North Dakota Code 4.1-58-11 – Bond filed by public warehouseman
1. Before a license is effective for a public warehouseman, the applicant for the license shall file a bond with the commissioner which must:
Terms Used In North Dakota Code 4.1-58-11
- Commissioner: means the agriculture commissioner or the designee or authorized representative of the commissioner. See North Dakota Code 4.1-01-01
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Individual: means a human being. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. 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
- year: means twelve consecutive months. See North Dakota Code 1-01-33
a. Be in a sum not less than one hundred thousand dollars for any one warehouse. b. Be continuous, unless the corporate surety by certified mail notifies the licensee and the commissioner the surety bond will be canceled ninety days after receipt of the notice of cancellation.
c. Run to this state for the benefit of all persons storing or selling grain in that warehouse.
d. Be conditioned:
(1) For the faithful performance of the licensee’s duties as a public warehouseman.
(2) For compliance with the provisions of law and the rules of the commissioner relating to the storage and purchase of grain by the warehouseman.
e. Specify the location of each public warehouse intended to be covered by the bond.
f. Be for the specific purpose of:
(1) Protecting the holders of outstanding receipts.
(2) Covering the costs incurred by the commissioner in the administration of this chapter in the event of the licensee’s insolvency.
g. Not accrue to the benefit of any person entering a credit-sale contract with a public warehouseman.
2. The aggregate liability of the surety under a bond does not accumulate for each successive annual license renewal period during which the bond is in force but, for losses during an annual license renewal period, is limited in the aggregate to the bond amount stated or changed by appropriate endorsement or rider.
3. The commissioner shall set the amount of the bond and may require an increase in the amount of a bond as the commissioner deems necessary to accomplish the purposes of this section. The amount of the bond must be:
a. Based on the dollar value of the grain purchased; and
b. Calculated using the value of the amount of grain intended to be purchased by a new licensee during the first year of operation, or the three-year rolling annual average of the value of grain purchased at the time of license renewal.
4. The surety on the bond must be a corporate surety company, approved by the commissioner, and authorized to do business within the state. The commissioner may accept cash, a negotiable instrument, or a bond executed by personal sureties in lieu of a surety bond if, in the commissioner’s judgment, the cash, negotiable instrument, or personal surety bond properly will protect the holders of outstanding receipts.
5. One bond only may be given for a line of elevators, mills, or warehouses, owned, controlled, or operated by one individual, firm, corporation, or limited liability company, and the bond must be construed to cover the elevators, mills, or warehouses, as a whole and not a specific amount for each.