Title 6 — Banks and Banking
45 chapters · 536 sections in this title.
N.D.C.C. § 6-09-15 Powers
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The Bank of North Dakota may: 1. Make, purchase, guarantee, or hold loans: a. To state-chartered or federally chartered lending agencies or institutions or any other financial institutions. b. To holders of Bank of North Dakota certificates of deposit and savings accounts up to n…
N.D.C.C. § 6-09-15.1 Loans to general fund authorized - Continuing appropriation - Report
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The state treasurer and the director of the office of management and budget may, when the balance in the state general fund is insufficient to meet legislative appropriations, borrow from the Bank of North Dakota in an amount that at no time exceeds the total principal amount of …
N.D.C.C. § 6-09-15.2 Bank may invest in certain government sponsored stocks - Limit
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Repealed by S.L. 1989, ch. 110, § 11.
N.D.C.C. § 6-09-15.3 Bank stock loans - Requirements
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Repealed by S.L. 1989, ch. 110, § 11. 6-09-15.4. Participations in loans to small business concerns - Direct loans to nonprofit corporations. Repealed by S.L. 1999, ch. 82, § 1.
N.D.C.C. § 6-09-15.5 Bank loans to beginning farmers - Revolving loan fund - Requirements
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1. A revolving loan fund must be maintained in the Bank of North Dakota for the purpose of making or participating in loans to North Dakota beginning farmers for the purchase of agricultural real estate, equipment, and livestock. All moneys transferred into the fund, interest upo…
N.D.C.C. § 6-09-15.7 Bank may invest in a public venture capital corporation
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Repealed by S.L. 1989, ch. 110, § 11. 6-09-15.8. Bank of North Dakota may make loans for improvement of facilities under the control of the parks and recreation department. Repealed by S.L. 1989, ch. 110, § 11. 6-09-15.9. Limitations on loans by the Bank of North Dakota - Disclos…
N.D.C.C. § 6-09-16 Funds transferred to state departments - How credited by state treasurer
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Repealed by S.L. 1979, ch. 142, § 1. 6-09-17. Office of management and budget to issue warrants against transferred funds. Repealed by S.L. 1979, ch. 142, § 1.
N.D.C.C. § 6-09-18 Real estate loans - Application - Appraisal - Action on loans
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Repealed by S.L. 1967, ch. 91, § 2.
N.D.C.C. § 6-09-19 Conditions of real estate mortgage - Extension of payments
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Repealed by S.L. 1967, ch. 91, § 2. 6-09-20. Mortgage and note payable to manager of Bank - Recitals - Recording - Satisfaction and discharge. Repealed by S.L. 1967, ch. 91, § 2.
N.D.C.C. § 6-09-21 Sale and assignment of note and mortgage - Extension of payments limited
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Repealed by S.L. 1967, ch. 91, § 2. 6-09-22. Assignment of note and mortgage to state treasurer - Payments - Satisfactions. Repealed by S.L. 1967, ch. 91, § 2.
N.D.C.C. § 6-09-23 Partial release and satisfaction of mortgages assigned to state treasurer
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Repealed by S.L. 1967, ch. 91, § 2. 6-09-24. Partial payments - Sale and assignment of mortgages assigned to state treasurer. Repealed by S.L. 1967, ch. 91, § 2. 6-09-25. State treasurer may lease lands acquired through foreclosure of Bank mortgages - Oil and gas leases. Repealed…
N.D.C.C. § 6-09-26.1 Execution of instruments
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Repealed by S.L. 1989, ch. 110, § 11.
N.D.C.C. § 6-09-27 Civil actions on Bank transactions - Name of parties - Service - Venue
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1. Civil actions may be brought against the state of North Dakota on account of claims for relief claimed to have arisen out of transactions connected with the operation of the Bank of North Dakota upon condition that the provisions of this section are complied with. In such acti…
N.D.C.C. § 6-09-29 Examinations and audit reports
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1. The state auditor shall contract with an independent certified public accounting firm for an annual audit of the Bank of North Dakota in accordance with generally accepted government auditing standards. On request of the state auditor, the industrial commission shall assist th…
N.D.C.C. § 6-09-30 Repayment of moneys appropriated for Bank to state
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Repealed by S.L. 1967, ch. 91, § 2.
N.D.C.C. § 6-09-31 Sale of land held by state treasurer as trustee for state
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Repealed by S.L. 1967, ch. 91, § 2.
N.D.C.C. § 6-09-32 Bank may adopt rules governing sales
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Repealed by S.L. 1967, ch. 91, § 2.
