§ 10-34-04 — Compliance with title - Registered office - Registered agent (Contingent effective date - See note)

North Dakota § 10-34-04

• Jurisdiction: North Dakota
• Title 10: Corporations
• Ch. 10-34: Real Estate Investment Trusts

Text

effective date - See note)
1. A real estate investment trust may not do business in this state until it complies with
this title.
2. Each real estate investment trust shall continuously maintain a registered agent as
provided by chapter 10-01.1, and if a noncommercial registered agent, then the
address of that noncommercial registered agent in this state.
3. A domestic or foreign real estate investment trust shall register with the secretary of
state by submitting an application signed by a trustee which includes:
a. The name of the real estate investment trust which may not be the same or
deceptively similar to the name of any other real estate investment trust
registered with the secretary of state, or any corporation, limited liability company,
limited partnership, limited liability partnership, or any name that is in some
manner reserved with the secretary of state, that is a fictitious trade name
registered as provided in chapter 45-11, or that is a trade name registered as
provided in chapter 47-25 unless there is filed with the secretary of state a written
consent of the holder of the similar trade name to use the name proposed by the
real estate investment trust. The name may not contain the word "corporation",
"company", "incorporated", "limited liability company", or any abbreviation of
these words.
b. The state and date of its formation.
c. The name, address, and principal place of business of each trustee and officer.
d. The name of its registered agent as provided in chapter 10-01.1 and, if a
noncommercial registered agent, then the address of that noncommercial
registered agent in this state.
e. The address of the principal place of business.

f. A statement that the secretary of state is appointed the agent of the real estate
investment trust for service of process as provided in section 10-01.1-13.
4. If the secretary of state finds that an application for registration of a real estate
investment trust conforms to law and all fees have been paid, the secretary of state
shall:
a. Endorse on the application the word "filed", and the month, day, and year of the
filing.
b. File the application in the office of the secretary of state.
5. A real estate investment trust may change its registered office, change its registered
agent, or state a change in the name of its registered agent as provided in chapter
10-01.1.
6. A registered agent of a real estate investment trust may resign as provided in chapter
10-01.1.
7. If any statement in the application was false when made or any arrangements or other
facts described have changed, making the application inaccurate in any respect, the
real estate investment trust shall file promptly with the secretary of state an application
for an amended application executed by an authorized person correcting the
statement. If only a change of address of the principal place of business is required, an
amended application need not be filed; however, the change of address of the
principal place of business must be submitted in writing to the secretary of state
without a filing fee.
8. The secretary of state may revoke the registration of a domestic or foreign real estate
investment trust for failure to maintain a registered office or a registered agent as
required by this chapter and chapter 10-01.1. Before revoking the registration, the
secretary of state shall give not less than sixty days' notice by mail addressed to the
last registered agent at the last registered office, or to the principal office of record of a
foreign real estate investment trust of the deficiency.
Compliance with title - Registered office - Registered agent. (Contingent effective
date - See note)
1. A real estate investment trust may not do business in this state until it complies with
this title.
2. Each real estate investment trust shall continuously maintain a registered agent as
provided by chapter 10-01.1, and if a noncommercial registered agent, then the
address of that noncommercial registered agent in this state.
3. A domestic or foreign real estate investment trust shall register with the secretary of
state by submitting an application signed by a trustee which includes:
a. The name of the real estate investment trust which must be distinguishable in the
records of the secretary of state from the name of another real estate investment
trust registered with the secretary of state, or a corporation, limited liability
company, limited partnership, limited liability partnership, limited liability limited
partnership, or a name that is in some manner reserved with the secretary of
state, is a fictitious trade name registered as provided in chapter 45-11, is a trade
name registered as provided in chapter 47-25, or is a trademark or service mark
registered as provided in chapter 47-22, unless a written consent of the holder of
the indistinguishable trade name to use the name proposed by the real estate
investment trust is filed with the secretary of state. The name may not contain the
word "corporation", "company", "incorporated", "limited liability company", or an
abbreviation of these words. The secretary of state shall determine whether a
name is distinguishable in the secretary of state's records and may adopt rules
reasonable or necessary for making these determinations.
b. The state and date of its formation.
c. The name, address, and principal place of business of each trustee and officer.
d. The name of its registered agent as provided in chapter 10-01.1 and, if a
noncommercial registered agent, then the address of that noncommercial
registered agent in this state.
e. The address of the principal place of business.

f. A statement that the secretary of state is appointed the agent of the real estate
investment trust for service of process as provided in section 10-01.1-13.
4. If the secretary of state finds that an application for registration of a real estate
investment trust conforms to law and all fees have been paid, the secretary of state
shall:
a. Endorse on the application the word "filed", and the month, day, and year of the
filing.
b. File the application in the office of the secretary of state.
5. A real estate investment trust may change its registered office, change its registered
agent, or state a change in the name of its registered agent as provided in chapter
10-01.1.
6. A registered agent of a real estate investment trust may resign as provided in chapter
10-01.1.
7. If any statement in the application was false when made or any arrangements or other
facts described have changed, making the application inaccurate in any respect, the
real estate investment trust shall file promptly with the secretary of state an application
for an amended application executed by an authorized person correcting the
statement. If only a change of address of the principal place of business is required, an
amended application need not be filed; however, the change of address of the
principal place of business must be submitted in writing to the secretary of state
without a filing fee.
8. The secretary of state may revoke the registration of a domestic or foreign real estate
investment trust for failure to maintain a registered office or a registered agent as
required by this chapter and chapter 10-01.1. Before revoking the registration, the
secretary of state shall give not less than sixty days' notice by mail addressed to the
last registered agent at the last registered office, or to the principal office of record of a
foreign real estate investment trust of the deficiency.