N.D. Cent. Code § 10-06.1-17

10-06.1-17. Annual report - Farming or ranching corporations and farming or ranching

limited liability companies - Contents - Filing requirements.

1. Except for the first annual report, the annual report of a farming or ranching

corporation or a farming or ranching limited liability company engaged in the business

of farming or ranching must be delivered to the secretary of state before April sixteenth

of each year. The first annual report must be delivered before April sixteenth in the

year following the calendar year of the effective date of the articles of incorporation,

articles of organization, or certificate of authority.

2. The annual report must be signed as provided in subsection 58 of section 10-19.1-01 if

a farming or ranching corporation and subsection 49 of section 10-32.1-02 if a farming

or ranching limited liability company, and submitted on a form prescribed by the

secretary of state. If the corporation or limited liability company is in the hands of a

receiver or trustee, the annual report must be signed on behalf of the corporation or

limited liability company by the receiver or trustee.

3. An annual report of the farming or ranching corporation or the farming or ranching

limited liability company must include the following information with respect to the

preceding calendar year:

a. The name of the farming or ranching corporation or farming or ranching limited

liability company.

b. The name of the registered agent of the farming or ranching corporation or

farming or ranching limited liability company as provided in chapter 10-01.1 and,

if a noncommercial registered agent, the address of the registered office of the

corporation or limited liability company in this state.

c. With respect to each farming or ranching corporation:

(1) A statement of the aggregate number of shares the corporation has

authority to issue, itemized by classes, par value of shares, shares without

par value, and series, if any, within a class.

(2) A statement of the aggregate number of issued shares, itemized by classes,

par value of shares, shares without par value, and series, if any, within a

class.

d. With respect to each farming or ranching limited liability company:

(1) A statement of the aggregate number of membership interests the limited

liability company has authority to issue, itemized as designated under the

operating agreement.

(2) A statement of the aggregate number of issued membership interests,

itemized as designated under the operating agreement.

e. With respect to each shareholder or member:

(1) The name and address of each, including the names and addresses and

relationships of beneficiaries of trusts and estates which own shares or

membership interests;

(2) The number of shares or membership interests or percentage of shares or

membership interests owned by each;

(3) The relationship of each; and

(4) A statement of whether each is a citizen or permanent resident alien of the

United States.

f. With respect to management:

(1) If a farming or ranching corporation, the name and address of each officer

and member of the board of directors, and a statement of whether each is a

shareholder actively engaged in operating the farm or ranch; or
owned by each;

(3) The relationship of each; and

(4) A statement of whether each is a citizen or permanent resident alien of the

United States.

f. With respect to management:

(1) If a farming or ranching corporation, the name and address of each officer

and member of the board of directors, and a statement of whether each is a

shareholder actively engaged in operating the farm or ranch; or

(2) If a farming or ranching limited liability company, the name and address of

each manager, member of the board of governors, and member authorized

under a statement of authority, and a statement of whether each is a

member actively engaged in operating the farm or ranch.

g. A statement providing the land description and listing the acreage [hectarage] and

location listed by section, township, range, and county of all farmland or

ranchland owned or leased by the farming or ranching corporation or farming or

ranching limited liability company. The statement must also designate which, if

any, of the acreage [hectarage] is leased from or jointly owned with any

shareholder or member and list the name of the shareholder or member with that

acreage [hectarage].

h. A statement of the percentage of the annual average gross income of the farming

or ranching corporation or farming or ranching limited liability company which has

been derived from engaging in the business of farming or ranching over the

previous five years or for each year of existence if less than five years.

i. A statement of the percentage of gross income of the farming or ranching

corporation or farming or ranching limited liability company derived from nonfarm

rent, nonfarm royalties, dividends, interest, and annuities during the period

covered by the report.

4. A farming or ranching corporation engaged in the business of farming or ranching

which fails to file an annual report is subject to the penalties for failure to file an annual

report as provided in chapter 10-19.1, except that the penalties must be calculated

from the date of the report required under this section.

5. A farming or ranching limited liability company engaged in the business of farming or

ranching which fails to file an annual report is subject to the penalties for failure to file

an annual report as provided in chapter 10-32.1, except that the penalties must be

calculated from the date of the report required under this section.