bound, stating the name and the location of the proposed credit union, the names and addresses of the sub…
N.D.C.C. § 6-06-03 Commissioner to furnish forms
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The commissioner, on written application of any seven residents of this state, shall furnish without charge to persons proposing to incorporate a credit union a form of certificate of organization and a set of suggested bylaws approved by the commissioner as consistent with this …
N.D.C.C. § 6-06-04 Amendment of certificate or bylaws - Approval by state credit union board
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The certificate of organization or bylaws of a credit union may be amended by the board of directors or the membership of the credit union as specified in the bylaws. If the bylaws provide for amendments by the board of directors, such amendments require an affirmative vote of tw…
N.D.C.C. § 6-06-05 Use of credit union and corporate central credit union restricted - Forfeiture
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It is unlawful for any person, association, copartnership, or corporation, domestic or foreign, except corporations organized in accordance with the provisions of this chapter, to use the words "credit union", "corporate central credit union", or "central credit union" in their n…
N.D.C.C. § 6-06-06 Powers of credit unions
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A credit union has the following powers: 1. To receive the savings of its members either as payment on shares or as deposits, including the right to conduct Christmas clubs, vacation clubs, and other such thrift organizations within its membership. 2. To make loans to members. 3.…
N.D.C.C. § 6-06-06.1 Issuance of certificates of deposit - Penalty
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Certificates of deposit, as defined in section 41-03-04, may only be issued in this state by credit unions authorized to issue certificates of deposit, and which are organized to do business in this state under this chapter or under the Federal Credit Union Act, and whose account…
N.D.C.C. § 6-06-07 Membership in credit union
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1. The membership of a credit union consists of the incorporators and such other persons as may be elected to membership. Each member shall subscribe to and pay the initial installment on at least one share in the credit union and pay the entrance fee as provided by the bylaws of…
N.D.C.C. § 6-06-08.1 Additional assessments of credit unions
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Repealed by S.L. 1989, ch. 96, § 20.
N.D.C.C. § 6-06-08.2 Failing institution - Emergency powers - Hearing - Order - Appeal
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Whenever the state credit union board determines that a merger or acquisition of any of the credit unions under its supervision is necessary because the institution's equity is impaired, it is conducting its business in an unsafe, unsound, or unauthorized manner, or it is endange…
N.D.C.C. § 6-06-08.3 Examination of credit union computer servicers
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The commissioner may conduct an examination or inspect the records and operation of any computer servicer providing data processing services for any credit union under the department of financial institutions' jurisdiction.
N.D.C.C. § 6-06-08.4 Prompt corrective action
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1. For purposes of this section, the net worth categories are defined as: a. Well capitalized. A credit union with a net worth ratio of seven percent or greater which meets any applicable risk-based net worth requirement. b. Adequately capitalized. A credit union with a net worth…
N.D.C.C. § 6-06-08.5 Corporate central credit union records
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A North Dakota federally chartered corporate credit union must allow access or produce any records requested by the commissioner which the commissioner determines necessary to conduct an examination of the state-chartered credit union. A federally chartered corporate credit union…
N.D.C.C. § 6-06-09 Fiscal year of credit unions
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The fiscal year of all credit unions ends December thirty-first.
N.D.C.C. § 6-06-10 General and special meetings - Notice - Quorum - Voting privileges
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General and special meetings may be held in the manner and for the purposes indicated in the bylaws of the credit union. Ten days before any regular or special meeting, written notice thereof must be mailed or sent by an electronic communication to each member and, in the case of…
N.D.C.C. § 6-06-12 Directors - Duties and powers - Loan limitations
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1. The directors shall have general management of the credit union, and it is their duty particularly: a. To act on applications for membership, unless a membership officer is appointed. b. To determine interest rates on loans and deposits or designate a representative to determi…
N.D.C.C. § 6-06-13 Officers - Elections - Duties
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At their organizational meeting and within thirty days following each annual meeting of the members, the directors shall elect from their own number an executive officer, who may be designated as chairman of the board or president, a vice chairman of the board or one or more vice…
N.D.C.C. § 6-06-13.1 Credit union volunteers - Immunity
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A person who serves as a volunteer, including a director, credit committee member, or supervisory committee member, of a federal or state-chartered credit union is immune from civil liability for any act or omission resulting in damage or injury if at the time of the act or omiss…
N.D.C.C. § 6-06-15 Duties and powers of supervisory committee
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The supervisory committee, by a majority vote, may call a special meeting of the members of the credit union to consider any matter which it wishes to submit to the membership. The supervisory committee shall: 1. Fill vacancies in the committee's own membership. 2. Make an examin…
N.D.C.C. § 6-06-16 Entrance fee - Capital - Lien on shares - Assessment on shares
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A credit union may charge such entrance fee as may be provided by its bylaws. Its capital consists of the entrance fees paid in and the payments made to it by the several members on shares therein. The credit union has a lien on the shares and deposits of a member for any sum due…
N.D.C.C. § 6-06-17 Shares may be issued to minor or in trust
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Shares may be issued and deposits received in the name of a minor, or in trust, in such manner as the bylaws may provide. The name of the beneficiary must be disclosed to the credit union.
