North Dakota Code 10-32.1-85 – Secretary of state – Powers – Enforcement
1. The secretary of state has the power and authority reasonably necessary to efficiently administer this chapter and to perform the duties imposed thereby.
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Infraction | up to $1,000 |
Terms Used In North Dakota Code 10-32.1-85
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Individual: means a human being. See North Dakota Code 1-01-49
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- 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
2. Subject to the provisions of this chapter, the secretary of state may propound to any limited liability company, domestic or foreign, and to any manager, governor, or member thereof, such interrogatories as may be reasonably necessary and proper to ascertain whether the limited liability company has complied with all provisions of this chapter which are applicable to the limited liability company, the manager, the governor, or the member.
a. The interrogatories must be answered within thirty days after mailing or within any additional time as may be fixed by the secretary of state. The answers to such interrogatories must be full and complete and must be made in writing and under oath.
b. If the interrogatories are directed:
(1) To an individual, then they must be answered by that individual; or
(2) To a limited liability company, then they must be answered by the persons whom the management and conduct of the activities of the company are vested pursuant to section 10-32.1-39.
c. The secretary of state need not file any record to which such interrogatories relate until such interrogatories have been answered, and not then if the answers disclose that such record is not in conformity with the provisions of this chapter.
d. The secretary of state shall certify to the attorney general, for such action as the attorney general may deem appropriate, all interrogatories and answers thereto, which disclose a violation of any of the provisions of this chapter.
e. Each person who fails or refuses within the time provided by subdivision a of subsection 2 to answer truthfully and fully all interrogatories propounded to that person by the secretary of state is guilty of an infraction.
f. Interrogatories propounded by the secretary of state and the answers thereto are not open to public inspection. The secretary of state may not disclose any facts or information obtained from the interrogatories or answers except insofar as may be permitted by law or insofar as is required for evidence in any criminal proceedings or other action by this state.