N.D. Cent. Code § 6-08.5-04
This is the official text of N.D. Cent. Code § 6-08.5-04, part of North Dakota’s Cent. Code — part of the compiled statutory law of North Dakota, published by the state as "Cent. Code." Browse the sections below, each linked to its official government source.
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6-08.5-04. Individuals who may be contacted regarding suspected financial exploitation - Immunity - Exemption from customer consent and notice provisions
Official statutory text
6-08.5-04. Individuals who may be contacted regarding suspected financial
exploitation - Immunity - Exemption from customer consent and notice provisions.
1. A financial service provider may offer to an eligible adult the opportunity to submit and
update periodically a list of individuals the eligible adult authorizes the financial service
provider to contact if the financial service provider has reasonable cause to suspect
the eligible adult is a victim or a target of financial exploitation.
2. Notwithstanding subsection 1, a financial service provider having a good faith belief to
suspect an eligible adult is the victim or target of financial exploitation may convey the
suspicion to one or more of the following individuals, provided the individual is not the
suspected perpetrator:
a. An individual on the list described in subsection 1.
b. A co-owner, additional authorized signatory, or beneficiary on the eligible adult's
account.
c. An attorney-in-fact, trustee, conservator, guardian, or other fiduciary who has
been selected or appointed to manage some or all of the financial affairs of the
eligible adult.
3. If a financial service provider provides information under this section, the financial
service provider may limit the information, such as disclosing only that the financial
service provider has reasonable cause to suspect the eligible adult may be a victim or
target of financial exploitation, without disclosing any other details or confidential
personal information regarding the financial affairs of the eligible adult.
4. The financial service provider may choose not to contact an individual on the list
provided under subsection 1, if the financial service provider suspects the individual is
engaged in financial exploitation.
5. The financial service provider may rely on information provided by the eligible adult in
compiling a list of contact individuals.
6. A financial service provider, or an employee, officer, or director of a financial service
provider, is immune from all criminal, civil, and administrative liability for contacting an
individual or electing not to contact an individual under this section and for actions
taken in furtherance of that determination if the determination is made based on a
good faith belief financial exploitation occurred, was attempted, or is being attempted.
7. Contact with an individual, and any information provided under this section, is exempt
from the customer consent provisions in sections 6-08.1-03 and 6-08.1-04.
exploitation - Immunity - Exemption from customer consent and notice provisions.
1. A financial service provider may offer to an eligible adult the opportunity to submit and
update periodically a list of individuals the eligible adult authorizes the financial service
provider to contact if the financial service provider has reasonable cause to suspect
the eligible adult is a victim or a target of financial exploitation.
2. Notwithstanding subsection 1, a financial service provider having a good faith belief to
suspect an eligible adult is the victim or target of financial exploitation may convey the
suspicion to one or more of the following individuals, provided the individual is not the
suspected perpetrator:
a. An individual on the list described in subsection 1.
b. A co-owner, additional authorized signatory, or beneficiary on the eligible adult's
account.
c. An attorney-in-fact, trustee, conservator, guardian, or other fiduciary who has
been selected or appointed to manage some or all of the financial affairs of the
eligible adult.
3. If a financial service provider provides information under this section, the financial
service provider may limit the information, such as disclosing only that the financial
service provider has reasonable cause to suspect the eligible adult may be a victim or
target of financial exploitation, without disclosing any other details or confidential
personal information regarding the financial affairs of the eligible adult.
4. The financial service provider may choose not to contact an individual on the list
provided under subsection 1, if the financial service provider suspects the individual is
engaged in financial exploitation.
5. The financial service provider may rely on information provided by the eligible adult in
compiling a list of contact individuals.
6. A financial service provider, or an employee, officer, or director of a financial service
provider, is immune from all criminal, civil, and administrative liability for contacting an
individual or electing not to contact an individual under this section and for actions
taken in furtherance of that determination if the determination is made based on a
good faith belief financial exploitation occurred, was attempted, or is being attempted.
7. Contact with an individual, and any information provided under this section, is exempt
from the customer consent provisions in sections 6-08.1-03 and 6-08.1-04.
Status: in_force · Read it on the official government site
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