reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-03 - BUSINESS › Chapter 72-03-01 - SERIES LIMITED LIABILITY COMPANY › Section 72-03-01-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Child
				series" means a series established under North Dakota Century Code section
				10-32.1-102.
2. "Parent limited
				liability company" means a limited liability company that functions as an
				umbrella organization over one or more child series.
General Authority:
NDCC 10-32.1-102(14)
Law Implemented:
NDCC
					 10-32.1-102
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-03 - BUSINESS › Chapter 72-03-01 - SERIES LIMITED LIABILITY COMPANY › Section 72-03-01-02 - Series disclosure - Domestic

Current through Supplement No. 393, July, 2024
The establishment of a series in an operating agreement must
				  be disclosed to the secretary of state.
1. The domestic parent limited liability
				company shall file articles of organization with the secretary of state.
a. If the series is established at the time
				of the filing of articles of organization of the parent limited liability
				company, the establishment, along with the name of each child series, must be
				disclosed in those articles of organization.
b. If the series is established any time
				after the filing of articles of organization of the parent limited liability
				company, the establishment, along with the name of each child series, must be
				disclosed promptly in articles of amendment filed with the secretary of state
				in compliance with North Dakota Century Code section 10-32.1-21.
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-03 - BUSINESS › Chapter 72-03-01 - SERIES LIMITED LIABILITY COMPANY › Section 72-03-01-03 - Series disclosure - Foreign

Current through Supplement No. 393, July, 2024
The establishment of a series in an operating agreement must
				  be disclosed to the secretary of state.
1. The foreign parent limited liability
				company promptly shall file a certificate of authority with the secretary of
				state that complies with subsection 13 of North Dakota Century Code section
				10-32.1-102.
a. If the series is established
				at the time of the filing of the certificate of authority of the parent limited
				liability company, the establishment, along with the name of each child series
				that will be transacting business in this state, must be disclosed in that
				certificate of authority.
b. If the
				series is established any time after the filing of the certificate of authority
				of the parent limited liability company, the establishment, along with the name
				of each child series that will be transacting business in this state, must be
				disclosed promptly in an amended certificate of authority filed with the
				secretary of state in compliance with North Dakota Century Code section
				10-32.1-77.
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-03 - BUSINESS › Chapter 72-03-01 - SERIES LIMITED LIABILITY COMPANY › Section 72-03-01-04 - Child series

Current through Supplement No. 393, July, 2024
1 The name
				of each child series must be:
a. Provided in
				the parent limited liability company's articles or amended articles of
				organization, or certificate or amended certificate of authority, filed with
				the secretary of state; and
b.
				Registered as a trade name with the secretary of state under North Dakota
				Century Code chapter 47-25, with the owner being the parent limited liability
				company.
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-03 - BUSINESS › Chapter 72-03-01 - SERIES LIMITED LIABILITY COMPANY › Section 72-03-01-05 - Registered agent

Current through Supplement No. 393, July, 2024
1. A
				commercial or noncommercial registered agent appointed for the parent limited
				liability company shall serve as the registered agent for each child series.
				There is no separate appointment of a registered agent for a child
				series.
2. A child series may not
				serve as registered agent for the parent limited liability company.
3. The appointed commercial or noncommercial
				registered agent shall maintain information on each child series, which must
				include:
a. The name of each child
				series;
b. The names and addresses
				of all members and managers of each child series; and
c. The physical address and either an email
				address or a telephone number of an individual for each child series who is
				authorized to receive communications from the registered agent.
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-03 - BUSINESS › Chapter 72-03-01 - SERIES LIMITED LIABILITY COMPANY › Section 72-03-01-06 - Annual report

Current through Supplement No. 393, July, 2024
The parent limited liability company shall file an annual
				  report in accordance with North Dakota Century Code section 10-32.1-89. A child
				  series is not separately registered as a limited liability company and does not
				  have annual report requirements in this state.
General Authority:
NDCC 10-32.1-102(14)
Law Implemented:
NDCC
					 10-32.1-102
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-03 - BUSINESS › Chapter 72-03-01 - SERIES LIMITED LIABILITY COMPANY › Section 72-03-01-07 - Certificates of good standing, existence, and fact

Current through Supplement No. 393, July, 2024
Upon request and payment of fees:
1. A certificate of good standing, existence,
				or fact may be furnished by the secretary of state on the parent limited
				liability company.
2. A certificate
				of fact may be furnished by the secretary of state on a child series trade name
				registration.
General Authority:
NDCC 10-32.1-102(14)
Law Implemented:
NDCC
					 10-32.1-102
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-03 - BUSINESS › Chapter 72-03-01 - SERIES LIMITED LIABILITY COMPANY › Section 72-03-01-08 - Termination