N.D.C.C. § 6-06-18 Interest rates
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Repealed by S.L. 1997, ch. 78, § 16.
N.D.C.C. § 6-06-19 Authority to borrow - Limitation - Exception
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A credit union may borrow money from any source, but the total borrowings may not exceed twenty-five percent of the credit union's assets unless the commissioner authorizes a larger amount. The board or commissioner may suspend or restrict the borrowing powers of a credit union. …
N.D.C.C. § 6-06-21 Reserve fund
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Every credit union, including corporate central credit unions, shall maintain an allowance for loan and lease loss account in accordance with generally accepted accounting principles and rules of the national credit union administration. If it is found through an examination that…
N.D.C.C. § 6-06-21.2 Agricultural loan amortization and deferral
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Expired under S.L. 1989, ch. 99, § 3.
N.D.C.C. § 6-06-22 Permanent loan fund - Amount - How obtained - Ownership
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Repealed by S.L. 1965, ch. 90, § 11. 6-06-23. Use of permanent loan fund - To whom loaned and regulating making of loans. Repealed by S.L. 1965, ch. 90, § 11.
N.D.C.C. § 6-06-24 Renewal of loan from permanent loan fund - Foreclosure
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Repealed by S.L. 1965, ch. 90, § 11.
N.D.C.C. § 6-06-25 Rate of interest - Use of interest - Permanent loan fund loans
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Repealed by S.L. 1965, ch. 90, § 11.
N.D.C.C. § 6-06-26 Dividends
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A credit union's board of directors may declare and pay a dividend on shares from current or accumulated net earnings, or both, but only after providing for required reserves, accrued and unpaid expenses, and established loan and lease losses. A credit union may pay a dividend on…
N.D.C.C. § 6-06-27 Notice of intention to withdraw shares and deposits
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A credit union may require sixty days' notice of intention to withdraw shares and thirty days' notice of intention to withdraw deposits. Withdrawing members have no further rights in the credit union, but are not released from any remaining liability to it by such withdrawal. All…
N.D.C.C. § 6-06-28 May change place of business
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A credit union may change its place of business on written permission of the commissioner.
N.D.C.C. § 6-06-29 Taxation of credit unions
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Any credit union organized under this chapter or under the Federal Credit Union Act is exempt from all taxation now or hereafter imposed by the state or any municipality within the state or any local taxing authority and no law which taxes corporations in any form, or the shares …
N.D.C.C. § 6-06-30 Voluntary liquidation authorized - Qualification of liquidating committee
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Repealed by S.L. 1967, ch. 90, § 13. 6-06-31. Notice of dissolution to state examiner - Filing examiner's certificates - When dissolution complete. Repealed by S.L. 1967, ch. 90, § 13. 6-06-32. Duty of committee when liquidation completed - State examiner custodian of books and p…
N.D.C.C. § 6-06-33 Liquidation by the commissioner
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If the commissioner finds that a credit union is insolvent when the commissioner receives notice of its intention to dissolve, or if a credit union in the process of voluntary dissolution is not liquidated completely and its assets distributed within three years after the special…
N.D.C.C. § 6-06-34 Unclaimed dividends of credit unions
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The commissioner shall transfer all unpaid dividends to the commissioner of university and school lands. The commissioner of university and school lands is authorized to issue a voucher for the payment of such dividends to the persons respectively entitled thereto, in accordance …
N.D.C.C. § 6-06-36 Merger
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Any credit union chartered under this chapter or under Act of Congress may merge under rules and regulations established by the state credit union board. A federal credit union proposing to merge into a state-chartered credit union shall grant the commissioner discretionary autho…
N.D.C.C. § 6-06-37 Rules and regulations
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The state credit union board shall prescribe rules and regulations regarding the merger, consolidation, and dissolution of corporations organized under this chapter and Acts of Congress.
N.D.C.C. § 6-06-38 Destruction of records
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No credit union may be required to preserve and retain its records of accounts or files, except share and deposit files, for a longer period than six years next after the first day of January of the year following the final date of the termination of such accounts or files. No cr…
N.D.C.C. § 6-06-39 Share scaledown
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Repealed by S.L. 2005, ch. 86, § 16.
N.D.C.C. § 6-06-40 Share insurance exception
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A central credit union with corporate shareholdings equal to or in excess of seventy-five percent of its total assets may by vote of its board of directors elect exemption of insurance of share and deposit accounts under provisions of title II of the Federal Credit Union Act.
N.D.C.C. § 6-06-41 Depository credit union - Endorsements
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A depository credit union that has taken a check or draft for collection may supply any endorsement of the member which is necessary to title unless the item contains the words "payee's endorsement required" or words to that effect. In the absence of such a requirement, a stateme…