§ 43-55-03 — Licensing requirements

1. A person may not provide, advertise, or otherwise hold itself out as providing
professional employer services, unless the person is licensed under this chapter. A
person engaged in the business of providing professional employer services shall
obtain a license regardless of its use of the term or conducting business as a
"professional employer organization", "staff leasing company", "registered staff leasing
company", "employee leasing company", "administrative employer", or any other
name.
2. Each applicant for licensure shall provide the secretary of state with the following
information:
a. The name of the professional employer organization and any name under which
the professional employer organization intends to conduct business in this state.

b. The designation of organization of the applicant whether domestic or foreign; a
corporation, limited liability company, general partnership, limited partnership,
limited liability partnership, limited liability limited partnership, sole proprietor, or
any other person subject to a governing statute; and the jurisdiction of origin of
the organization.
c. The address of the principal place of business of the professional employer
organization and the address of each office it maintains in this state.
d. The date of the end of the applicant's fiscal year.
e. A list of jurisdictions in which the professional employer organization has
operated in the preceding five years, including any alternative names, names of
predecessors, and, if known, successor business entities.
f. A statement of ownership, which must include the name and address of any
person that owns or controls twenty-five percent or more of the equity interests of
the professional employer organization.
g. A statement of management, which must include the name and address of any
individual who serves as president, chief executive officer, or otherwise has the
authority to act as a senior executive officer of the professional employer
organization.
h. A bond as provided under section 43-55-05.
i. A copy of the employer's quarterly contribution and wage report to job service
North Dakota for the quarter ending immediately before the date submitted to the
secretary of state. A professional employer organization that has not filed an
employer's quarterly contribution and wage report with job service North Dakota
shall submit a bond in the amount as provided under section 43-55-05.
3. A license issued under this section is valid for one year and may be renewed within
sixty days before the expiration of the license by submitting to the secretary of state:
a. The information required in subsection 2;
b. The license fee provided in section 43-55-04; and
c. A bond as provided under section 43-55-05.
4. A person applying for licensure or a renewal of licensure shall maintain continuously its
organization's applicable records current and in good standing as otherwise required
by law.
5. The secretary of state shall maintain a list of professional employer organizations
licensed under this chapter.