Current through Supplement No. 393, July, 2024
1. When a
				child series ceases to exist:
a. Amended
				articles of organization or an amended certificate of authority must be filed
				with the secretary of state to remove the child series name from the articles
				or certificate; and
b. A request to
				cancel the trade name of that child series must be filed with the secretary of
				state.
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-05 - Electronic Filings and Signatures › Chapter 72-05-01 - Facsimile Filings › Section 72-05-01-01 - Applicability

Current through Supplement No. 393, July, 2024
These rules are applicable and available to any state agency
				  as defined in North Dakota Century Code section
				  44-08-04.2 charged by law with the
				  duty of receiving signed, subscribed, or verified documents. Any such document
				  may be submitted by fax as permitted by the state agency and this
				  chapter.
General Authority: NDCC
					 1-08-12
Law
					 Implemented: NDCC
					 1-08-12
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-05 - Electronic Filings and Signatures › Chapter 72-05-01 - Facsimile Filings › Section 72-05-01-02 - Definitions

Current through Supplement No. 393, July, 2024
1. "Facsimile filer" or "filer" means a person who transmits
				  or causes to be transmitted a facsimile filing to a state agency.
2. "Facsimile filing" or "filing by fax" means the facsimile
				  transmission of a document to a state agency that accepts such documents.
3. "Facsimile transmission" means a completed transmission of
				  a document by a system that encodes a document into electrical signals,
				  transmits these electrical signals over a telephone line, and reconstructs the
				  signals to print a duplicate of the original document at the receiving end.
4. "Fax" is an abbreviation for "facsimile", and refers, as
				  indicated by the context, to facsimile transmission or to a document so
				  transmitted.
5. "Transmission cover sheet" means the transmission document
				  which must include the following information from the facsimile filer: the
				  filer's name, address, and telephone number; the facsimile telephone number of
				  the sending machine; the number of pages sent; the transmission time and date;
				  the identification of the documents transmitted; and any applicable filing
				  deadline and whether the fax should be directed to any particular person at the
				  state agency. If a filing fee is required for the document to be filed, the
				  transmission cover sheet must also contain a valid credit card account number
				  to which the filing fee must be charged, signature of the cardholder
				  authorizing the charging of the fee, and the expiration date of the credit
				  card. The state agency may require additional information to be included in the
				  cover sheet.
6. "Transmission record" means the required document printed
				  or created by the sending facsimile machine stating the telephone number of the
				  receiving machine, the number of pages sent, the transmission time and date,
				  and an indication of any errors in transmission.
General Authority: NDCC
					 1-08-12
Law
					 Implemented: NDCC
					 1-08-12
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-05 - Electronic Filings and Signatures › Chapter 72-05-01 - Facsimile Filings › Section 72-05-01-03 - General requirements

Current through Supplement No. 393, July, 2024
The document used for transmitting a fax other than a
				  transmission cover sheet must be an original legible document. Any document
				  that exceeds eight and one-half inches [21.59 centimeters] by eleven inches
				  [35.56 centimeters] must be reduced in size to not more than eight and one-half
				  inches [21.59 centimeters] by eleven inches [35.56 centimeters] before it is
				  transmitted. In order for a document to be eligible for filing, it must be
				  received by the state agency in a legible, complete form. If applicable law
				  requires the document to be verified, the notary jurat or equivalent language
				  must be completed and included on the document transmitted by fax. Any notary
				  jurat must be accompanied by a discernible seal or stamp. A state agency
				  accepting a fax filing may require a facsimile filer to file an original of any
				  document that has been filed by fax or to retain the original for any period of
				  time up to the time specified for the particular type of document in the
				  records retention schedule of the state agency.
General Authority: NDCC
					 1-08-12
Law
					 Implemented: NDCC
					 1-08-12
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-05 - Electronic Filings and Signatures › Chapter 72-05-01 - Facsimile Filings › Section 72-05-01-04 - Mandatory transmission cover sheet

Current through Supplement No. 393, July, 2024
A facsimile filing must be accompanied by a completed
				  transmission cover sheet. The cover sheet must be the first page transmitted.
				  The state agency shall ensure that any credit card information on the
				  transmission cover sheet not be publicly disclosed.
General Authority: NDCC
					 1-08-12,
					 44-04-18.9
LawImplemented:NDCC
					 1-08-12
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-05 - Electronic Filings and Signatures › Chapter 72-05-01 - Facsimile Filings › Section 72-05-01-05 - Notation of fax filing

Current through Supplement No. 393, July, 2024
Each document transmitted by fax for direct filing with a
				  state agency must contain the phrase "by fax" or "by facsimile" immediately
				  below the title of the document.
General Authority: NDCC
					 1-08-12
Law
					 Implemented: NDCC
					 1-08-12
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-05 - Electronic Filings and Signatures › Chapter 72-05-01 - Facsimile Filings › Section 72-05-01-06 - Presumption of filing

