§ 43-23.1-06 — Application for registration

North Dakota § 43-23.1-06

• Jurisdiction: North Dakota
• Title 43: Occupations and Professions
• Ch. 43-23.1: Subdivided Lands Disposition Act

Text

1. The application for registration of subdivided lands shall be filed as prescribed by the
commission and shall contain the following documents and information:
a. An irrevocable appointment of the commission to receive service of any lawful
process in any noncriminal proceeding arising under this chapter against the
applicant or the applicant's personal representative.
b. A legal description of the subdivided lands offered for registration, together with a
map showing the division proposed or made, the dimensions of the lots, parcels,
units, or interests, and the relation of the subdivided lands to existing streets,
roads, waterways, schools, churches, shopping centers, public transportation
facilities, and other offsite improvements.
c. The states or jurisdictions in which an application for registration or similar
document has been filed, and any adverse order, judgment, or decree entered in
connection with the subdivided lands by the regulatory authorities in each
jurisdiction or by any court.
d. The applicant's name, address, and the form, date, and jurisdiction of
organization; and the address of each of its offices in this state.
e. The name, address, and principal occupation for the past five years of every
director and officer of the applicant or person occupying a similar status or
performing similar functions; the extent and nature of that person's interest in the
applicant or the subdivided lands as of a specified date within thirty days of the
filing of the application.
f. A statement, in a form acceptable to the commission, of the condition of the title
to the subdivided lands including encumbrances as of a specified date within
thirty days of the date of application by a title opinion of a licensed attorney, not a
salaried employee, officer, or director of the applicant or owner, or by other
evidence of title acceptable to the commission.
g. Copies of the instruments which will be delivered to a purchaser to evidence the
purchaser's interest in the subdivided lands and of the contracts and other
agreements which a purchaser will be required to agree to or sign.
h. Copies of the instruments by which the interest in the subdivided lands was
acquired and a statement of any lien or encumbrance upon the title and copies of
the instruments creating the lien or encumbrance, if any, with data as to
recording.
i. If there is a lien or encumbrance affecting more than one lot, parcel, unit, or
interest, a statement of the consequences for a purchaser of failure to discharge
the lien or encumbrance and the steps, if any, taken to protect the purchaser in
case of this eventuality.
j. Copies of instruments creating easements, restrictions, or other encumbrances
affecting the subdivided lands.

k. A statement of the zoning and other governmental regulations affecting the use of
the subdivided lands and also of any existing tax and existing or proposed special
taxes or assessments which affect the subdivided lands.
l. A statement of the existing provisions for legal and physical access or, if none
exists, a statement to that effect; a statement of the existing or proposed
provisions for sewage disposal, water, and other public utilities in the subdivision;
a statement of the improvements to be installed, the schedule for their
completion, and a statement as to the provisions for improvement maintenance.
m. A narrative description of the promotional plan for the disposition of the
subdivided lands, including the range of selling prices or rents at which it is
proposed to dispose of the lots in the subdivision, together with copies of all
advertising material which has been prepared for public distribution by any means
of communication.
n. A copy of its articles of incorporation, with all amendments thereto, if the
subdivider is a corporation; copies of its articles of organization, with all
amendments thereto, if the subdivider is a limited liability company; copies of all
instruments by which the trust is created or declared, if the subdivider is a trust;
copies of its articles of partnership or association and all other papers pertaining
to its organization, if the subdivider is a partnership, unincorporated association,
or any other legal or commercial entity; and if the purported holder of legal title is
a person other than the subdivider, copies of the above documents for such
person.
o. The proposed public offering statement.
p. Such current financial statements, certified or otherwise, as the commission may
require.
q. Such other information and such other documents and certifications as the
commission may require as being reasonably necessary or appropriate for the
protection of purchasers.
2. If the subdivider registers additional subdivided lands to be offered for disposition, the
subdivider may consolidate the subsequent registration with any earlier registration
offering subdivided lands for disposition under the same promotional plan.
3. The subdivider shall immediately report any material changes in the information
contained in an application for registration.