NDAC 45-03-05-05
Forms - Incorporation by reference, summaries, and omissions
Cite as N.D. Admin. Code ยง 45-03-05-05
1.
Information required by any item of Form A, Form B, Form D, Form E, or Form F may be
incorporated by reference in answer or partial answer to any other item. Information contained
in any financial statement, annual report, proxy statement, statement filed with a governmental
authority, or any other document may be incorporated by reference in answer or partial
answer to any item of Form A, Form B, Form D, Form E, or Form F provided the document is
filed as an exhibit to the statement. Excerpts of documents may be filed as exhibits if the
documents are extensive. Documents currently on file with the commissioner which were filed
within three years need not be attached as exhibits. References to information contained in
exhibits or in documents already on file shall clearly identify the material and shall specifically
indicate that the material is to be incorporated by reference in answer to the item. Matter shall
not be incorporated by reference in any case where the incorporation would render the
statement incomplete, unclear, or confusing.
2.
Where an item requires a summary or outline of the provisions of any document, only a brief
statement shall be made as to the pertinent provisions of the document. In addition to the
statement, the summary or outline may incorporate by reference particular parts of any exhibit
or document currently on file with the commissioner which were filed within three years and
may be qualified in its entirety by the reference. In any case where two or more documents
required to be filed as exhibits are substantially identical in all material respects except as to
the parties thereto, the dates of execution, or other details, a copy of only one of the
documents need be filed with a schedule identifying the omitted documents and setting forth
the material details in which the documents differ from the documents a copy of which is filed.