N.D.C.C. § 6-09-33 Bank of North Dakota to administer assets of rural rehabilitation corporation
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Repealed by S.L. 1989, ch. 110, § 11.
N.D.C.C. § 6-09-34 Electronic fund transfer systems
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The Bank of North Dakota may establish, under such rules and regulations as adopted by the industrial commission, a system to provide fund transfer services to its customers and to the customers of state-chartered and federally chartered banks located within the state of North Da…
N.D.C.C. § 6-09-35 Confidentiality of Bank records - Exempt records
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1. The following records of the Bank of North Dakota are confidential: a. Commercial or financial information of a customer, whether obtained directly or indirectly, except for routine credit inquiries or unless required by due legal process. As used in this subsection, "customer…
N.D.C.C. § 6-09-36 Bank of North Dakota - Custodian of securities
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Notwithstanding any other provision of law to the contrary, the Bank of North Dakota shall replace the state treasurer as the custodian of all securities that are required to be deposited with the state except that the state treasurer is the custodian of all securities resulting …
N.D.C.C. § 6-09-37 Sale and leasing of acquired agricultural real estate
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The sale and leasing of agricultural real estate with an appraised value of ten thousand dollars or more acquired by the Bank of North Dakota through foreclosure or deed in lieu of foreclosure must be done in accordance with chapter 15-07 or 15-09 and policies adopted by the indu…
N.D.C.C. § 6-09-39 Truckdriver training programs - Loans to students
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Expired under S.L. 2007, ch. 79, § 2.
N.D.C.C. § 6-09-40 Reimbursement of Bank losses
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Repealed by S.L. 2007, ch. 87, § 2.
N.D.C.C. § 6-09-41 Livestock loan guarantee program - Establishment - Rules
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Expired under S.L. 2005, ch. 57, § 5.
N.D.C.C. § 6-09-42 Health information technology loan fund - Appropriation
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Repealed by S.L. 2015, ch. 427, § 6.
N.D.C.C. § 6-09-43 Health information technology planning loan fund - Appropriation
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1. The health information technology planning loan fund is established in the Bank for the purpose of providing low-interest loans to health care entities to assist those entities in improving health information technology infrastructure. This fund is a revolving loan fund. All m…
N.D.C.C. § 6-09-44 Residential mortgages
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1. The Bank may establish a residential mortgage loan program under which the Bank may originate residential mortgages if private sector mortgage loan services are not reasonably available. Under this program a local financial institution or credit union may assist the Bank in ta…
N.D.C.C. § 6-09-45 Required transfer - Special education contract costs
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Repealed by S.L. 2017, ch. 12, § 26. 6-09-46. Rebuilders loan program - Loan fund - Continuing appropriation - Requirements. Repealed by S.L. 2021, ch. 79, § 2. 06-09-46.1. Rebuilders home loan program - Rebuilders home loan fund - Continuing appropriation - Requirements. Repeale…
N.D.C.C. § 6-09-47.1 Long-term care facility infrastructure loan program
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1. The Bank of North Dakota shall administer a loan program to provide loans to nursing and basic care facilities for renovation projects or the construction of new facilities. A construction project may include a land purchase and the purchase, lease, erection, or improvement of…
N.D.C.C. § 6-09-49 Infrastructure revolving loan fund - Continuing appropriation
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1. The infrastructure revolving loan fund is a special fund in the state treasury from which the Bank of North Dakota shall provide loans to political subdivisions, the Garrison Diversion Conservancy District, and the Lake Agassiz water authority for essential infrastructure proj…
N.D.C.C. § 6-09-49.1 Legacy infrastructure loan fund - Continuing appropriation
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1. The legacy infrastructure loan fund is a special fund in the state treasury from which the Bank of North Dakota shall provide loans to political subdivisions, the Garrison Diversion Conservancy District, and the Lake Agassiz water authority for eligible infrastructure projects…
N.D.C.C. § 6-09-49.3 Rail revolving loan fund - Continuing appropriation
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1. The rail revolving loan fund is a special fund in the state treasury from which the Bank of North Dakota shall provide loans to counties, cities, railroads, and other freight railroad users to construct or upgrade rail infrastructure to improve rail service. 2. The Bank shall …
N.D.C.C. § 6-09-50 North Dakota financial center - Lease rates - Payments in lieu of taxes
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(Contingent effective date - See note) The North Dakota financial center is a building that is owned by the Bank of North Dakota and is adjacent to the building in which the Bank of North Dakota is housed. The Bank of North Dakota shall lease the space in the North Dakota financi…
N.D.C.C. § 6-09-51 Dynamic fiscal impact analysis
