Frequently Asked Questions - Banks and Trusts

We only regulate banks and trust companies chartered by our Department.  However, banks can also be chartered by the Office of the Comptroller of the Currency, commonly referred to as the OCC.  If you are not sure whether your bank is a state- or nationally-chartered bank, there are a few indicators in the bank's name.  Many state-chartered banks have "State" in their corporate name, while a nationally-chartered bank will commonly have "National" or "N.A." in its corporate name, which would appear on your deposit statements or checks.  Refer to the Who We Regulate page of this website for a general description of which banks are supervised by our Department and the Bank Search and Trust Company Search pages for a list of specific institutions which we regulate.

Unclaimed property is administered by the Unclaimed Property Division of the State Land Department, in accordance with North Dakota Century Code Section 47-30.1-17.  Their unclaimed property search function can be used to determine if you have any unclaimed property which has been transferred to the state.

If the credit card issuer is not a North Dakota state-chartered bank, you may file a complaint with the Consumer Financial Protection Bureau.

Unclaimed property is administered by the Unclaimed Property Division of the State Land Department, in accordance with North Dakota Century Code Section 47-30.1-17.  Their Holder Reporting Manual includes guidance on dormancy periods and reporting requirements.

According to North Dakota Century Code Section 6-03-36, prior approval from the Commissioner or the State Banking Board is necessary to declare and pay a dividend when the proposed dividend exceeds the combined "net profits" of the bank from the current year plus the prior two years.  Banks may use our Dividend Worksheet to determine if prior approval is necessary.

According to North Dakota Century Code Section 6-03-08, upon transfer to OREO, a current appraisal of the property must be conducted by an individual who is independent of the transaction.  The appraisal does not have to be completed by a third-party certified appraiser, but it must be current and in writing, and the preparer must have appropriate independence.  The property should be carried on the bank's books at the lower of (1) cost or (2) the fair value of the asset less estimated selling costs.

According to North Dakota Century Code Section 6-03-09, the holding period for OREO is five years from the date of acquiring title.  A 'clean' title is generally obtained at the end of the redemption period if the property goes through a foreclosure process, or whenever full legal title is transferred to the bank.  The statute grants the Commissioner authority to provide an extension to hold the property beyond five years.  An Extension Request form is available for banks to request approval to hold a property beyond five years.

Simply stated, the legal lending limit is the maximum amount which a bank may lend to a single borrower, or group of inter-related borrowers if acting as a common enterprise.  The legal lending limit for banks varies by bank charter and by state.  For a North Dakota-chartered state bank, the total liability of a single borrower may not exceed 25 percent of the bank's Tier 1 Capital as reported in the most recent Call Report.  Total liability includes any direct, indirect, and contingent liability of the borrower as well as any liabilities of separate borrowers for which repayment is substantially from the same source.

No.  According to North Dakota Century Code Section 21-04-09, financial institutions may only pledge securities on behalf of a public corporation.   A public corporation generally includes a county, city, township, school district, or entity whose funding is derived from taxation, fees, penalties, sales of bonds, or from any other source which belong to a public corporation or the state.

North Dakota Century Code Section 21-04-09 defines the securities which are eligible for pledging to public corporation deposits.  In addition to this list of securities, in May 1988, the State Banking Board authorized financial institutions the ability to pledge general obligation municipal bonds from other states rated "A" or better, or revenue bonds if backed by an agency or instrumentality of the U.S. government.

North Dakota Century Code Section 6-03-02.4 requires a board to consist of not less than three nor more than 25 members, at least 2/3 of whom must be citizens of the United States.

Yes, staff of a bank may telework with some limitations.  Your telework location cannot be held open to the public as a place of business.  You are not able to meet with customers at this remote location without first applying for the location to be a branch.  Bank and staff are expected to follow best business practices to safeguard both digital data and hard copy data.  Typically, this will include, in part, the use of VPN connections, encryption, firewalls, and locking file cabinets.