North Dakota Code § 6-03-21

Impairment of capital - Dividends stopped - Action by board - Restoration
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Whenever the capital of any state banking association becomes impaired or the capital 
stock reduced below the amount required by this title or by the articles of incorporation, no 
dividend may be declared nor distribution of profits made thereafter while any debts of the 
association remain unsatisfied, nor until the impairment or deficiency is made good. Whenever it 
appears that the capital of any state banking association has become impaired or its capital 
stock reduced, the commissioner shall report the same to the state banking board immediately. 
The commissioner thereupon shall issue and enforce the necessary order restraining the 
declaring of dividends and requiring that the impairment or deficiency be made good. The 
impairment or deficiency must be made good within sixty days thereafter, or the commissioner, 
upon the order or direction of the state banking board, may take charge of the state banking 
association and proceed to liquidate the association as in case of insolvency.

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