1.    A person knows a fact when the person:

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Terms Used In North Dakota Code 10-32.1-04

  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

a.    Has actual knowledge of it; or

b.    Is deemed to know it under subdivision a of subsection 4, or law other than this chapter.

2.    A person has notice of a fact when the person:

a.    Has reason to know the fact from all of the facts known to the person at the time in question; or

b.    Is deemed to have notice of the fact under subdivision b of subsection 4.

3.    A person notifies another of a fact by taking steps reasonably required to inform the other person in ordinary course, whether or not the other person knows the fact.

4.    A person that is not a member is deemed:

a.    To know of a limitation on authority to transfer real property as provided in subsection 7 of section 10-32.1-24; and

b.    To have notice of:

(1) The dissolution of a limited liability company, ninety days after a notice of dissolution under paragraph 1 of subdivision b of subsection 2 of section 10-32.1-51, becomes effective; (2) The termination of a limited liability company, ninety days after the articles of dissolution and termination under paragraph 6 of subdivision b of subsection 2 of section 10-32.1-51, becomes effective; and

(3) The merger, conversion, or domestication of a limited liability company, ninety days after the articles of merger, conversion, or domestication under sections 10-32.1-67 through 10-32.1-71 becomes effective.