Title 4, Economic Resources

Earnings Tax. (a) There is imposed on every person a yearly tax on such person’s total earnings. (b) For purposes of this chapter, “earnings” shall mean: (1) A gain as determined under NMTIT Section 1001 received from the sale of personal property, tangible or intangible, by a re…

Exemptions. 4 CMC § 1202 shall not apply to: (a) A person exempt from the NMTIT, under NMTIT Sections 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(6), 501(c)(8), 501(c)(10) or as a qualified plan under NMTIT Section 401(a). This exemption, however, shall not apply to: (1) Earnings fro…

Amount of Tax. The amount of tax imposed by 4 CMC §§ 1201 and 1202 shall be determined in accordance with the following schedule: If the total yearly wages or The tax on the total yearly wages and total yearly earnings are: salaries or total yearly earnings is: (a) $0 to $1,000 N…

Education Tax Credit. (a) A person may take cash contributions made during the tax year to qualifying educational institutions as a nonrefundable credit against the tax imposed by 4 CMC § 1201 and 4 CMC § 1202 to the extent provided by this section. No such credit shall be allowe…

Filing Returns. All persons subject to tax under this chapter shall file the appropriate return in the manner prescribed by the secretary. The required filing date for such return shall be no later than the fifteenth day of the fourth month following the close of the tax year. Th…

Legal Services and Access to Justice Tax Credit. (a) A person may take cash contributions made during the tax year to qualifying nonprofit legal services organizations as a nonrefundable credit against the tax imposed by 4 CMC § 1201 and 4 CMC § 1202 to the extent provided by thi…

Definitions. For the purpose of this chapter: (a) "Authority to sell duty-free merchandise" means the authority to use a port of entry to offer to sell or sell duty-free merchandise, or to deliver duty-free merchandise, sold in less than a wholesale quantity, to or for the direct…

Authority to Grant Concessions. (a) The Commonwealth Ports Authority may grant to any person a concession for one or more ports of entry and enter into a concession agreement with that person in the manner provided in 4 CMC § 2206(a). This shall be done in accordance with Commonw…

Grant on Prepaid Concession Fee Basis. At any port of entry where the Commonwealth Ports Authority determines prepayment of the concession fee to be desirable or necessary to supplement available public funds for purposes of constructing, expanding, or improving port of entry fac…

Award of Concession. (a) New Concession. Award of a new concession shall be by bid or via request for proposal as determined by the Commonwealth Ports Authority following the appropriate corresponding announcement of the scope of the concession. The factors the Commonwealth Ports…

Importation of Goods; Taxes. Pursuant to a concession agreement and except as prohibited by law, foreign merchandise may be imported into the Commonwealth for resale as duty-free merchandise. All tariffs, duties, excise taxes, sales taxes, gross revenue taxes and other taxes on t…

License Fee. There shall be paid to the Commonwealth government as a license fee the sum of $1,000 each year by any person who is granted a concession in any port of entry and granted the authority to sell duty-free merchandise (or certain types thereof). Source: PL 4-60, § 2 (§ …

Regulations. The Commonwealth Ports Authority shall promulgate such rules and regulations as it deems necessary to carry out the provisions and intent of this chapter. Specifically, the Commonwealth Ports Authority shall promulgate rules and regulations to implement the concessio…

Determinations by the Commonwealth Ports Authority. Determinations of the scope of a concession per 4 CMC § 2201(c), to grant a concession and enter into a concession agreement per 4 CMC § 2202(a), to establish a certain concession fee per 4 CMC § 2202(d), of the necessity for pr…

Effect of Other Law. No other law of the Commonwealth shall be construed to prohibit any conduct by any person, public or private, within the contemplation or intent of this chapter. Source: PL 4-60, § 4; repealed and reenacted by PL 19-76 § 2 (Jan. 12, 2017).

Definitions. As used in this chapter: (a) Architects. (1) “Architect” means a person who has been duly licensed by the Board to engage in the practice of architecture, as hereinafter defined. (i) “Practice of Architecture” means consisting of providing or offering to provide cert…

Licensure of Professionals. In order to safeguard life, health and property, no person except those exempted by Section 3213 of this Chapter, shall practice or offer to practice professional engineering, architecture, land surveying, landscape architecture or real property apprai…

Persons Exempt from Licensure. The following persons are exempted from this Chapter: (a) Persons practicing professional engineering, architecture, land surveying, landscape architecture or real property appraisal solely as officers or employees of the United States government. (…

Temporary Licenses. (a) The Board may grant a temporary license to a person who is not a resident of the Commonwealth or who has no established place of business in the Commonwealth and who desires to practice on a limited basis architecture, engineering, land surveying, landscap…

Qualification for Licensure. (a) No person shall be eligible for licensure or certification as an engineer, architect, land surveyor, landscape architect, or real property appraiser unless such person meets the following requirements: (1) be at least 21 years of age; (2) be a U.S…

Application for Licensure, Certification or Renewal. (a) Application for licensure or certification shall be made upon application forms to be furnished by the Board and shall be signed and sworn to under penalty of perjury by the applicant. With each application there shall be p…

Licenses, Certificates, Seals. (a) Each certificate or license issued hereunder shall bear the date of the original licensure and shall specify whether the individual or firm to whom it is issued is authorized by the Board to practice engineering, architecture, land surveying, la…

