N.D. Cent. Code § 10-06.1-17.1

10-06.1-17.1. Annual report - Authorized livestock farm corporations and authorized

livestock farm limited liability companies - Contents - Filing requirements.

1. Except for the first annual report, the annual report of an authorized livestock farm

corporation or authorized livestock farm limited liability company 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 defined in subsection 58 of section 10-19.1-01 if

an authorized livestock farm corporation and subsection 49 of section 10-32.1-02 if an

authorized livestock farm limited liability company and submitted on a form prescribed

by the secretary of state. If the authorized livestock farm corporation or authorized

livestock farm limited liability company is in the hands of a receiver or trustee, the

annual report must be signed on behalf of the authorized livestock farm corporation or

authorized livestock farm limited liability company by the receiver or trustee.

3. An annual report of the authorized livestock farm corporation or the authorized

livestock farm limited liability company must include the following information with

respect to the preceding calendar year:

a. The name of the authorized livestock farm corporation or authorized livestock

farm limited liability company.

b. The name of the registered agent of the authorized livestock farm corporation or

authorized livestock farm limited liability company as provided in chapter 10-01.1

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

the authorized livestock farm corporation or authorized livestock farm limited

liability company in this state.

c. With respect to each authorized livestock farm corporation:

(1) A statement of the aggregate number of shares the authorized livestock

farm 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 authorized livestock farm limited liability company:

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

authorized livestock farm 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;

(2) If a person other than an individual, the state of incorporation, organization,

or domicile;

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

membership interests of each;

(4) Each person's percentage of total shares entitled to vote, or membership

interests entitled to vote, and whether any voting agreement exists;

(5) Each person's percentage of total capital and financial interests;

(6) As to individuals, a statement of whether each is a citizen or permanent

resident alien of the United States;

(7) As to individuals, a statement of whether each will be actively engaged in

the business of farming or ranching; and

(8) As to a person other than an individual, a statement of whether the person,

and any controlling individual or organization of the person, is incorporated

or organized in the United States and one hundred percent of the stock or

interests is owned by citizens of the United States, permanent resident

aliens of the United States, or an authorized person under section

47-10.1-02.

f. With respect to management:
other than an individual, a statement of whether the person,

and any controlling individual or organization of the person, is incorporated

or organized in the United States and one hundred percent of the stock or

interests is owned by citizens of the United States, permanent resident

aliens of the United States, or an authorized person under section

47-10.1-02.

f. With respect to management:

(1) If an authorized livestock farm corporation, the names and addresses of the

officers and members of the board of directors, and a statement whether

each is actively engaged in the operation of the corporation; or

(2) If an authorized livestock farm limited liability company, the names and

addresses of the managers and members of the board of governors, and a

statement whether each is actively engaged in the operation of the limited

liability company.

g. A statement that the authorized livestock farm corporation or authorized livestock

farm limited liability company does not own, lease, or hold any interest in more

than one hundred sixty acres [64.75 hectares] of farmland or ranchland.

h. A statement providing the farmland or ranchland description and listing the

acreage [hectarage] and location listed by section, township, range, and county of

all farmland or ranchland in which the authorized livestock farm corporation or

authorized livestock farm limited liability company has an ownership, leasehold,

or other interest.

i. A statement that no shareholders or members hold a direct or indirect interest in

other authorized livestock farm corporations or authorized livestock farm limited

liability companies that in combination with the corporation or limited liability

company own, lease, or hold any interest in more than six hundred forty acres

[259 hectares] of farmland or ranchland. The interest disclosed under this

subdivision does not include the number of acres [hectares] of farmland or

ranchland directly owned or leased by shareholders or members who are

individuals, farming or ranching corporations, farming or ranching limited liability

companies, or partnerships that meet the requirements of subsection 2 of section

10-06.1-02.

j. A statement that the authorized livestock farm corporation or authorized livestock

farm limited liability company does not engage in the production of crops or the

grazing of livestock on farmland or ranchland.

k. The first date of livestock operations.

l. A statement of the percentage of the annual average gross income of the

authorized livestock farm corporation or authorized livestock farm limited liability

company which has been derived from authorized livestock farm operations over

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

m. A statement of the percentage of gross income of the authorized livestock farm

corporation or authorized livestock farm limited liability company derived from

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

period covered by the report.

4. An authorized livestock farm corporation engaged in authorized livestock farm

operations that 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 the penalties must be

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

5. An authorized livestock farm limited liability company engaged in authorized livestock

farm operations that 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 the penalties must be

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