47-26
Certificates of Indebtedness
Cite as N.D. Op. Att'y Gen. 47-26
OPINION
47-26
October 3, 1947 (OPINION)
CERTIFICATES OF INDEBTEDNESS
RE: When Sold Without Advertising for Bids
Your letter of September 30, 1947, relating to the above, has come to
my desk.
Section 21-0211 of the 1943 Revised Code seems to be made up by the
code commission by combining sections 4285a4 and 4285a5 of the 1925
Supplement.
By referring to these sections, it is my opinion that if the school
district can sell certificates of indebtedness at par to bear not
more than five and one-half percent interest per annum then they may
be sold without advertising.
However, if the total borrowing on certificates of indebtedness
exceeds $6,000.00, then it would be necessary to advertise. But the
school district can borrow up to $6,000.00 without advertising if
they can sell them at five and one-half percent interest per annum.
If the sale is made to any of the state departments investing trust
funds then it is my opinion that they can sell them without
advertising even if the total borrowed is in excess of $6,000.00.
NELS G. JOHNSON
Attorney General