§ 59-09-02 — (102) Scope

1. Except as provided in subsection 2, chapters 59-09, 59-10, 59-11, 59-12, 59-13,
59-14, 59-15, 59-16, 59-17, 59-18, and 59-19 apply to express trusts, whether
charitable or noncharitable and testamentary or inter vivos, and to trusts created
pursuant to a statute or a judgment or decree that requires the trust to be administered
in the manner of an express trust.
2. Chapters 59-09, 59-10, 59-11, 59-12, 59-13, 59-14, 59-15, 59-16, 59-17, 59-18, and
59-19 do not apply to:
a. A trust account established under a qualified tuition savings program pursuant to
section 6-09-38.
b. Trust accounts maintained on behalf of clients or customers by licensed service
professionals, including trust accounts maintained by attorneys pursuant to the
North Dakota Rules of Professional Conduct and by real estate brokers pursuant
to chapter 43-23.
c. An endowment care fund established by a cemetery authority pursuant to chapter
23-21.
d. Funds maintained by public bodies as defined by chapter 1-07 or other
governmental unit entities.
e. Trust funds held for a single business transaction or an escrow arrangement.
f. Trusts created by a depository agreement with a financial institution.
g. An account maintained under the North Dakota Uniform Transfers to Minors Act
as contained in chapter 47-24.1.
h. A fund maintained pursuant to court order in conjunction with a bankruptcy
proceeding or a business liquidation.
i. A voting trust described in chapter 10-19.1.
j. Funds maintained to manage proceeds from class actions.
k. A trust created solely to secure the performance of an obligation.
l. A trust created on behalf of a resident of a residential facility.
m. A trust managed by a nonprofit association for disabled individuals under
42 U.S.C. 1396p(d)(4), as in effect on the effective date of chapters 59-09, 59-10,
59-11, 59-12, 59-13, 59-14, 59-15, 59-16, 59-17, 59-18, and 59-19 and under the
rules adopted by the department of health and human services.
n. A resulting or constructive trust.