NDAC 72-03-01-03
Series disclosure - Foreign
Cite as N.D. Admin. Code § 72-03-01-03
The establishment of a series in an operating agreement must be disclosed to the secretary of
state.
1.
The foreign parent limited liability company promptly shall file a certificate of authority with the
secretary of state that complies with subsection 13 of North Dakota Century Code section
10-32.1-102.
a.
If the series is established at the time of the filing of the certificate of authority of the
parent limited liability company, the establishment, along with the name of each child
series that will be transacting business in this state, must be disclosed in that certificate
of authority.
b.
If the series is established any time after the filing of the certificate of authority of the
parent limited liability company, the establishment, along with the name of each child
series that will be transacting business in this state, must be disclosed promptly in an
amended certificate of authority filed with the secretary of state in compliance with North
Dakota Century Code section 10-32.1-77.
2.
A copy of the operating agreement may not be accepted by the secretary of state as a form of
disclosure of the establishment of a series.