Title 4 — Economic Resources
115 chapters · 1,861 sections in this title.
4 CMC § 4812 Service of Process
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TITLE 4: ECONOMIC RESOURCES DIVISION 4: CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS § 4812. Service of Process. (a) An agent for service of process appointed by a limited liability company or a foreign limited liability-company is an agent of the company for service of any proces…
4 CMC § 4813 Nature of Business and Powers
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TITLE 4: ECONOMIC RESOURCES DIVISION 4: CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS § 4813. Nature of Business and Powers. (a) A limited liability company may be organized under this chapter for any lawful purpose, subject to any law of the Commonwealth governing or regulating bu…
4 CMC § 5101 Short Title
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5101. Short Title. This article may be cited as the Consumer Protection Act. Source: 33 TTC § 351; amended by PL 6-46, § 1, modified. Commission Comment: PL 6-46 took effect February 2, 1990. See also 1 CMC § 2155 et s…
4 CMC § 5102 Consumer Protection: Findings and Purpose
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5102. Consumer Protection: Findings and Purpose. (a) The legislature finds that: (1) The public interest requires that consumers be protected from abuses in commerce which deprive them of the full value and benefit of …
4 CMC § 5103 Consumer Counsel: Findings and Purpose
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5103. Consumer Counsel: Findings and Purpose. (a) The legislature declares that the public health, welfare and interest require a strong and effective consumer protection program to protect the interests of both the co…
4 CMC § 5104 Definitions
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5104. Definitions. As used in this article: (a) “Business practice” means any conduct carried out in a business context, whether an isolated act or a continuing series of related acts. (b) “Commerce” and “trade” mean t…
4 CMC § 5105 Unlawful Acts or Practices
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5105. Unlawful Acts or Practices. The following unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared to be unlawful: (a) Passing off goods …
4 CMC § 5106 Exemptions
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5106. Exemptions. Nothing in this article shall apply to: (a) Actions or transactions carried out by the Commonwealth government, any branch thereof or any other governmental agency; or (b) Actions or transactions carr…
4 CMC § 5107 Restraint of Prohibited Acts
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5107. Restraint of Prohibited Acts. (a) Whenever the Attorney General has reason to believe that any person is using, has used, or is about to use any method, act or practice declared in 4 CMC § 5105 to be unlawful, an…
4 CMC § 5108 Unnecessary Elements of Unfair Competition
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5108. Unnecessary Elements of Unfair Competition. In order to prove an act of unfair competition, it is not necessary to show harm to a consumer or the presence of competition. Source: PL 6-46, § 6, modified.
4 CMC § 5109 False or Misleading Statement
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5109. False or Misleading Statement. (a) It is an offense for any person, or any employee or agent, with intent directly or indirectly to dispose of real or personal property, or to perform services, professional or ot…
4 CMC § 5110 Statute of Limitations
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5110. Statute of Limitations. Any action to enforce any cause of action pursuant to this article shall be commenced within four years after the cause or action accrued. Source: PL 6-46, § 8, modified.
