45 chapters · 536 sections in this title.
N.D.C.C. § 6-08-01 Banks to have official number
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Each bank organized under the laws of this state must be numbered and shall receive from the secretary of state an official number, and the secretary of state shall notify each bank of its official number and also shall file a list of banks and their numbers with the commissioner…
N.D.C.C. § 6-08-02 Oath of officers - Form and filing
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Every active officer of any state banking association or trust company organized under this title, before entering upon the duties of the office, shall take and subscribe an oath that the officer will administer the affairs of the association or trust company diligently and hones…
N.D.C.C. § 6-08-03 Taxation of banks
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Domestic banks must be taxed upon the same basis only as banks organized and existing under and by virtue of the laws of the United States of America, it being the purpose, design, and intent of this section to place state banks in a position of parity and equality with national …
N.D.C.C. § 6-08-04 Bank officer or employee paying overdrafts personally liable
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Repealed by S.L. 1969, ch. 119, § 1.
N.D.C.C. § 6-08-05 Bank officer or employee overdrawing own account guilty of misdemeanor
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Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 6-08-06 Banks exempt from attachment and execution
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Every banking association in this state is exempt from the legal process of attachment and execution. If any bank fails, neglects, or refuses to pay any valid final judgment or decree that may be rendered against it by any court of competent jurisdiction, not properly stayed by a…
N.D.C.C. § 6-08-07 Liability of bank on forged or raised check restricted
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Repealed by S.L. 1965, ch. 296, § 32. 6-08-08. Bank stock held by decedents - Duty of county judge, commissioner, bank officers, and receivers. Repealed by S.L. 1947, ch. 114, § 1. 6-08-08.1. Sale or purchase of associations, banking institutions, or holding companies - Notificat…
N.D.C.C. § 6-08-09 Banking association officers - Punishment for violation of duty - Penalty
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Any officer of any banking association violating, or knowingly permitting to be violated, any provision of this title, violation of which has not specifically been designated as a crime, is guilty of a class B misdemeanor.
N.D.C.C. § 6-08-10 Articles as evidence
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A certified copy of the articles of incorporation of any association or corporation organized under the provisions of this title may be used as evidence in all courts, for or against any person, association, or corporation in both civil and criminal trials. 6-08-11. Punishment fo…
N.D.C.C. § 6-08-12 False statements or entries - Felony
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Repealed by S.L. 1975, ch. 106, § 673. 6-08-13. False statements to obtain credit - Accepting credit on false statements - Misdemeanor. Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 6-08-14 False statements concerning bank values - Penalty
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Any person who knowingly makes or publishes any book, prospectus, notice, report, statement, exhibit, or other publication containing any statement which is false and which is intended to give and does give a substantially greater or less apparent value to the shares, bonds, or p…
N.D.C.C. § 6-08-16.1 Issuing check or draft without account - Penalty
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Any person who issues any check, draft, or order, or authorizes an electronic funds transfer, upon any bank or depository, for the payment of money, and, at the time of the issuance does not have an account with the bank or depository upon which the check, draft, electronic funds…
N.D.C.C. § 6-08-16.2 Issuing check without account - Financial liability - Penalty - Exceptions
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1. As used in this section unless the context otherwise requires: a. "Account" means any account at a bank or depository from which an instrument could legally be paid. b. "Dishonor" is synonymous with "nonpayment". c. "Instrument" means any check, draft, electronic funds transfe…
N.D.C.C. § 6-08-16.3 Consolidation of offenses - Dishonored checks
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When the same person commits two or more offenses under sections 6-08-16, 6-08-16.1, and 6-08-16.2 in more than one county of this state, the offenses may be combined and prosecution may be brought in any county in which one of the dishonored checks was issued.
N.D.C.C. § 6-08-16.4 Return of paid checks to the issuer
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When the holder, or its agent or representative, of a check receives full payment for the amount of a check issued without sufficient funds or credit, or without account, the check must be returned to the issuer upon the payment of any civil penalty assessed if the issuer appears…
N.D.C.C. § 6-08-17 Punishment of felonies
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Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 6-08-18 Punishment of misdemeanors
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Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 6-08-19 Punishment for offenses when corporation or association is convicted
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Repealed by S.L. 1975, ch. 106, § 673.
N.D.C.C. § 6-08-20 Penalties - How recovered
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All penalties provided for in this title, to which any association or corporation may become subject, must be recovered on complaint of the commissioner before any court of competent jurisdiction, and all penalties so recovered must be paid into the state treasury.
