North Dakota Code § 6-05-08

Corporate powers
Open in Lexace · Ask the AI about this section
A corporation, when qualified as provided by section 6-05-04, may:
1. Acquire, lease, purchase, own, hold, use, improve, mortgage, sell, and convey such 
real estate and personal property as may be necessary for the convenient transaction 
of its business. It may acquire real estate by foreclosure or upon compromise or 
settlement of prior mortgages held by it either as absolute owner or as trustee and 
may dispose of the same. No part of the capital, deposits, trust funds, or property 
owned or held by it, in trust or otherwise, may be invested in real estate except as 
herein authorized, unless the investment is made under and by virtue of a particular 
contract, or instrument, or order, judgment, or decree of court, which confers a special 
power or authority so to do, and then only with, or to the extent of, the moneys or 
funds thereby provided and belonging to such particular trust. Such corporation is 
authorized to purchase notes, bonds, mortgages, and other evidences of 
indebtedness, and other securities, subject to the limitations imposed upon banking 
associations as to investments, and to convert the same into cash and other 
securities.
2. Act as trustee under will, agreement, court order, or otherwise, and act as fiscal agent 
and transfer agent.
3. Take, accept, and hold on deposit for savings account or for safekeeping, or in escrow, 
or for investment, any and all moneys, bonds, stocks, and other securities, or personal 
property whatsoever. When any savings deposit has been received from a minor, the 
repayment of the deposit to the minor or the minor's order is a complete discharge of 
such corporation from any further liability therefor. Whenever any officer or person, 
public or private, or any fiduciary, is authorized to pay into or deposit in any court any 
moneys, securities, or personal property whatsoever, the same instead of being 
deposited with or paid into court may be paid into or deposited with any corporation 
organized and acting under this chapter which may be designated for that purpose by 
the court having jurisdiction of the subject matter, or by the person owning or 
controlling such property. Whenever any fiduciary deposits any moneys, securities, or 
any personal property whatsoever, belonging to the fiduciary's trust, with any 
corporation qualified and acting under this chapter and takes a receipt of such 
corporation therefor, the fiduciary and the fiduciary's sureties thereafter are relieved 
from all liability therefor until the same again shall be delivered to the fiduciary by such 
corporation.
4. Act as assignee, receiver, administrator, executor, guardian, or conservator.
5. Provide by its bylaws and regulations for the payment of interest or dividends, for the 
investment of moneys, and conditions for repaying or withdrawing the same. It may 
borrow money upon the security of its own property or credit.
6. Act as agent and attorney in fact in all respects as a natural person could do.
7. Make, compile, and certify abstracts of title of real estate upon the conditions 
prescribed by the laws of this state relating to abstracters to ensure the validity and 
genuineness of titles to real property.
8. Notwithstanding any other provision of law and subject to approval by the state 
banking board, engage in any fiduciary activity in which a federally chartered financial 
institution that is granted fiduciary powers may engage.

‹ Prev All North Dakota sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.