N.D. Cent. Code § 6-05-02

6-05-02. Compliance with chapter required - Penalty for noncompliance

No person, firm, company, copartnership, or corporation, either domestic or foreign, not

organized under this chapter nor subject to its provisions, except only national banking

corporations, state banks authorized under this chapter, state banks or trust companies

authorized to engage in trust activities under the laws of another state, their affiliates, bona fide

banking institution trade associations and their affiliates, and the Bank of North Dakota, may

make use of or display in connection with its business, in signs, letterheads, advertising, or in

any other way, such words as "trust", "trust company", or any other word or words of like import,

nor may any person or concern do or perform anything in the nature of the business of a trust

company until and unless such business is regularly organized and authorized under this

chapter. If any firm or corporation organized prior to July 1, 1931, has been granted a charter

permitting it to use any word, words, or title contrary to the intent of this section, and by reason

of its rights under such charter, the provisions of this section may not be enforced against it

during the life of such charter. However, no renewal charter may be granted to such person,

firm, or corporation permitting the continuance of the use of such word, words, or title contrary to

or in violation of this section. Any person, firm, or corporation which, by reason of an existing

charter right under any law or statute in effect prior to July 1, 1931, may be held by the courts

not to be affected by this section and which therefore refuses to comply with the provisions of

this section, during the period of noncompliance, shall display, prominently and continuously in

plain, legible, and clearly discernible lettering on all of its signs, stationery, circulars, and

advertising, and in all of its printed or written matter the following words and language: "NOT

UNDER THE SUPERVISION OF THE STATE BANKING BOARD OR THE COMMISSIONER

OF FINANCIAL INSTITUTIONS", and such language must be displayed thereon as prominently

as any other matter therein. Any person, firm, company, copartnership, or corporation, domestic

or foreign, violating any provision of this section, shall forfeit to the state one hundred dollars for

every day or part thereof during which such violation continues. In an action brought by the

commissioner or any aggrieved person, the court may issue an injunction restraining such

person, firm, company, copartnership, or corporation from further using such words, terms, or

phrases in violation of this section or from further transacting business in such a way or manner

as to lead the public to believe that its business is in whole or in part of the nature of a trust

company, or that it is under the supervision of the state banking board or the commissioner.

Upon written request, the commissioner may grant an exemption to this section if the

commissioner finds that use of the words "trust" or "trust company", or words of like import, are

not reasonably likely to cause confusion or lead the public to believe that the person requesting

the exemption is a trust company, banking institution trade association, or affiliate authorized

under this section or is conducting a business subject to the jurisdiction of the department. In

granting an exemption under this section, the commissioner may restrict or condition the

exemption and use of the name or word or the activities of an exempt person as the

commissioner considers appropriate to protect the public interest.