Current through Supplement No. 393, July, 2024
A facsimile filer shall cause the transmitting facsimile
				  machine to print a transmission record of each filing by fax. If the facsimile
				  filing is not filed with the state agency because of an error in the
				  transmission of the document to the state agency which was unknown to the
				  facsimile filer or a failure to process the facsimile filing when received by
				  the state agency, the facsimile filer may request that the state agency
				  consider the document to be filed on the date transmitted. The request to the
				  state agency must be accompanied by a sworn statement and a proof of
				  transmission in substantially the following form:
At the time of transmission I was at least 18 years of age.
				  On (date) _______________ at (time) ________________ I transmitted to the
				  (state agency)_____________ the following document (name) ____________ by
				  facsimile machine, pursuant to North Dakota Administrative Code Chapter
				  72-05-01. The state agency's fax telephone number that I used was (fax
				  telephone number)____________________. The facsimile machine I used complied
				  with the administrative rules and no error was reported by the machine.
				  Pursuant to North Dakota Administrative Code Section
				  72-05-01-07, I caused the machine
				  to print a transmission record of the transmission, a copy of which is attached
				  to this declaration.
I declare under the pains and penalties of perjury under the
				  laws of the State of North Dakota that the foregoing statement is true and
				  correct.
___________________________
Subscribed and sworn to before me this______day
				  of______________.
___________________________
Notary Public
My Commission Expires ____________________ .
General Authority: NDCC
					 1-08-12
Law
					 Implemented: NDCC
					 1-08-12
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-05 - Electronic Filings and Signatures › Chapter 72-05-01 - Facsimile Filings › Section 72-05-01-07 - Payment of filing fee by credit or debit card

Current through Supplement No. 393, July, 2024
1. A credit or debit card account acceptable
				to the state agency may be used to pay for filing fees on facsimile filings
				made directly to a state agency. The transmission cover sheet for these filings
				must include the credit or debit card account number to which the fee is be
				charged, the signature of the cardholder authorizing the charging of the fees,
				and the expiration date of the credit or debit card.
2. Rejection of charge. If a charge is
				rejected by the issuing company, the state agency may notify the facsimile
				filer that the filing is rejected because of the rejected charge. This
				provision does not prevent a state agency from seeking authorization for the
				charge before the filing and rejecting the filing if the charge is not approved
				by the issuing company.
3. Amount
				of charge. The amount of credit or debit card charge must be the applicable
				statutory fee, tax, or other authorized charge. An additional fee may not be
				charged to the facsimile filer in order to accept payment by credit
				card.
General Authority: NDCC
					 1-08-12,
					 54-06-08.2
Law
					 Implemented: NDCC
					 1-08-12
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-05 - Electronic Filings and Signatures › Chapter 72-05-01 - Facsimile Filings › Section 72-05-01-08 - Automated clearinghouse payments

Current through Supplement No. 393, July, 2024
A facsimile filer may pay for filing fees by establishing an
				  automated clearinghouse debit or credit transaction. The facsimile filer shall
				  contact the state agency to establish the payment procedure prior to the
				  initial automated clearinghouse transaction. The facsimile filer must sign an
				  authorization to be filed with the state agency before an automated
				  clearinghouse debit transaction may be completed. The facsimile filer must
				  contact the state agency for automated clearinghouse credit transfer
				  instructions to the Bank of North Dakota.
General Authority: NDCC
					 1-08-12
Law
					 Implemented: NDCC
					 1-08-12
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-05 - Electronic Filings and Signatures › Chapter 72-05-01 - Facsimile Filings › Section 72-05-01-09 - Signatures

Current through Supplement No. 393, July, 2024
1.
Possession
				of original document.
A facsimile filer who files a signed document
				pursuant to these rules represents that the original signed document is in the
				filer's possession or control and available for inspection by or delivery to
				the state agency at any reasonable time and place within the number of years of
				the filing specified by the agency upon demand by the agency.
2.
Validity of signature.
A
				signature on a document accepted for filing by the state agency and filed by
				facsimile in accordance with these rules has the same validity and consequence
				as the manually signed signature.
General Authority: NDCC
					 1-08-12
Law
					 Implemented: NDCC
					 1-08-12
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-05 - Electronic Filings and Signatures › Chapter 72-05-01 - Facsimile Filings › Section 72-05-01-10 - Availability of state agency fax

Current through Supplement No. 393, July, 2024
A state agency agreeing to accept fax filings shall make its
				  fax machine generally available for receipt of documents during normal business
				  hours on normal business days. This provision does not prevent the state agency
				  from utilizing the fax machine to transmit documents or providing for normal
				  repair and maintenance of the fax machine during these hours.
General Authority: NDCC
					 1-08-12
Law
					 Implemented: NDCC
					 1-08-12
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-05 - Electronic Filings and Signatures › Chapter 72-05-01 - Facsimile Filings › Section 72-05-01-11 - Records of fax filings

