Title 6 — Banks and Banking
45 chapters · 536 sections in this title.
N.D.C.C. § 6-08.1-01 Definitions
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As used in this chapter: 1. "Customer" means any person that is a resident of or is domiciled in this state and which has transacted or is transacting business with or has used or is using the services of a financial institution, or for which a financial institution has acted as …
N.D.C.C. § 6-08.1-02 Exemptions
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This chapter does not apply to any of the following: 1. The disclosure of necessary customer information in the preparation, examination, handling, or maintenance of any customer information by any officer, employee, or agent of a financial institution having custody of such info…
N.D.C.C. § 6-08.1-03 Duty of confidentiality
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A financial institution may not disclose customer information to a person, governmental agency, or law enforcement agency unless the disclosure is made in accordance with any of the following: 1. Pursuant to consent granted by the customer in accordance with this chapter. 2. To a…
N.D.C.C. § 6-08.1-03.1 Agricultural and commercial accounts
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Disapproved by R.M. June 11, 2002, S.L. 2003, ch. 575.
N.D.C.C. § 6-08.1-04 Consent
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1. No consent or waiver shall be required as a condition of doing business with any financial institution, and any consent or waiver obtained from a customer as a condition of doing business with a financial institution shall not be deemed a consent of the customer for the purpos…
N.D.C.C. § 6-08.1-05 Government access
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1. A governmental agency or law enforcement agency may obtain customer information from a financial institution pursuant to either of the following: a. The consent of the customer, in accordance with this chapter. b. Valid legal process, in accordance with this section. 2. A gove…
N.D.C.C. § 6-08.1-06 Suspicion of unlawful conduct
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1. Nothing in this chapter precludes a financial institution from initiating contact with, and thereafter communicating with and disclosing customer information to, a law enforcement agency when the financial institution reasonably believes that the customer about whom such infor…
N.D.C.C. § 6-08.1-07 Cost reimbursement
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Any governmental agency, law enforcement agency, or person requiring or requesting access to customer information shall pay to the financial institution that assembles or provides the customer information a fee for reimbursement of reasonably necessary costs which have been direc…
N.D.C.C. § 6-08.1-08 Liability
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1. A financial institution, governmental agency, law enforcement agency, or any other person is liable to the customer for intentional violations of this chapter in an amount equal to the greater of the following: a. One thousand dollars. b. Actual damages caused by the disclosur…
N.D.C.C. § 6-08.1-09 Joint marketing agreements - Consent
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A financial institution must have a customer's consent before the financial institution may disclose the customer's information to a nonaffiliated third party under a joint marketing agreement as provided under section 502(b)(2) of the federal Financial Services Modernization Act…
N.D.C.C. § 6-08.1-10 Rules
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The state banking board and the state credit union board shall adopt rules to implement subsection 12 of section 6-08.1-02. The rules must provide at least as much customer protection as would be provided in the case of disclosure of information under circumstances in which there…