North Dakota Code 26.1-31.2-03 – Qualified United States financial institutions
1. For purposes of subsection 3 of section 26.1-31.2-02, a “qualified United States financial institution” means an institution that:
Terms Used In North Dakota Code 26.1-31.2-03
- Fiduciary: A trustee, executor, or administrator.
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
a. Is organized, or in case of a United States office of a foreign banking organization, is licensed, under the laws of the United States or any state thereof; b. Is regulated, supervised, and examined by United States federal or state authorities having regulatory authority over banks and trust companies; and
c. Has been determined by either the commissioner, or the securities valuation office of the national association of insurance commissioners, to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the commissioner.
2. A “qualified United States financial institution” means, for purposes of those provisions of this chapter specifying those institutions that are eligible to act as a fiduciary of a trust, an institution that:
a. Is organized, or in the case of a United States branch or agency office of a foreign banking organization, is licensed, under the laws of the United States or any state thereof and has been granted authority to operate with fiduciary powers; and
b. Is regulated, supervised, and examined by federal or state authorities having regulatory authority over banks and trust companies.