N.D. Cent. Code § 54-09-04

Current through 2023 Legislative Sessions

Section 54-09-04 - Fees

The secretary of state shall charge and collect the following fees:

1. For a copy of any law, resolution, record, or other document or paper on file in the secretary of state's office, fifty cents per page.

2. Unless otherwise provided by law, for affixing the signature of the secretary of state, certificate, or seal, or combination thereof to any document, ten dollars.

3. For filing a certificate of appointment of attorney, five dollars.

4. For searching records and archives of the state, five dollars. For the purposes of this section, a search of records conducted by the secretary of state for which a fee must be collected includes the following:

a. A search of a filed document that is active or archived, an archived index, or an index of business name changes to identify specific information to satisfy a request;

b. A search of any record for which written verification of the facts of the search is required; and

c. For every search of records when the request for the search is contained in a list compiled by the requester.

The secretary of state may provide, at no charge, information from publications or reference materials published or maintained by the secretary of state and verbal confirmation of any element of information maintained in a computer database.

5. For filing any paper not otherwise provided for, ten dollars.

6. For filing any process, notice, or demand for service, the fee provided in section 10-01.1-03.

7. For preparing any listing or compilation of any information recorded or filed in the office of the secretary of state, forty dollars for each record type requested. Unless otherwise agreed to by the secretary of state, the information must be provided in an electronic format. If provided in a paper format, an additional fee of fifty cents per page may be charged.

An individual required to file an oath of office with the secretary of state may not be charged for filing the oath of office, nor may a state or county officer be charged for filing any document with the secretary of state when acting in the officer's official capacity. All fees when collected must be paid by the secretary of state into the state treasury at the end of each month and placed to the credit of the state. Unless otherwise provided by law, the secretary of state shall retain a handling charge from filing fees tendered when a document submitted to the secretary of state under any law is rejected and not perfected. The handling charge is five dollars or fifty percent of the filing fee, whichever is greater, but may not exceed one hundred dollars.

If, upon due presentment, any check, draft, money order, or other form of lawful payment provisionally accepted in payment of any filing fee authorized to be charged and collected by the secretary of state, is not honored or paid, or if no lawful form of payment accompanies the filing, any record of credit or payment must be canceled or reversed as though no credit had been given or payment attempted and the filing or action is void. The secretary of state may return to the last-known address of the filer any record or document that was attempted to be filed or may retain as unfiled the record or document for a reasonable time to permit proper payment and filing.

This section does not apply to fees submitted for filing in, or information obtained from, the computerized central notice system, to the computerized Uniform Commercial Code central filing database, or to the computerized statutory liens database.

N.D.C.C. § 54-09-04

Amended by S.L. 2017, ch. 2 (HB 1002),§ 6, eff. 7/1/2017.

Amended by S.L. 2013, ch. 402 (HB 1340),§ 3, eff. 7/1/2013.

Amended by S.L. 2011, ch. 393 (HB 1355),§ 4, eff. 7/1/2011.