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Expired under S.L. 2017, ch. 364, § 3. 6-09-52. Bulk propane storage tank revolving loan fund - Continuing appropriation - Audit and costs of administration. 1. The bulk propane storage tank revolving loan fund is a special fund in the state treasury from which the Bank of North …
N.D.C.C. § 6-09-53 Economic diversification research fund - Report to legislative management
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1. There is created in the state treasury the economic diversification research fund. The fund consists of all moneys deposited in or transferred to the fund pursuant to legislative action. Moneys in the fund may be spent by the Bank of North Dakota pursuant to legislative approp…
N.D.C.C. § 6-09-54 Extraordinary medical needs housing loan fund - Continuing appropriation
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1. The Bank of North Dakota shall administer a loan program to provide loans for new construction projects to provide housing for individuals with disabilities that have extraordinary medical needs. A construction project may include a land purchase and the construction costs of …
N.D.C.C. § 6-10-01 License required to act as agent for deposits
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No person, partnership, association, corporation, or limited liability company, except as otherwise authorized by law, may engage in the business of receiving, as agent for another, moneys for the purpose of deposit in a bank, without first having applied to the commissioner and …
N.D.C.C. § 6-10-02 License fee - Bond
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Such applicant shall pay to the commissioner an annual fee of twenty-five dollars, and shall furnish a bond to the state of North Dakota, executed by a corporate surety company authorized to do business in this state, in the sum of not less than five thousand dollars. Such bond f…
N.D.C.C. § 6-10-03 Limit on license
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No license may be granted for the purpose of conducting such business in any city wherein there already is operating a state or national bank or an authorized separate facility. In the event that a national or state bank or an authorized separate facility is authorized to do, and…
N.D.C.C. § 6-10-04 Agent must deposit funds as directed
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A licensee operating a business under the terms of this chapter may not loan any of the moneys given into the licensee's custody by any depositor for deposit in a bank, but shall promptly transfer said funds to the bank designated by the depositor, and each depositor has the righ…
N.D.C.C. § 6-10-05 Rules and regulations
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The commissioner is authorized to prescribe such rules and regulations for the operating of such business as in the commissioner's judgment, from time to time, may be necessary for the protection of the depositors dealing with such licensee, and has the power to require complianc…
N.D.C.C. § 6-10-06 Duty of commissioner
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The commissioner may make an examination of the business of such licensee, and such applicant shall pay an examination fee. Fees for such examinations must be charged by the department of financial institutions at an hourly rate to be set by the commissioner, sufficient to cover …
N.D.C.C. § 6-10-07 Revocation of license
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In the event of the failure of any person, partnership, association, corporation, or limited liability company to comply with the provisions of this chapter or the regulations promulgated by the commissioner as herein provided, the commissioner, after fifteen days' notice in writ…
N.D.C.C. § 6-10-08 Penalty
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Any person violating the provisions of this chapter is guilty of a class A misdemeanor.
N.D.C.C. § 6-13-01 Definitions
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In this chapter, unless the context or subject matter otherwise requires: 1. "Commissioner" means the commissioner of financial institutions. 2. "Compliance audit" means a voluntary, internal evaluation, review, assessment, audit, or investigation for the purpose of identifying o…
N.D.C.C. § 6-13-02 Self-critical analysis privilege created - Scope
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A compliance self-critical analysis privilege is created to protect the confidentiality of compliance self-critical analysis documents or communications in regard to their content relating to voluntary internal compliance audits conducted by financial institutions and persons in …
N.D.C.C. § 6-13-03 Compliance self-critical analysis document not discoverable or admissible
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Except as provided in this chapter, a compliance self-critical analysis audit document is privileged information and is not discoverable or admissible evidence in any legal action in any civil, criminal, or administrative proceeding. The privilege is a matter of substantive law o…
N.D.C.C. § 6-13-04 Application of privilege
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If a financial institution, person, or entity performs or directs the performance of a compliance audit, an officer, employee, or agent involved with the compliance audit, or any consultant who is hired for the purpose of performing the compliance audit, may not be examined in an…
N.D.C.C. § 6-13-05 Submission to commissioner
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1. Upon request of the commissioner, a financial institution must submit a compliance self-critical analysis audit document to the commissioner, or the commissioner's designee, as a confidential document under the provisions of section 6-01-07, without waiving the privilege set f…