Current through Supplement No. 393, July, 2024
A state agency may maintain a manual or other log to record
				  incoming fax filings. The log or record may contain a description of the
				  received document and the state agency staff person to whom the document was
				  assigned for filing.
General Authority: NDCC
					 1-08-12
Law
					 Implemented: NDCC
					 1-08-12
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-05 - Electronic Filings and Signatures › Chapter 72-05-02 - Tangible Media Filings (Diskette and CD-ROM) › Section 72-05-02-01 - Applicability

Current through Supplement No. 393, July, 2024
These rules apply to any state agency as defined in North
				  Dakota Century Code section
				  44-08-04.2 charged by law with the
				  duty of receiving signed, subscribed, or verified documents. Such a state
				  agency may accept documents transmitted via tangible media such as 3.5 inch
				  [8.89 centimeter] diskettes or CD-ROMs.
General Authority: NDCC
					 1-08-12
Law
					 Implemented: NDCC
					 1-08-12
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-05 - Electronic Filings and Signatures › Chapter 72-05-02 - Tangible Media Filings (Diskette and CD-ROM) › Section 72-05-02-02 - Definitions

Current through Supplement No. 393, July, 2024
1. "Mandatory cover sheet" means a form developed by a state
				  agency which must accompany any tangible media filing. The form must identify
				  the filer and list the filer's full post-office address and telephone number.
				  The form may also contain any filing fee information or other pertinent
				  information inserted by the state agency and must identify the documents
				  contained on the tangible media. The form must also contain a statement that
				  the filer filing via the tangible medium has examined it and that it contains
				  true and correct copies of the documents to be filed and that by signing the
				  form acknowledges that the filer is intending to sign, subscribe, or verify
				  documents contained on the tangible medium. The form must contain a line for a
				  manual signature of the filer, any representative capacity, and the date the
				  form was executed. If applicable law requires the document to be verified, the
				  form must also contain a notary jurat or equivalent language.
2. "Tangible media" means any tangible media other than
				  paper, which is capable of storing documents and converting the documents into
				  readable usable form by a state agency through the use of existing state agency
				  equipment and associated software. Tangible media include 3.5 inch [8.89
				  centimeter] diskettes and compact discs - read-only memory (CD-ROMs) and any
				  other tangible media that may exist and which meet the requirements of this
				  chapter.
General Authority: NDCC
					 1-08-12
Law
					 Implemented: NDCC
					 1-08-12
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-05 - Electronic Filings and Signatures › Chapter 72-05-02 - Tangible Media Filings (Diskette and CD-ROM) › Section 72-05-02-03 - General requirements

Current through Supplement No. 393, July, 2024
The tangible media employed by the filer must be of a type
				  acceptable to the state agency and usable by the state agency utilizing its
				  current electronic equipment and software. It must be of a type and format that
				  produces a clear readable usable document.
General Authority: NDCC
					 1-08-12
Law
					 Implemented: NDCC
					 1-08-12
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-05 - Electronic Filings and Signatures › Chapter 72-05-02 - Tangible Media Filings (Diskette and CD-ROM) › Section 72-05-02-04 - Mandatory cover sheet

Current through Supplement No. 393, July, 2024
A tangible media filing must be accompanied by the mandatory
				  filing cover sheet as defined in this chapter. In addition, the tangible media
				  object or any case or container in which it is contained or enclosed must be
				  labeled with the filer's name, address, and a brief description of the
				  documents contained therein.
General Authority: NDCC
					 1-08-12
Law
					 Implemented: NDCC
					 1-08-12
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-05 - Electronic Filings and Signatures › Chapter 72-05-02 - Tangible Media Filings (Diskette and CD-ROM) › Section 72-05-02-05 - Tangible media to be inspected by a state agency

Current through Supplement No. 393, July, 2024
Any tangible media submitted for filing under this chapter
				  must be examined by the state agency within a reasonable time after
				  presentment. The examination may include any virus check or security check to
				  ensure the safety and security of the state agency's systems, equipment, and
				  software. If the tangible media cannot produce a readable usable form of the
				  document, the state agency shall notify the filer filing the tangible media in
				  writing informing the filer that the tangible media is unreadable, damaged, or
				  not usable by the state agency and requesting that the filer submit a new
				  tangible media object. If the new tangible media object is received not later
				  than thirty days from the date the written notice is sent by the state agency,
				  the new tangible media object will be deemed to have been filed as of the date
				  originally submitted. A tangible media filing submitted other than in
				  conformity with this chapter may be rejected by the agency and may not be
				  deemed filed for any purpose.
General Authority: NDCC
					 1-08-12
Law
					 Implemented: NDCC
					 1-08-12
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-05 - Electronic Filings and Signatures › Chapter 72-05-02 - Tangible Media Filings (Diskette and CD-ROM) › Section 72-05-02-06 - Records retention

