N.D. Cent. Code § 10-06.1-15
10-06.1-15. Initial report - Farming or ranching corporation shareholder and farming or ranching limited liability member requirements
10-06.1-15. Initial report - Farming or ranching corporation shareholder and farming
or ranching limited liability member requirements.
1. Every farming or ranching corporation or farming or ranching limited liability company
shall file an initial report with its articles of incorporation, articles of organization, or
certificate of authority. The report must be signed by the incorporators or organizers or,
in the case of a certificate of authority, an authorized person, and must contain the
following:
a. The name of the farming or ranching corporation or farming or ranching limited
liability company.
b. With respect to each shareholder or member:
(1) The name and address of each, including the names and addresses and
relationships of trusts and estates that own shares or membership interests;
(2) The number of shares or membership interests or percentage of shares or
membership interests owned by each;
(3) The relationship of each;
(4) A statement of whether each is a citizen or permanent resident alien of the
United States; and
(5) A statement of whether each will be actively engaged in operating the farm
or ranch.
c. With respect to management:
(1) If a farming or ranching corporation, the names and addresses of the
officers and members of the board of directors; or
(2) If a farming or ranching limited liability company, the names and addresses
of the managers, members authorized under a statement of authority, and
members of the board of governors.
d. If the purchase or lease of farmland or ranchland is final at the time of the initial
report, a statement listing the acreage [hectarage] and location listed by section,
township, range, and county of all farmland or ranchland owned or leased by the
farming or ranching corporation or farming or ranching limited liability company. If
the purchase or lease of farmland or ranchland is not yet final at the time of the
initial report, a statement that there is a bona fide and imminent intent and a plan
to purchase or lease farmland or ranchland.
e. A statement that at least sixty-five percent of the gross income of the farming or
ranching corporation or farming or ranching limited liability company will be
derived from engaging in the business of farming or ranching, and that twenty
percent or less of the gross income of the corporation or limited liability company
will be from nonfarm rent, nonfarm royalties, dividends, interest, and annuities.
2. A farming or ranching corporation or a farming or ranching limited liability company
may not commence farming or ranching in this state until the secretary of state has
received and filed the articles of incorporation, articles of organization, or certificate of
authority, and the initial report required under this section.
3. The farming or ranching corporation or farming or ranching limited liability company
shall furnish to the official county newspaper of each county or counties in which
farmland or ranchland is owned or leased by the corporation or limited liability
company a legal notice reporting the following:
a. The name of the farming or ranching corporation or farming or ranching limited
liability company and its shareholders or members as listed in the initial report.
b. A statement that the farming or ranching corporation or farming or ranching
limited liability company has reported that it owns or leases farmland or ranchland
in the county and that a description of that land is available for inspection at the
office of the secretary of state.