N.D. Cent. Code § 6-07.1-04

6-07.1-04. Contest of liquidation

A state trust company, acting through a majority of its directors, managers, or managing

participants, may intervene in the action filed by the commissioner to challenge the

commissioner's closing of the state trust company and to enjoin the commissioner or other

receiver from liquidating its assets. The intervenors must file the intervention not later than the

second business day after the closing of the state trust company, excluding legal holidays. The

court may issue an ex parte order restraining the receiver from liquidating state trust company

assets pending a hearing on the injunction. The receiver shall comply with the restraining order

but may petition the court for permission to liquidate an asset as necessary to prevent its loss or

diminution pending the outcome of the injunction. The court shall hear this action as quickly as

possible and shall give it priority over other business. The state trust company or receiver may

appeal the court's judgment as in other civil cases, except that the receiver shall retain all state

trust company assets pending a final appellate court order even if the commissioner does not

prevail in the district court. If the commissioner prevails in the district court, liquidation of the

state trust company may proceed unless the district court or appellate court orders otherwise. If

liquidation is enjoined or stayed pending appeal, the district court retains jurisdiction to permit

liquidation of an asset as necessary to prevent its loss or diminution pending the outcome of the

appeal.