4 CMC § 5111 Remedies Cumulative
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5111. Remedies Cumulative. Unless otherwise expressly provided, the remedies or penalties provided by this article are cumulative to each other and to the remedies or penalties available under all other laws of the Com…
4 CMC § 5112 Private and Class Actions
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5112. Private and Class Actions. (a) Any person aggrieved as a result of a violation of this article may bring an action in the Commonwealth Superior Court for such legal or equitable relief as the court may order. In …
4 CMC § 5113 Non-Negotiability of Consumer Paper
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5113. Non-Negotiability of Consumer Paper. (a) If any contract for sale or lease of consumer goods or services on credit entered into between a retail seller and a retail buyer requires or involves the execution of a p…
4 CMC § 5114 Assurances of Voluntary Compliance
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5114. Assurances of Voluntary Compliance. In the administration of this article, the Attorney General may accept an assurance of voluntary compliance with respect to any method, act or practice deemed to be violative o…
4 CMC § 5115 Investigation Authorized
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5115. Investigation Authorized. (a) When it appears to the Attorney General that a person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this article, or when th…
4 CMC § 5116 Authority of Attorney General to Issue Subpoenas, Administer Oaths, Conduct Hearings, and Promulgate Rules and Regulations
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5116. Authority of Attorney General to Issue Subpoenas, Administer Oaths, Conduct Hearings, and Promulgate Rules and Regulations. To accomplish the objectives and to carry out the duties prescribed by this article, the…
4 CMC § 5117 Service of Notices, Demands or Subpoenas
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5117. Service of Notices, Demands or Subpoenas. Service of any notice, demand or subpoena under this article shall be made personally within the Commonwealth, but if personal service cannot be obtained, substituted ser…
4 CMC § 5118 Orders for Enforcement of Subpoenas or Investigative Demands
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5118. Orders for Enforcement of Subpoenas or Investigative Demands. (a) If any person fails or refuses to file any statement or report, to or obey any subpoena or investigative demand issued by the Attorney General, th…
4 CMC § 5119 Regulations
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5119. Regulations. (a) The consumer counsel with the concurrence of the Attorney General may promulgate regulations to carry out the purposes of this article. (b) In addition to any other regulation required under this…
4 CMC § 5120 Discrimination
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5120. Discrimination. It is an offense for any merchant to discriminate in commerce with any person on the basis of the race, color, creed, religion, sex, age, ethnic background, national origin, citizenship, or place …
4 CMC § 5121 Civil Penalties
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5121. Civil Penalties. (a) Any person who violates the terms of an injunction issued under 4 CMC § 5107 shall forfeit and pay to the Commonwealth a civil penalty of not more than $10,000 per violation. For the purposes…
4 CMC § 5122 Criminal Penalties
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5122. Criminal Penalties. (a) Any merchant who knowingly or recklessly violates any provision of this article shall, upon conviction, be fined not more than $2,000, or imprisoned for not more than six months, or both. …
4 CMC § 5123 Construction
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5123. Construction. (a) In interpreting this article, the courts of the Commonwealth shall construe any ambiguity in any provision of this article, or in any regulation or order issued under this article, or in any imp…
4 CMC § 5141 Title
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5141. Title. This article shall be known as the Commonwealth Disaster Price Freeze Act of 1996. Source: PL 10-17, § 2, modified. Commission Comment: PL 10-17 took effect June 21, 1996. According to PL 10-17, § 1: Secti…
4 CMC § 5142 Price Freeze
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5142. Price Freeze. (a) Declaration. Upon the Governor’s declaring that the Commonwealth is in typhoon condition two, or tropical storm condition one, or in case of the Governor’s declaration of a state of significant …
4 CMC § 5143 Penalties
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5143. Penalties. (a) Criminal Penalties. Any person who sells, or presents for sale, an item whose price has been raised or increases housing rentals including apartments and condos while a price freeze was in effect, …
4 CMC § 5144 Not an Exclusive Remedy
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5144. Not an Exclusive Remedy. Nothing in this law shall prevent the bringing of any action pursuant to the Commonwealth Consumer Protection Act (article 1 of this chapter [4 CMC § 5101 et seq.]). Source: PL 10-17, § 5…
4 CMC § 5161 Definitions
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5161. Definitions. As used in this article: (a) “Assistive device” means any device, including a demonstrator, that a consumer purchases or accepts transfer in the Commonwealth, which is used for a major life activity.…
4 CMC § 5162 Assistive Device Warranty
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5162. Assistive Device Warranty. (a) A manufacturer who sells an assistive device to a consumer, either directly or through an assistive device dealer, shall furnish the consumer with an express warranty for the assist…
4 CMC § 5163 Replacement or Refunds
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5163. Replacement or Refunds. (a) To receive a comparable new assistive device or a refund due under 4 CMC § 5162(d) and amendments thereto, a consumer shall offer to the manufacturer of the assistive device having the…
4 CMC § 5164 Enforcement after Refund
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5164. Enforcement after Refund. No person shall enforce the lease against the consumer after the consumer receives a refund due under 4 CMC § 5162(d)(3) and amendments thereto. Source: PL 11-101, § 5, modified.
