§ 6-01-02 — Definitions

As used in this title, unless the context or subject matter otherwise requires:
1. "Association", "banking association", or "state banking association" means any
corporation organized under the laws of this state covering state banking associations,
and all corporations, limited liability companies, partnerships, firms, or associations
whose business in whole or in part consists of the taking of money on deposit, except
national banks, trust companies, and the Bank of North Dakota.
2. "Bank" means any national bank, national banking association, corporation, state
bank, cooperative financial institution, state banking association, or savings bank,
whether organized under the laws of this state or of the United States, engaged in the
business of banking.
3. "Bank holding company" means bank holding company as defined in 12 U.S.C.
1841(a)(1).
4. "Banking" means the business of receiving deposits, making loans, discounting
commercial paper, issuing drafts, traveler's checks, and similar instruments, handling
and making collections, cashing checks and drafts, and buying and selling exchange.
5. "Banking department" means the state department of financial institutions.
6. "Banking institution" means any bank, trust company, or bank and trust company
organized under the laws of this state.
7. "Branch" means a place of business where deposits are received, checks paid, or
money lent as a result of a bank that was merged into another bank pursuant to an
interstate merger.
8. "Commissioner" means the commissioner of financial institutions.
9. "Cooperative financial institution" means an institution without capital stock organized
under chapter 6-06.2 and operated for mutual purposes and without profit, and which
is subject by law to supervision and examination by the department and federal
authority which have supervision over such institutions.
10. "Corporate central credit union" means a credit union operated for the primary purpose
of serving corporate accounts. A credit union is deemed to be a corporate central
credit union when its total dollar amount of outstanding corporate loans plus corporate
share and deposit holdings is equal to or greater than seventy-five percent of its
outstanding loans plus share and deposit holdings.
11. "Credit union" means a cooperative, nonprofit association organized for the purposes
of encouraging thrift among its members, creating a source of credit at a fair and
reasonable rate of interest, and providing an opportunity for its members to improve
their economic and social condition.
12. "Derivative transaction" means derivative transaction as defined in 12 U.S.C. 84(b)(3).
13. "Electronic" means relating to technology having electrical, digital, magnetic, wireless,
optical, electromagnetic, or similar capabilities.
14. "Electronic communication" means any form of communication, not directly involving
the physical transmission of paper that creates a record that may be retained,
retrieved, and reviewed by a recipient of the communication and may be directly
reproduced in paper form by the recipient through an automated process.
15. "Electronic record" means a record created, generated, sent, communicated, received,
or stored by electronic means.
16. "Electronic signature" means an electronic sound, symbol, or process attached to or
logically associated with a record and signed or adopted by a person with the intent to
sign the record.
17. "Financial corporation" means all entities regulated by the department of financial
institutions, excluding financial institutions and credit unions.
18. "Financial institution" means any bank, industrial loan company, or savings and loan
association organized under the laws of this state or of the United States.

19. "Market value" means the highest price for which property can be sold in the open
market by a willing seller to a willing purchaser, neither acting upon compulsion and
both exercising reasonable judgment.
20. "Merger" or "merge" means the merging or consolidation of two or more banks
including the purchase of all or substantially all of the assets and assumption of
liabilities of a bank, facility, or branch.
21. "Mutual investment corporation" or "mutual savings corporation" means a corporation
organized to engage in the investment or savings business, but having no capital stock
or a nominal capital stock.
22. "National bank" or "national banking association" means an institution chartered by the
comptroller of the currency under the National Bank Act [12 U.S.C. 24].
23. "Record" means information that is inscribed on a tangible medium or that is stored in
an electronic or other medium and is retrievable in perceivable form.
24. "Technology service provider" includes any person that provides services to a financial
institution, financial corporation, or credit union, including: core processing; information
and transaction processing and settlement activities that support banking functions
such as lending, deposit-taking, funds transfer, fiduciary, or trading activities;
internet-related services; security monitoring; and system development and
maintenance.
25. "Tier 1, tier 2, and tier 3 capital" means those terms as set under title 12, Code of
Federal Regulations, part 325, in effect on August 1, 2011.
26. "Trust company" means any corporation formed for the purpose of transacting
business as an annuity, safe deposit, surety, or trust company.