Disciplinary Action: Reprimand, Suspension or Revocation; Refusal to Issue, Restore or Renew; Place on Probation or Conditioning of Certificate or License. (a) The Board shall have the power to impose administrative penalty and/or reprimand; revoke or suspend; refuse to issue, re…

Disciplinary Action: Procedures. (a) The Board shall amend the regulations to provide prompt and efficient receipt, investigation and resolution of complaints and hearings. Such procedures shall include notification of a licensee of an outstanding complaint, with due regard given…

Disciplinary Action. (a) If the accused is found guilty, he/she shall be subject to the following: (1) Refusal or denial of license or certificate; (2) Suspension; (3) Revocation; (4) License or certificate with conditions and/or probation; (5) Fine or civil penalty; (6) Dismissa…

Corporations and Partnerships (Firms). (a) The practice of, or offer to practice engineering, architecture, land surveying, or landscape architecture through a corporation or partnership by individuals licensed under this Act, is permitted, provided that the persons directly in c…

Structures Exempted from Provision of this Chapter. The provisions of this Chapter, shall not apply to work in respect to any privately owned or privately controlled one-storied building, dwelling or structure, the estimated cost of which does not exceed $50,000; provided, that s…

Registrar of Corporations; Duties. There is in the office of the Attorney General a Registrar of Corporations, appointed by the Governor, who shall issue, receive, and hold as custodian all certificates, papers, statements, or other records of documents required by the provisions…

Authority to Promulgate Rules and Regulations. The Registrar of Corporations, with the approval of the Attorney General and the Governor, may prescribe such rules and regulations as are deemed advisable to administer and carry into effect the provisions of this division with resp…

Power to Convene Corporate Meeting. The Registrar of Corporations may, when deemed by him to be in the public interest, convene a special meeting of the members, board of directors, or officers of any corporation organized or existing under the provisions of this chapter, by givi…

Power to Order Production of Records. In connection with the duties prescribed in this chapter the Registrar of Corporations may order the production of books of account, papers and documents of any corporation or company authorized to do business within the Commonwealth. Refusal…

Filing, Service, and Copying Fees. (a) The following fees are imposed and, shall be paid to the Department of Finance and proof of payment delivered to the Registrar of Corporations when the documents described in this subsection are delivered for filing: (1) $112.50 Articles of …

Incorporators. One or more persons may act as the incorporator or incorporators of a corporation by delivering articles of incorporation to the Registrar of Corporations for filing. Source: PL 10-7, § 1 (Bus. Corp. Reg. § 2.01).

Articles of Incorporation. (a) The articles of incorporation must set forth: (1) A corporate name for the corporation that satisfies the requirements of 4 CMC § 4321; (2) The number of shares that the corporation is authorized to issue; (3) The address of the corporation’s initia…

Incorporation. (a) Unless a delayed effective date is specified, the corporate existence begins when the articles of incorporation are filed. (b) The Registrar of Corporation’s filing of the articles of incorporation is conclusive proof that the incorporators satisfied all condit…

Liability for Pre-Incorporation Transactions. All persons purporting to act as or on behalf of a corporation, knowing there was no incorporation under this part, are jointly and severally liable for all liabilities created while so acting. Source: PL 10-7, § 1 (Bus. Corp. Reg. § …

Organization of Corporation. (a) After incorporation: (1) If initial directors are named in the articles of incorporation, the initial directors shall hold an organizational meeting, at the call of a majority of the directors, to complete the organization of the corporation by ap…

Bylaws. (a) The incorporators or board of directors of a corporation shall adopt initial bylaws for the corporation. (b) The bylaws of a corporation may contain any provisions for managing the business and regulating the affairs of the corporation that is not inconsistent with la…

Emergency Bylaws. (a) Unless the articles of incorporation provide otherwise, the board of directors of a corporation may adopt bylaws to be effective only in an emergency defined in subsection (d) of this section. The emergency bylaws, which are subject to amendment or repeal by…

Limited Liability Company as Legal Entity. A limited liability company is a legal entity distinct from its members. Source: PL 14-11, § 2 (201). Commission Comment: See the comment to 4 CMC § 4801 regarding PL 14-11.

Organization. (a) One or more persons may organize a limited liability company, consisting of one or more members, by delivering articles of organization to the office of the Registrar of Corporations for filing. (b) Unless a delayed effective date is specified, the existence of …

Articles of Organization. (a) Articles of organization of a limited liability company must set forth: (1) The name of the company; (2) The address of the initial designated office; (3) The name and street address of the initial agent for service of process; (4) The name and addre…

Amendment or Restatement of Articles of Organization. (a) Articles of organization of a limited liability company may be amended at any time by delivering articles of amendment to the Registrar of Corporations for filing. The articles of amendment must set forth the: (1) Name of …

Signing of Records. (a) Except as otherwise provided in this Act, a record to be filed by or on behalf of a limited liability company in the office of the Registrar of Corporations must be signed in the name of the company by a: (1) Manager of a manager-managed company; (2) Membe…

Filing in Office of Registrar of Corporations. (a) Articles of organization or any other record authorized to be filed under this chapter must be in a medium permitted by the Registrar of Corporations and must be delivered to the office of the Registrar of Corporations. Unless th…

Correcting Filed Record. (a) A limited liability company or foreign limited liability company may correct a record filed by the Registrar of Corporations if the record contains a false or erroneous statement or was defectively signed. (b) A record is corrected: (1) By preparing a…