N.D. Cent. Code § 6-06-06

6-06-06. Powers of credit unions

A credit union has the following powers:

1. To receive the savings of its members either as payment on shares or as deposits,

including the right to conduct Christmas clubs, vacation clubs, and other such thrift

organizations within its membership.

2. To make loans to members.

3. To make loans to a cooperative society or other organization having membership in

the credit union.

4. To deposit its moneys in financial institutions, trust companies, credit unions, corporate

central credit unions, and the Bank of North Dakota authorized to receive deposits.

5. To invest in the following:

a. In bonds of the United States without limitation in securities issued as direct

obligations by the United States government or any agency thereof and in any

trust established for investing directly or collectively in such securities.

b. In bonds or evidences of debt of this state or in bonds of states of the United

States.

c. In bonds or certificates of indebtedness of any county, city, or school district in

this state, issued pursuant to authority of law, but not to exceed thirty percent of

the assets of any credit union may be invested in such bonds or certificates of

indebtedness.

d. In notes or bonds secured by mortgage or deed of trust upon unencumbered,

improved real estate in this state, if such investment does not exceed sixty-five

percent of the market value of the property mortgaged, and fire and tornado

insurance policies are maintained and deposited as collateral to such mortgage,

subject to such restriction and regulations as may be imposed by the state credit

union board.

e. In notes or bonds secured by a security interest or lien upon unencumbered

personal property, if the investment does not exceed ninety percent of the market

value of the property secured.

f. In first lien, public utility, industrial, corporation, or association bonds, notes, or

other evidences of debt issued by corporations located in the United States of

America to the extent authorized by the state credit union board.

g. Subject to rules of the state credit union board, in shares of investment

companies registered under the Investment Companies Act of 1940 and which

invest only in investments otherwise permissible under this section.

h. In investments or insurance products or in loans to the credit union employee

associated with the investment or insurance product which are otherwise

prohibited by this section if the investments are directly related to a benefit plan

for credit union employees.

6. To borrow money as limited in this chapter.

7. Subject to such regulations as the state credit union board may prescribe, insurance

obtained under title 1 of the National Housing Act must be deemed adequate security.

8. To sue and be sued.

9. A credit union may invest in a credit union office building, including the lot, piece, or

parcel of land on which the same is located, and in furniture and fixtures, to the extent

authorized by regulations issued by the state credit union board.

10. a. Every state credit union has the power to purchase, hold, and convey other real

estate as herein provided, and not otherwise:

(1) Such as is mortgaged to it in good faith by way of security for loans, or for

debts previously contracted.

(2) Such as is conveyed to it in good faith in satisfaction of debts previously

contracted in the course of its dealings.
he state credit union board.

10. a. Every state credit union has the power to purchase, hold, and convey other real

estate as herein provided, and not otherwise:

(1) Such as is mortgaged to it in good faith by way of security for loans, or for

debts previously contracted.

(2) Such as is conveyed to it in good faith in satisfaction of debts previously

contracted in the course of its dealings.

(3) Such as it purchases at sales under judgments, decrees, or mortgages held

by the credit union, or purchases to secure debts due to it.

b. Upon transfer to other real estate owned, a current appraisal must be conducted

by an individual who is independent of the transaction. Except as otherwise

provided by chapter 10-06.1, a state credit union may hold possession of any real

estate acquired under mortgage or title and possession of any real estate

purchased to satisfy indebtedness, for a period not to exceed five years. The

commissioner may extend the real estate holding period up to an additional five

years upon formal request by a credit union if the credit union has made a

good-faith attempt to dispose of the real estate within the five-year period, or

disposal within the five-year period would be detrimental to the credit union.

Within thirty days after receipt of an adverse decision, the credit union may

appeal that decision to the state credit union board.

c. Notwithstanding other sections of this chapter, a credit union may apply to the

commissioner for authority to exchange its interest in real property acquired in

satisfaction of a debt previously contracted for an interest in an entity that would

dispose of the real property. If the commissioner's decision with respect to an

application is unfavorable, the applicant credit union may appeal the decision to

the state credit union board by filing a notice of appeal with the commissioner

within twenty business days after the commissioner has notified the applicant

credit union of the decision.

11. Subject to authorization by the state credit union board, acting by order or rule, a state

credit union has the same powers as a federal credit union and may engage in any

activity in which a credit union could engage if the credit union were federally

chartered.

12. To exercise any incidental power necessary or requisite to enable the credit union to

carry out effectively the business for which it is incorporated or as determined by the

board by order or rule.