North Dakota Code 30.1-31-05 – (6-204) Forms
1. A contract of deposit that contains provisions in substantially the following form establishes the type of account provided, and the account is governed by the provisions of sections 30.1-31-02 through 30.1-31-20 applicable to an account of that type:
Terms Used In North Dakota Code 30.1-31-05
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
UNIFORM SINGLE- OR MULTIPLE-PARTY ACCOUNT FORM PARTIES [name one or more parties]:
OWNERSHIP [select one and initial]:
SINGLE-PARTY ACCOUNT MULTIPLE-PARTY ACCOUNT Parties own account in proportion to net contributions unless there is clear and convincing evidence of a different intent.
RIGHTS AT DEATH [select one and initial]:
SINGLE-PARTY ACCOUNT At death of party, ownership passes as part of party’s estate.
SINGLE-PARTY ACCOUNT WITH P.O.D. (PAY ON DEATH) DESIGNATION [name one or more beneficiaries]:
At death of party, ownership passes to P.O.D. beneficiaries and is not part of party’s estate.
MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP At death of party, ownership passes to surviving parties.
MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP AND P.O.D. (PAY ON DEATH) DESIGNATION [name one or more beneficiaries]:
At death of last surviving party, ownership passes to P.O.D. beneficiaries and is not part of last surviving party’s estate.
MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF SURVIVORSHIP At death of party, deceased party’s ownership passes as part of deceased party’s estate.
AGENCY (POWER OF ATTORNEY) DESIGNATION [optional] Agents may make account transactions for parties but have no ownership or rights at death unless named as P.O.D. beneficiaries.
[to add agency designation to account, name one or more agents]:
[select one and initial]:
AGENCY DESIGNATION SURVIVES DISABILITY OR INCAPACITY OF PARTIES AGENCY DESIGNATION TERMINATES ON DISABILITY OR INCAPACITY OF PARTIES 2. A contract of deposit that does not contain provisions in substantially the form provided in subsection 1 is governed by sections 30.1-31-02 through 30.1-31-20 applicable to the type of account that most nearly conforms to the depositor’s intent.