N.D.C.C. § 6-08-21 Execution of instruments
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Any loan, trust, or banking corporation in its bylaws may empower any one or more of its officers severally or conjointly to execute and acknowledge in its behalf conveyances, transfers, assignments, releases, satisfactions, or other instruments affecting liens upon, titles to, o…
N.D.C.C. § 6-08-22 Holiday transactions
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Nothing in any law in this state may in any manner whatsoever affect the validity of, or render void or voidable, the payment, certification, or acceptance of a check or other negotiable instrument or any other transaction by a bank or trust company in this state because done or …
N.D.C.C. § 6-08-23 Retention of records
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No bank may be required to preserve and retain its records of accounts or files for a longer period than six years next after the first day of January of the year following the date of such record or files.
N.D.C.C. § 6-08-24 Actions on accounts and claims limited
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No depositor or other creditor may commence an action against a bank on any account or claim of any kind after the expiration of the six-year period provided for in section 6-08-23, unless such depositor or creditor has, within such six-year period, made demand in writing on such…
N.D.C.C. § 6-08-24.1 Disposition of certain unclaimed accounts
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Repealed by S.L. 1975, ch. 425, § 29. 6-08-25. When foreign bank or trust company may serve in fiduciary capacity in state - Reciprocity. A bank or trust company organized and doing business under the laws of any state or territory of the United States of America, including the D…
N.D.C.C. § 6-08-26 Requirements of foreign bank or trust company serving as fiduciary in state
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Before qualifying or serving in this state in any fiduciary capacity as defined in section 6-08-25, such bank or trust company shall file in the office of the secretary of state a filing fee of fifty dollars, a copy of its charter certified by its secretary, and a power of attorn…
N.D.C.C. § 6-08-28 Penalty
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Any bank or trust company violating any provisions of sections 6-08-25 through 6-08-28 is guilty of a class A misdemeanor and, upon conviction thereof, may, in the discretion of the court, be prohibited thereafter from serving in this state in any fiduciary capacity.
N.D.C.C. § 6-08-29 Annual escrow account statement
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Each banking institution and credit union that maintains an escrow account for the payment of taxes, assessments, insurance premiums, and other charges upon the mortgagor's residence shall furnish annually each mortgagor with a detailed statement showing all debits and credits to…
N.D.C.C. § 6-08-30 Limitation on control of deposits
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No financial institution or financial institution holding company may acquire direct or indirect ownership or control of more than twenty-five percent of North Dakota deposits through the direct or indirect acquisition of an interest in, ownership of, or control over another fina…
N.D.C.C. § 6-08-31 Electronic funds transfer fees
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The operator of any electronic funds transfer facility providing for electronic funds transfer in this state may impose a transaction fee for the use of an electronic funds transfer facility if the imposition of the fee is disclosed at the time and in a manner that allows the use…
N.D.C.C. § 6-08-32 Funds transfers - Disclosure to financial institution required
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A person may not direct, cause, arrange, or permit a transfer of funds by wire or automated clearinghouse into a financial institution account that is not owned by the intended beneficiary of the funds transfer unless the person has first disclosed to the financial institution th…
N.D.C.C. § 6-08-33 Unauthorized funds transfer - Liability
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A person who directs, causes, arranges, or permits a transfer of funds by wire or automated clearinghouse into a financial institution account that is not owned by the beneficiary of the funds transfer is liable to the financial institution for all damages, costs, or expenditures…
N.D.C.C. § 6-08-34 Documenting customer identity
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Notwithstanding any other provision of law, a financial institution, trust company, or credit union may make and retain a copy of any motor vehicle operator's license, permit, or nondriver's photo identification card used in connection with the process of verifying the identity o…
N.D.C.C. § 6-08-35 Legal recognition of electronic records and electronic signatures
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A record or signature on a record or document may not be denied legal effect or enforceability solely because it is in electronic form. A contract between a financial institution and another person may not be denied legal effect or enforceability solely because an electronic reco…
N.D.C.C. § 6-08-36 Automated teller machines - Definitions - International charges - Application
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1. In this section: a. "Automated teller machine" means any electronic information processing device or electronic funds transfer facility located in this state that accepts or disposes cash in connection with a credit, deposit, or other account. "Automated teller machine" does n…