North Dakota Code § 26.1-12-21

Reserve fund may be established - Limitation - Use
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Any mutual insurance company, at a meeting called for that purpose, may provide for the 
accumulation of a permanent fund, in an amount determined from time to time by the board of 
directors, by reserving a portion of the net profits for investment as a reserve for the security of 
the policyholders. When the fund amounts to five percent of the sum insured by all policies in 
force, the whole of the net profits thereafter must be divided among the insureds in cash as 
provided in the bylaws of the company. The fund must be used for the payment of losses and 
expenses whenever the cash funds of the company in excess of an amount equal to its liabilities 
are exhausted.

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