N.D. Cent. Code § 6-05-15.1

6-05-15.1. Corporate trustee - Investment of trust funds - Commingling funds

Any trust company may invest all moneys received by it in authorized securities, and shall

be responsible to the owner or beneficiary of a trust for the validity, regularity, quality, value, and

genuineness of these investments and securities so made, and for the safekeeping of the

securities and evidences thereof. When special directions are given in any order, judgment,

decree, will, or other written instrument as to the particular manner or the particular class or kind

of securities or property in which any investment must be made, it shall follow such directions,

and in such case it is not further responsible by reason of the performance of such trust. In all

other cases it may invest funds held in any trust capacity in authorized securities using its best

judgment in the selection thereof, and shall be responsible for the validity, regularity, quality, and

value thereof at the time made, and for their safekeeping. Whether it be the sole trustee or one

of two or more cotrustees, it may invest in fractional parts of, as well as in whole, securities, or

may commingle funds for investment. If it invests in fractional parts of securities or commingles

funds for investment, all of the fractional parts of such securities, or the whole of the funds so

commingled must be owned and held by the trust company in its several trust capacities, and it

is liable for the administration thereof in all respects as though separately invested. Funds so

commingled for investment must be designated collectively as a common trust fund. It may, in

its discretion, retain and continue any investment and security or securities coming into its

possession in any fiduciary capacity. The foregoing applies as well whether a corporation

trustee is acting alone or with an individual cotrustee.