North Dakota Code 10-32.1-69 – Filings required for domestication – Effective date
1. After a plan of domestication is approved, a domesticating company shall file with the secretary of state articles of domestication, together with the fees provided under section 10-32.1-92, which articles of domestication must include:
Terms Used In North Dakota Code 10-32.1-69
- 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.
- 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
- 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
- Statute: A law passed by a legislature.
a. A statement, as the case may be, that the company has been domesticated from or into another jurisdiction; b. The name of the domesticating company and the jurisdiction of its governing statute; c. The name of the domesticated company and the jurisdiction of its governing statute; d. The date the domestication is effective under the governing statute of the domesticated company; e. If the domesticating company was a limited liability company, then a statement that the domestication was approved as required by this chapter; f. If the domesticating company was a foreign limited liability company, then a statement that the domestication was approved as required by the governing statute of the other jurisdiction; and
g. If the domesticated company was a foreign limited liability company not authorized to transact business in this state, then the address of an office that the secretary of state may use for the purposes of subsection 2 of section 10-32.1-70.
2. A domestication becomes effective:
a. When the articles of organization takes effect, if the domesticated company is a limited liability company; and
b. According to the governing statute of the domesticated company, if the domesticated organization is a foreign limited liability company.