North Dakota Code 10-32.1-87 – Secretary of state – Liability for inaccurate information in a filed record
1. If a record filed with the secretary of state under this chapter contains inaccurate information, then a person that suffers a loss by reliance on the information may recover damages for the loss from:
Terms Used In North Dakota Code 10-32.1-87
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
a. A person that signed the record, or caused another to sign it on behalf of the person, and knew the information to be inaccurate at the time the record was signed; and
b. Subject to subsection 2, a member of a member-managed limited liability company or the manager of a manager-managed limited liability company, if:
(1) The record was filed with the secretary of state on behalf of the company; and (2) The member or manager had notice of the inaccuracy for a reasonably sufficient time before the information was relied upon so that, before the reliance, the member or manager reasonably could have:
(a) Effected an amendment under section 10-32.1-21; (b) Filed a petition under section 10-32.1-22; or
(c) Filed a statement of correction under section 10-32.1-88.
2. To the extent that the operating agreement of a member-managed limited liability company expressly relieves a member of responsibility for maintaining the accuracy of information contained in records filed with the secretary of state under this chapter and imposes that responsibility on one or more other members, the liability stated in subdivision b of subsection 1, applies to those other members and not to the member that the operating agreement relieves of the responsibility.
3. An individual who signs a record authorized or required to be filed under this chapter affirms under penalty of perjury that the information stated in the record is accurate.