Current through Supplement No. 393, July, 2024
Any tangible media object that has been accepted for filing
				  by a state agency must be retained in conformity with its records retention
				  schedule.
General Authority: NDCC
					 1-08-12
Law
					 Implemented: NDCC
					 1-08-12
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-05 - Electronic Filings and Signatures › Chapter 72-05-02 - Tangible Media Filings (Diskette and CD-ROM) › Section 72-05-02-07 - Signatures

Current through Supplement No. 393, July, 2024
1.
Possession
				of original document.
Any filer filing by tangible media pursuant to
				these rules represents that the original signed document is in the filer's
				possession or control and is available for examination and inspection by or
				delivery to the state agency at any reasonable time and place within the number
				of years of the filing specified by the agency.
2.
Signature on mandatory cover sheet
				deemed an original valid signature.
A manual signature on a mandatory
				cover sheet accompanying any tangible media filing under this chapter that is
				accepted by the state agency and which complies with this chapter has the same
				validity and consequence as if the signature had been appended to the document
				contained on the tangible media.
General Authority: NDCC
					 1-08-12
Law
					 Implemented: NDCC
					 1-08-12
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-06 - Elections › Chapter 72-06-01 - Certifying and Decertifying Electronic Counting Machines and Voting Systems › Section 72-06-01-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Company" means any company, corporation, limited
				  liability company, or other entity engaged in the business of supplying
				  electronic voting systems.
2. "EAC" means the federal election assistance commission or
				  any entity or agency succeeding to its function or role.
General Authority: NDCC 16.1-06-26
Law
					 Implemented: NDCC 16.1-06-26
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-06 - Elections › Chapter 72-06-01 - Certifying and Decertifying Electronic Counting Machines and Voting Systems › Section 72-06-01-02 - Certification by secretary of state of electronic voting systems

Current through Supplement No. 393, July, 2024
Prior to procurement and subsequent use in this state, a
				  company supplying electronic voting systems shall give written notice to the
				  secretary of state and provide a demonstration certifying that its system
				  complies with applicable laws and is certified by a voting system test
				  laboratory accredited by the EAC. If the secretary of state approves the voting
				  system, the secretary of state shall issue a certificate of approval.
Any substantive changes or modifications in electronic voting
				  systems may be certified by the secretary of state with or without the
				  demonstration described in this section for initial approval provided that the
				  modified system has been certified by a voting system test laboratory
				  accredited by the EAC.
General Authority: NDCC
					 16.1-06-26
Law Implemented: NDCC 16.1-06-10.1, 16.1-06-11,
					 16.1-06-14, 16.1-06-26
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-06 - Elections › Chapter 72-06-01 - Certifying and Decertifying Electronic Counting Machines and Voting Systems › Section 72-06-01-03 - Decertification by secretary of state of electronic voting systems

Current through Supplement No. 393, July, 2024
The secretary of state may decertify and revoke a certificate
				  of approval of any electronic voting system previously certified according to
				  section 72-06-01-02 if the secretary of
				  state becomes aware that:
1. Any
				substantial modification was made to the electronic voting system that was not
				certified according to section
				72-06-01-02; or
2. Documented evidence exists showing
				malfunctioning by the electronic voting system that cannot be explained by user
				or operator error, and which the company cannot adequately or chooses not to
				account for.
General Authority: NDCC 16.1-06-26
Law
					 Implemented: NDCC 16.1-06-14,
					 16.1-06-26
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-06 - Elections › Chapter 72-06-01 - Certifying and Decertifying Electronic Counting Machines and Voting Systems › Section 72-06-01-04

Current through Supplement No. 393, July, 2024
General Authority: NDCC 16.1-06-26
Law
					 Implemented: NDCC 16.1-06-14,
					 16.1-06-26
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-06 - Elections › Chapter 72-06-01 - Certifying and Decertifying Electronic Counting Machines and Voting Systems › Section 72-06-01-05 - Defining a vote on digital scan ballots used as a part of an electronic voting system

Current through Supplement No. 393, July, 2024
A voting mark that touches the oval on a digital scan ballot
				  used as a part of an electronic voting system shall be counted as if it were in
				  the oval. A name of an individual who is eligible to be elected which is
				  written or entered by a voter on the space provided for write-in votes must be
				  counted as a vote whether or not the oval is darkened and provided there exist
				  no other marks made by the voter for that contest which would make it
				  impossible to determine the intent of the voter.
General Authority:
NDCC 16.1-06-26
Law Implemented:
NDCC
					 16.1-06-26
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-06 - Elections › Chapter 72-06-01 - Certifying and Decertifying Electronic Counting Machines and Voting Systems › Section 72-06-01-06

