North Dakota Code 47-25-02.1 – Electronic filing of trade name registration
A person or organization may file a trade name registration by electronic communication with the secretary of state. The following definitions apply to electronic trade name filings with the secretary of state:
Terms Used In North Dakota Code 47-25-02.1
- 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
- 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
- paper: means any flexible material upon which it is usual to write. See North Dakota Code 1-01-27
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Process: means a writ or summons issued in the course of judicial proceedings. 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
1. “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
2. “Electronic communication” means any form of communication acceptable to the secretary of state, not directly involving the physical transmission of paper:
a. That creates a record that may be retained, retrieved, and reviewed by a recipient of the communication; and
b. That may be directly reproduced in paper form by the recipient through an automated process.
3. “Electronic record” means a record created, generated, sent, communicated, received, or stored by electronic means.
4. “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
5. “Legal recognition” means a record or signature may not be denied legal effect or enforceability solely because it is in electronic form. If a provision of this chapter requires:
a. A record to be in writing, an electronic record satisfies the requirement. b. A signature, an electronic signature satisfies the requirement.
6. “Signed” means that the signature of a person, which may be a facsimile affixed, engraved, printed, placed, stamped with indelible ink, transmitted by facsimile telecommunication or electronically, or in any other manner reproduced on the document, and is communicated by a method or medium of communication acceptable to the secretary of state.