4 CMC § 5165 Rights, Remedies, and Waivers
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5165. Rights, Remedies, and Waivers. (a) This article shall not be construed to limit rights or remedies available to a consumer under any other law. (b) Any waiver by a consumer of rights under this article is void. (…
4 CMC § 5166 Failure to Comply; Action by Attorney General
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5166. Failure to Comply; Action by Attorney General. (a) This article shall be part of and supplemental to the Consumer Protection Act (4 CMC § 5101 et seq.). (b) Any failure to comply with the provisions or requiremen…
4 CMC § 5171 Timely Refund Requirement
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5171. Timely Refund Requirement. Businesses in the Commonwealth that require security deposits as a condition for renting or leasing of property shall refund the balance of the security deposit within ten days after th…
4 CMC § 5172 Regulatory Authority
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5172. Regulatory Authority. The Enforcement and Compliance Division of the Department of Commerce shall adopt regulations to implement the provisions of this Act. Source: PL 14-65, § 3.
4 CMC § 5173 Penalties
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5173. Penalties. Any business found in violation of this Act shall be assessed a court fine of up to $1,000 per violation. Source: PL 14-65, § 4.
4 CMC § 5181 Definitions
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5181. Definitions. For the purposes of this Article, the following terms have the following meanings: (a) “Immigration or residency matter” means any proceeding, filing, or action affecting the nonimmigrant, immigrant,…
4 CMC § 5182 Exemptions
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5182. Exemptions. (a) The following persons and entities are exempt from this Article, provided they prove the exemption by the preponderance of the evidence: (1) An attorney licensed to practice law in any state or te…
4 CMC § 5183 Permissible Services
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5183. Permissible Services. (a) Any person who provides or offers to provide immigration or residency assistance service may perform only the following services: (1) Completing a government agency form, requested by th…
4 CMC § 5184 Prohibited Conduct
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5184. Prohibited Conduct. (a) No person subject to this Article shall charge fees directly or indirectly for referring an individual to an attorney or for any immigration or residency matter not authorized by this Arti…
4 CMC § 5185 Surety Required
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5185. Surety Required. Any person performing immigration or residency services shall register with the Attorney General and submit verification of malpractice insurance or of a surety bond in an amount to be determined…
4 CMC § 5186 Written Contract Required
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5186. Written Contract Required. (a) Except as provided otherwise in this subsection, before providing any assistance in an immigration or residency matter a person shall provide the customer with a written contract th…
4 CMC § 5187 Signage Required
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5187. Signage Required. Any person who provides or offers immigration or residency assistance service and is not exempted from this Article, shall post signs at his or her place of business, setting forth information i…
4 CMC § 5188 Advertising Requirements
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5188. Advertising Requirements. (a) Every person engaged in immigration or residency assistance service who is not an attorney who advertises immigration or residency assistance service in a language other than English…
4 CMC § 5189 Penalties and Remedies
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5189. Penalties and Remedies. (a) Any person who violates any provision of this Article, or the rules and regulations promulgated under this Article, shall be guilty of a misdemeanor for a first offense punishable by a…
4 CMC § 5190 Rule-making Authority
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TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5190. Rule-making Authority. The Attorney General shall issue rules or regulations not inconsistent with this Article for the implementation, administration, and enforcement of this Article. The rules or regulations ma…
4 CMC § 6101 Short Title
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TITLE 4: ECONOMIC RESOURCES DIVISION 6: BANKING AND FINANCIAL INSTITUTIONS § 6101. Short Title. This division may be cited as the Commonwealth Banking Code of 1984. Source: PL 3-104, § 100. Commission Comment: PL 3-104 took effect February 6, 1984. PL 3-104, § 1105 repealed PL 3-…
4 CMC § 6102 Purpose
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TITLE 4: ECONOMIC RESOURCES DIVISION 6: BANKING AND FINANCIAL INSTITUTIONS § 6102. Purpose. It is the purpose of this division to establish a comprehensive code for the regulation of the banking business within the Commonwealth which will protect depositors and consumers while al…