Current through Supplement No. 393, July, 2024
General Authority: NDCC 16.1-06-26
Law
					 Implemented: NDCC 16.1-06-26
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-06 - Elections › Chapter 72-06-01 - Certifying and Decertifying Electronic Counting Machines and Voting Systems › Section 72-06-01-07 - Temporarily defining a vote on new electronic voting system, not otherwise addressed in this chapter

Current through Supplement No. 393, July, 2024
After certifying a new electronic voting system according to
				  section 72-06-01-01 which is not otherwise addressed in this chapter, and
				  within sixty days following the issue of a certificate of approval by the
				  secretary of state, the secretary of state shall temporarily define and
				  publicize what constitutes a vote on the newly certified voting system, which
				  will govern until a permanent definition is adopted by rule.
General Authority:
NDCC 16.1-06-26
Law Implemented:
NDCC
					 16.1-06-26
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-06 - Elections › Chapter 72-06-02 - Notification to Military and Overseas Voter of Rejection of Absentee Ballot Request › Section 72-06-02-01 - Absentee ballot request rejection notice

Current through Supplement No. 393, July, 2024
The secretary of state shall provide county auditors with a
				  procedure and a form to utilize when notifying a military or overseas voter
				  that the voter's request for an absentee ballot was rejected and the reason for
				  the rejection.
General Authority: NDCC
					 16.1-01-01(3)
Law Implemented: NDCC 16.1-01-01(3);
					 Pub. L.
					 107-252; 116 Stat. 1666;
					 42 U.S.C.
					 1973ff -
					 1
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-06 - Elections › Chapter 72-06-03 - TRIBAL IDENTIFICATION FOR VOTING › Section 72-06-03-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Federal" as used in paragraphs three and
				five of subdivision b of subsection 3 of North Dakota Century Code section
				16.1-01-04.1 includes tribal governments within the state.
2. "Supplemental documentation", for the
				purpose of voting, means documents provided by the sources listed in
				subdivision b of subsection 3 of North Dakota Century Code section
				16.1-01-04.1, including tribal governments in North Dakota, that correct,
				explain, or add to the information included on an individual's current
				identification relating to name, date of birth, and residential street
				address.
3. "Tribal government"
				means the officially recognized government of any Indian tribe, nation, or
				other organized group or community located in North Dakota exercising
				self-government powers and recognized as eligible for services provided by the
				United States. The term includes:
a. The
				bureau of Indian affairs working on behalf of a tribal government located in
				North Dakota; or
b. A tribal agency
				or entity of any tribal government located in North Dakota.
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-06 - Elections › Chapter 72-06-03 - TRIBAL IDENTIFICATION FOR VOTING › Section 72-06-03-02 - Tribal identification

Current through Supplement No. 393, July, 2024
A valid tribal identification for the purposes of voting may
				  be any document deemed official by a tribal government, issued by a tribal
				  government in this state to a tribal member residing in North Dakota, and
				  listing the tribal member's name, date of birth, and residential street
				  address. The secretary of state shall provide a form that a tribal government
				  may use to provide a valid form of voting identification to any tribal members
				  that do not already have a tribal identification, North Dakota driver's
				  license, or North Dakota nondriver's identification. A tribal government may
				  use any form prescribed by the tribal government instead of the form provided
				  by the secretary of state, so long as the form is consistent with this section
				  and North Dakota Century Code section 16.1-01-04.1.
General Authority:
NDCC 16.1-02-11
Law Implemented:
NDCC
					 16.1-01-04.1
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-06 - Elections › Chapter 72-06-03 - TRIBAL IDENTIFICATION FOR VOTING › Section 72-06-03-03 - Central voter file and tribal identification

Current through Supplement No. 393, July, 2024
To expedite the use of tribal identification for tribal
				  members residing in North Dakota, the secretary of state shall enter into a
				  memorandum of agreement at the request of any tribal government located in
				  North Dakota for the purposes of receiving tribal identification information
				  regarding tribal members for entry and secure storage in the central voter
				  file. The information provided must be added to a record that already exists in
				  the central voter file or must be used to create a new record if no record for
				  the individual exists in the file. On a regular basis, which must be outlined
				  in the memorandum of agreement, the tribal government shall provide to the
				  secretary of state any changes to a record that have been received from tribal
				  members, which the secretary of state shall use to update the records in the
				  central voter file.
The information provided from tribal governments to the
				  secretary of state for the central voter file must include the tribal
				  member's:
1. Full legal
				name;
2. Date of birth;
3. Current residential street address in
				North Dakota;
4. Current mailing
				address;
5. Tribal identification
				number;
6. If applicable, the North
				Dakota driver's license or nondriver's identification number issued to the
				individual from the department of transportation; and
7. If necessary, any other information that
				would assist the secretary of state in assigning the tribal member to the
				proper precinct in which the member resides.
Any memorandum of agreement entered into pursuant to this
				  section must comply with requirements of North Dakota Century Code chapter
				  54-40.2.
General Authority:
NDCC 16.1-02-11
Law Implemented:
NDCC
					 16.1-01-04.1
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-06 - Elections › Chapter 72-06-03 - TRIBAL IDENTIFICATION FOR VOTING › Section 72-06-03-04 - Supplemental documentation

