North Dakota Code 10-19.1-143 – Foreign corporation – Transactions not constituting transacting business
1. The following activities of a foreign corporation, among others, do not constitute transacting business within the meaning of this chapter:
Terms Used In North Dakota Code 10-19.1-143
- 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.
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Personal property: All property that is not real property.
- Personal property: includes money, goods, chattels, things in action, and evidences of debt. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Service of process: The service of writs or summonses to the appropriate party.
- 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
a. Maintaining, defending, or settling any proceeding; b. Holding meetings of its shareholders or carrying on any other activities concerning its internal activities; c. Maintaining bank accounts; d. Maintaining offices or agencies for the transfer, exchange, and registration of the foreign corporation’s own securities or maintaining trustees or depositories with respect to those securities; e. Selling through independent contractors; f. Soliciting or obtaining orders, whether by mail or through employees, agents, or otherwise, if the orders require acceptance outside this state before they become contracts; g. Creating or acquiring indebtedness, mortgages, and security interest in real or personal property; h. Securing or collecting debts or enforcing mortgages and security interests in property securing the debts; or
i. Conducting an isolated transaction that is completed within thirty days and that is not one in the course of repeated transactions of a like manner.
2. The term “transacting business” as used in this section has no effect on personal jurisdiction under the North Dakota Rules of Civil Procedure.
3. For purposes of this section, any foreign corporation that owns income-producing real or tangible personal property in this state, other than property exempted under subsection 1, will be considered transacting business in this state.
4. The list of activities in subsection 1 is not exhaustive. This section does not apply in determining the contracts or activities that may subject a foreign corporation to service of process or taxation in this state or to regulation under any other law of this state.