Section 72-03-01-03 - Series disclosure - ForeignThe establishment of a series in an operating agreement must be disclosed to the secretary of state.
1. The foreign parent limited liability company promptly shall file a certificate of authority with the secretary of state that complies with subsection 13 of North Dakota Century Code section 10-32.1-102.a. If the series is established at the time of the filing of the certificate of authority of the parent limited liability company, the establishment, along with the name of each child series that will be transacting business in this state, must be disclosed in that certificate of authority.b. If the series is established any time after the filing of the certificate of authority of the parent limited liability company, the establishment, along with the name of each child series that will be transacting business in this state, must be disclosed promptly in an amended certificate of authority filed with the secretary of state in compliance with North Dakota Century Code section 10-32.1-77.2. A copy of the operating agreement may not be accepted by the secretary of state as a form of disclosure of the establishment of a series.N.D. Admin Code 72-03-01-03
Adopted by Administrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.General Authority: NDCC 10-32.1-102(14)
Law Implemented: NDCC 10-32.1-102