North Dakota Code 6-03-22 – Impairment of capital – Stock assessments – Notice and limitation
When the capital of any association becomes impaired or when its capital stock is reduced below the amount required by this title or its articles of incorporation, the board of directors of the association has the power, and it is its duty, immediately to make a pro rata assessment upon all the outstanding stock of the association to make good such impairment or deficiency, and to serve notice thereof by registered or certified mail upon each stockholder of record, directed to such stockholder at the stockholder’s address last known to the board. Any such assessment or assessments may not exceed in the aggregate one hundred percent of the face value of the stock in the first year and may not exceed twenty-five percent in any succeeding year. The notice must specify the date on which the assessment is due and payable, and such date may not be less than ten days nor more than thirty days after the date of mailing the notice of assessment.
Terms Used In North Dakota Code 6-03-22
- board: when used in this title includes the state banking board and the state credit union board. See North Dakota Code 6-01-03
- capital: as used in this title embraces the amount of outstanding capital notes and debentures legally issued by any banking institution. See North Dakota Code 6-03-42
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See North Dakota Code 6-01-02
- year: means twelve consecutive months. See North Dakota Code 1-01-33