Current through Supplement No. 393, July, 2024
The secretary of state shall provide a form that a tribal
				  government may use for the purpose of providing supplemental documentation to a
				  tribal member whose identification does not provide the tribal member's current
				  name, date of birth, or residential street address. The supplemental
				  documentation provided by a tribal government to a tribal member must be
				  brought by the member to the polling place along with the identification and
				  presented to the poll worker for the correct ballot to be issued. For tribal
				  members voting by absentee or mail ballot, a copy of the supplemental
				  documentation must be provided along with the application for the ballot. A
				  tribal government may use any form prescribed by the tribal government instead
				  of the form provided by the secretary of state, so long as the form is
				  consistent with this section and North Dakota Century Code section
				  16.1-01-04.1.
The secretary of state shall provide a form that may be used
				  by a federal, state, or local government to provide supplemental documentation
				  to an individual for the purpose of voting.
General Authority:
NDCC 16.1-02-11
Law Implemented:
NDCC
					 16.1-01-04.1
North Dakota Administrative Code › Title 72 - Secretary of State › Article 72-06 - Elections › Chapter 72-06-03 - TRIBAL IDENTIFICATION FOR VOTING › Section 72-06-03-05 - Tribal members voting a set aside ballot

Current through Supplement No. 393, July, 2024
In counties that include tribal reservation land, immediately
				  after the election, the secretary of state shall send to the applicable tribal
				  government by electronic mail the names of all individuals whose marked ballot
				  was set aside because the identification provided did not contain current
				  information. Prior to the meeting of the county canvassing board occurring on
				  the sixth day after the election, the tribal government may respond to the
				  secretary of state with correct information that was missing or not current for
				  any tribal member included in the list of individuals who marked a set aside
				  ballot. The secretary of state shall provide a form for the tribal government
				  to use to respond with correct or missing information. A tribal government may
				  use any form prescribed by the tribal government instead of the form provided
				  by the secretary of state, so long as the form is consistent with this section
				  and North Dakota Century Code section 16.1-01-04.1.
Upon receipt of the information provided by the tribal
				  government, the secretary of state shall update the central voter file with the
				  correct or current information and shall notify the county auditor of the
				  county in which the tribal member resides that the set aside ballot for the
				  member must be counted at the meeting of the canvassing board.
General Authority:
NDCC 16.1-02-11
Law Implemented:
NDCC
					 16.1-01-04.1
North Dakota Administrative Code › Title 73 - Securities Commissioner › Article 73-02 - Securities Act of 1951 › Chapter 73-02-01 - Registration of Securities › Section 73-02-01-01 - Small corporate offering registration

Current through Supplement No. 393, July, 2024
Small corporate offering registration (SCOR) filings may be
				  used for registration applications and exemption applications for corporations
				  that issue securities exempt from federal registration under rule 504 of
				  regulation D of the securities and exchange commission rules. Form U-7, as
				  adopted by the North American securities administrators association, inc., on
				  April 29, 1989, is adopted for this purpose.
General Authority:
NDCC
					  10-04-03
Law Implemented:
NDCC
					  10-04-03
North Dakota Administrative Code › Title 73 - Securities Commissioner › Article 73-02 - Securities Act of 1951 › Chapter 73-02-05 - Unlawful Representations Concerning Registration or Exemption › Section 73-02-05-01 - Required statement

Current through Supplement No. 393, July, 2024
1. Unless otherwise specifically provided in this section or
				  otherwise waived by the commissioner, the following statement shall be set
				  forth in capital letters printed in boldface type on the outside front cover of
				  any prospectus intended for use or delivery in North Dakota:
THESE SECURITIES HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE
				  SECURITIES COMMISSIONER OFTHE STATE OF NORTH DAKOTA NOR HAS THE COMMISSIONER
				  PASSED UPON THE ACCURACY OR ADEQUACY OF THIS PROSPECTUS. ANY REPRESENTATION TO
				  THE CONTRARY IS A CRIMINAL OFFENSE.
2. The statement prescribed under subsection 1 shall not be
				  required on a prospectus which conforms to the requirements established under
				  the Securities Act of 1933 or any rules or regulations promulgated thereunder.
General Authority:
NDCC   28-32-02
Law Implemented:
NDCC   10-04-08.3
North Dakota Administrative Code › Title 73 - Securities Commissioner › Article 73-02 - Securities Act of 1951 › Chapter 73-02-06 - Registration of Dealers, Salesmen, and Investment Advisers › Section 73-02-06-01 - Dealer accounts and records

