Current through the 2023 Legislative Sessions
Section 26.1-34.2-01 - ExemptionsUnless otherwise specifically included, this chapter does not apply to recommendations involving:
1. Direct response solicitations if there is no recommendation based on information collected from the consumer pursuant to this chapter; and2. Contracts used to fund: a. An employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act;b. A plan described by section 401(a), 401(k), 403(b), 408(k), or 408(p) of the Internal Revenue Code, as amended, if established or maintained by an employer;c. A government or church plan defined in section 414 of the Internal Revenue Code, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax-exempt organization under section 457 of the Internal Revenue Code;d. A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor;e. Settlements of or assumptions of liabilities associated with personal injury litigation or a dispute or claim resolution process; orf. Formal prepaid funeral contracts.