Title 6 — Banks and Banking

Any sum of money, which is collected or received by any such corporation in its trust capacity, and which is not required for the purposes of the trust, or which is not to be accounted for within one year from the date of collection, receipt, or deposit, must be invested by the c…

Any trust company may invest all moneys received by it in authorized securities, and shall be responsible to the owner or beneficiary of a trust for the validity, regularity, quality, value, and genuineness of these investments and securities so made, and for the safekeeping of t…

Notwithstanding the provisions of section 6-05-15, any bank or trust company qualified to act as fiduciary in this state may: 1. Establish and maintain common trust funds for the collective investment of funds held in any fiduciary capacity by it or by another bank or trust compa…

A bank or trust company qualified to and acting as fiduciary or cofiduciary in this state may deposit trust funds awaiting investment or distribution in a bank, including, without limitation, a bank that owns or controls, or that is owned or controlled by a corporation that owns …

Such corporation may not loan its funds, moneys, capital, trust funds, or any other property whatsoever to any director, officer, agent, or other employee thereof, nor may any such director, officer, agent, or other employee become in any manner indebted to said corporation by me…

Every such corporation is subject at all times to the orders, judgments, and decrees of any court of record from which or under which it has accepted any trust, appointment, or commission as to such trust, and shall render to the court such itemized and verified accounts, stateme…

Repealed by S.L. 1969, ch. 117, § 1. 6-05-19. Fidelity insurance and corporate suretyship - Domestic and foreign corporations. Repealed by S.L. 1983, ch. 332, § 26. 6-05-20. Execution and acceptance of bond from surety company - Bond as compliance with law. Repealed by S.L. 1983,…

Repealed by S.L. 1983, ch. 332, § 26. 6-05-22. Domestic surety companies and agents must obtain certificate from insurance commissioner. Repealed by S.L. 1983, ch. 332, § 26.

Repealed by S.L. 1983, ch. 332, § 26.

Repealed by S.L. 1983, ch. 332, § 26.

Repealed by S.L. 2015, ch. 80, § 8. 6-05-26. Increase in capital stock - Action by stockholders - Report to state banking board. The capital stock of such a corporation may be increased from time to time by a majority vote of its stockholders. Such action may be taken at any regu…

Whenever it appears to the commissioner, from an examination of the business of any such corporation, that the deposit made by it, as hereinbefore required, is insufficient to insure the safety of its deposit, trust, and contingent liabilities, the commissioner shall make an orde…

If it appears to the commissioner from any examination made by the commissioner that any such corporation has committed a violation of the law or that it is conducting its business in an unsafe or unauthorized manner, or that the deposit made by it with the department of financia…

Repealed by S.L. 1983, ch. 332, § 26. 6-05-32. Foreign corporation doing fidelity or surety business to pay tax - To whom paid - How determined. Repealed by S.L. 1983, ch. 332, § 26.

Repealed by S.L. 1983, ch. 332, § 26. 6-05-34. Other code provisions applicable to corporations doing business under this chapter. The provisions of title 10, as it may be amended from time to time, governing profit corporations, and sections 6-01-06, 6-01-09, 6-03-11, 6-03-12, 6…

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.

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…

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 …

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…

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…

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.…

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…

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…

Repealed by S.L. 1989, ch. 96, § 20.

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…

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.

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…

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…

The fiscal year of all credit unions ends December thirty-first.

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…

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…

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…

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…

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…

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…

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.

Repealed by S.L. 1997, ch. 78, § 16.

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. …

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…

Expired under S.L. 1989, ch. 99, § 3.

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.

Repealed by S.L. 1965, ch. 90, § 11.

Repealed by S.L. 1965, ch. 90, § 11.

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…

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…

A credit union may change its place of business on written permission of the commissioner.

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 …

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…

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…

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 …