North Dakota Code § 6-05-15.1

Corporate trustee - Investment of trust funds - Commingling funds
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Any trust company may invest all moneys received by it in authorized securities, and shall 
be responsible to the owner or beneficiary of a trust for the validity, regularity, quality, value, and 
genuineness of these investments and securities so made, and for the safekeeping of the 
securities and evidences thereof. When special directions are given in any order, judgment, 
decree, will, or other written instrument as to the particular manner or the particular class or kind 
of securities or property in which any investment must be made, it shall follow such directions, 
and in such case it is not further responsible by reason of the performance of such trust. In all 

other cases it may invest funds held in any trust capacity in authorized securities using its best 
judgment in the selection thereof, and shall be responsible for the validity, regularity, quality, and 
value thereof at the time made, and for their safekeeping. Whether it be the sole trustee or one 
of two or more cotrustees, it may invest in fractional parts of, as well as in whole, securities, or 
may commingle funds for investment. If it invests in fractional parts of securities or commingles 
funds for investment, all of the fractional parts of such securities, or the whole of the funds so 
commingled must be owned and held by the trust company in its several trust capacities, and it 
is liable for the administration thereof in all respects as though separately invested. Funds so 
commingled for investment must be designated collectively as a common trust fund. It may, in 
its discretion, retain and continue any investment and security or securities coming into its 
possession in any fiduciary capacity. The foregoing applies as well whether a corporation 
trustee is acting alone or with an individual cotrustee.

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