Current through Supplement No. 393, July, 2024
1.
Segregated accounts.
Dealers shall at all
				  times keep their customers' securities and funds in trust and segregated from
				  their own securities and funds.
2.
Multiple businesses - separate records - commingling
				  assets division of income and expenses.
Dealers engaged in more than one
				  business:
a. Shall maintain separate accounts, books, and records
				  relating to their securities business and their other businesses.
b. Shall not commingle assets of their securities business
				  with assets of their other businesses.
c. Shall maintain a clearly defined division with respect to
				  income and expenses between their securities business and their other
				  businesses.
General Authority:
NDCC   28-32-02
Law Implemented:
NDCC
				    10-04-11(3)
North Dakota Administrative Code › Title 73 - Securities Commissioner › Article 73-02 - Securities Act of 1951 › Chapter 73-02-06 - Registration of Dealers, Salesmen, and Investment Advisers › Section 73-02-06-02 - Examination of investment advisers and their representatives

Current through Supplement No. 393, July, 2024
1.
Examination.
An applicant for registration as
				  an investment adviser, including each partner, officer, director, or person
				  occupying a similar position or performing similar functions if the applicant
				  is a form of business association, and each person representing an investment
				  adviser in this state shall take and pass a written examination covering the
				  securities business, the Securities Act of 1951 and the rules and regulations
				  adopted thereunder, and such other subject matter areas as the commissioner may
				  prescribe.
2.
Exemption - exception waiver.
a. Except as otherwise provided hereinafter, those persons
				  who are registered as investment advisers on the effective date of this section
				  shall be exempt from the examination requirement imposed hereunder.
b. The commissioner may require any registered investment
				  adviser or any person representing a registered investment adviser in this
				  state to take and pass the written examination prescribed hereunder.
c. The commissioner may waive that part of the written
				  examination relating to the securities business upon receipt of evidence that a
				  person has passed a comparable examination administered by the securities and
				  exchange commission, the national association of securities dealers,
				  incorporated, or the New York stock exchange, incorporated, or has otherwise
				  demonstrated to the satisfaction of the commissioner that the person is
				  qualified to transact business in this state as an investment adviser on the
				  basis of knowledge, training, and experience.
General Authority:
NDCC   10-04-10(3)(g)
Law Implemented:
NDCC
				    10-04-10(3)(g)
North Dakota Administrative Code › Title 73 - Securities Commissioner › Article 73-02 - Securities Act of 1951 › Chapter 73-02-07 - Records › Section 73-02-07-01 - Recordkeeping requirements

Current through Supplement No. 393, July, 2024
1. All dealers, salesmen, investment advisers, and investment
				  adviser representatives shall keep and maintain all books and records required
				  to be kept by the securities and exchange commission and the national
				  association of securities dealers.
2. All dealers, salesmen, investment advisers, and investment
				  adviser representatives shall keep and maintain at their branch offices and
				  offices of supervisory jurisdiction, open to inspection by the commissioner,
				  the following items relating to the operations of such offices:
a. A complaint file containing a separate file of all written
				  customer or client complaints and any action taken by the dealer, salesman,
				  investment adviser, investment adviser representative, branch office, and
				  office of supervisory jurisdiction with respect to those complaints.
b. A litigation file documenting any criminal or civil
				  actions filed in any state or federal court against the dealer, salesman,
				  investment adviser, investment adviser representative, branch office, and
				  office of supervisory jurisdiction or against any personnel with respect to a
				  securities or an investment advisory transaction and the disposition of any
				  suchlitigation.
c. A correspondence file containing any and all
				  correspondence disseminated to or received from the public in connection with
				  the business of the dealer, salesman, investment adviser, and investment
				  adviser representative.
d. In the case of dealers and salesmen:
(1) Commission runs showing the amount of commissions earned
				  by each agent of the branch office and office of supervisory jurisdiction; and
(2) Confirmations of purchase and sale sent to each customer.
North Dakota Administrative Code › Title 73 - Securities Commissioner › Article 73-02 - Securities Act of 1951 › Chapter 73-02-08 - Fees and Charges › Section 73-02-08-02 - Fees for investigations

Current through Supplement No. 393, July, 2024
The maximum fee to be charged for any investigation,
				  examination, or audit must be the actual amount of the salary or other
				  compensation paid to the persons making the investigation, examination, or
				  audit plus the actual amount of expenses, including meals, lodging,
				  transportation, and overhead, reasonably incurred in the performance of the
				  work.
General Authority: NDCC 10-04-16.1
Law Implemented: NDCC 10-04-16.1