Title 51 — Sales and Exchanges
45 chapters · 316 sections in this title.
N.D.C.C. § 51-16.1-01 Definitions
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As used in this chapter, unless the context or subject matter otherwise requires: 1. "Compensation" includes a payment based on a sale or distribution made to a person who either is a participant in a pyramid promotional scheme or has the right to become a participant upon paymen…
N.D.C.C. § 51-16.1-02 Pyramid promotional schemes prohibited - Defenses excluded
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1. No person may establish, operate, advertise, or promote a pyramid promotional scheme. 2. It is not a defense to a criminal or civil prosecution under this section that: a. The plan contains a limitation as to the number of persons who may participate or the presence of additio…
N.D.C.C. § 51-16.1-03 Referral selling prohibited
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No seller or lessor may give or offer a rebate, discount, or anything of value to a buyer or lessee as an inducement for a sale or lease in consideration of the buyer or lessee giving to the seller or lessor the names of prospective purchasers or lessees, or otherwise aiding the …
N.D.C.C. § 51-16.1-04 Penalty - Civil remedies
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Any person, including the officers and directors of any company, violating any of the provisions of this chapter is: 1. Guilty of a class A misdemeanor, but a person who has been previously convicted of a class A misdemeanor under this chapter may be charged with and convicted of…
N.D.C.C. § 51-16.1-05 Scope of remedies
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1. The rights and remedies that this chapter grants to purchasers in pyramid promotional schemes and referral selling schemes are independent of and supplemental to any other right or remedy available to them in law or equity, and nothing contained herein may be construed to dimi…
N.D.C.C. § 51-17.1-01 Currency exchange - Penalty
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1. A nonbanking institution may engage in the business of a currency exchange if: a. The institution does not contract with another person to manage the currency exchange business; however, this does not prohibit the business from employing individuals to operate a currency excha…
N.D.C.C. § 51-20.1-01 Definitions
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As used in this chapter, unless the context requires otherwise: 1. "Distributor" means any person involved in manufacturing, wholesaling, or distributing heavy construction equipment or repair parts for heavy construction equipment, or both equipment and parts, who is authorized …
N.D.C.C. § 51-20.1-04 Determination of retail dealer's reimbursement
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The extent of reimbursement of the retail dealer for heavy construction equipment and repair parts pursuant to section 51-20.1-02 must be determined by taking one hundred percent of the net cost on unused, complete heavy construction equipment, and eighty-five percent of the curr…
N.D.C.C. § 51-20.1-05 Failure to make reimbursement on cancellation of contract - Liability
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If any heavy construction equipment distributor fails or refuses, upon cancellation, termination, or nonrenewal of a contract by either a retail dealer or the distributor, to make payment to the retail dealer as required by section 51-20.1-02, the distributor is liable in a civil…
N.D.C.C. § 51-20.2-01 Definitions
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As used in this chapter, unless the context requires otherwise: 1. "Contractual arrangement" means a written franchise or other written agreement, by whatever name such agreement may be called, between a distributor and a dealer by which the dealer agrees to sell at retail and se…
N.D.C.C. § 51-20.2-03 Exception
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The provisions of this chapter do not apply to chapters 51-07, 51-19, 51-20, and 51-20.1.
N.D.C.C. § 51-25.1-01 Definitions
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As used in this chapter: 1. "Brand family" means any style of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including "menthol", "lights", "kings", and "100s", and includes any brand name alone or in …
N.D.C.C. § 51-25.1-02 A violation of this subsection is a class A misdemeanor
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51-25.1-06. Miscellaneous provisions - Penalties and remedies cumulative - Joint and several liability. 1. Any determination by the attorney general not to include in or to remove from the directory a tobacco product manufacturer or brand family is subject to judicial review by t…
N.D.C.C. § 51-25.1-03 Agent for service of process
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1. Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the state as a foreign corporation or business entity, as a condition precedent to having the nonparticipating manufacturer's brand families included or retained in the directory…
N.D.C.C. § 51-25.1-04 Reporting of information - Escrow installments
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1. Not later than twenty days after the end of each calendar quarter, and more frequently if directed by the attorney general, a distributor shall submit information the attorney general requires to facilitate compliance with this chapter, including a list by brand family of the …
N.D.C.C. § 51-25.1-05 Penalties - Remedies
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1. In addition to any other civil or criminal remedy provided by law, upon a determination that a distributor has violated subsection 4, 6, 7, 8, or 9 of section 51-25.1-02 or subsection 1 or 4 of section 51-25.1-04, or any rule adopted under those subsections, the attorney gener…