North Dakota Code 26.1-19-06 – Issuance of a certificate of authority
The commissioner shall issue a certificate of authority to any person filing an application within sixty days after the filing unless the commissioner notifies the applicant during that time that the application is not complete or sufficient and the reasons therefor, that payment of the fees required by section 26.1-19-15 has not been made, or that the commissioner is not satisfied that:
Terms Used In North Dakota Code 26.1-19-06
- 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
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
1. The basic organizational documents of the applicant, when combined with the powers enumerated in section 26.1-19-07, permit the applicant to conduct business as a legal services organization.
2. The organization has demonstrated the intent and ability to provide the services in a manner which ensures their availability and accessibility.
3. The organization is financially responsible and may be reasonably expected to meet its obligations to its enrolled participants. In making this determination the commissioner shall consider:
a. Any agreement with an insurer or any other organization paying, contracting to pay for, or in any way guaranteeing the provision of legal services under the plan.
b. Any agreement with the providers for the furnishing of legal services under the plan.
c. The adequacy of working capital.
d. Any surety bond or deposit of cash or securities as a guaranty that plan services will be performed.