AGO 80-025.

• Case Date: April 03, 1980
• Court: North Dakota

North Dakota Attorney General Opinions 1980. AGO 80-025. April 3, 1980 (OPINION) OPINION 80-25Mr. Byron KnutsonCommissioner North Dakota Insurance Department Capitol Building Bismarck, ND 58505Dear Mr. Knutson: This is in response to your letter of March 12, 1980, wherein you request an opinion of this office relative to filing requirements of a corporation formed and existing under the provisions of chapter 6-05 of the North Dakota Century Code. You submit the following in your letter of inquiry.

I respectfully request an opinion as to the filing requirements of a single corporation conducting two separate businesses regulated by two separate boards.

More particularly, a surety and trust corporation organized under the provisions of chapter 6-05 of the North Dakota Century Code is required to file an annual report with the Commissioner of Insurance under the provisions of section 6-05-22, North Dakota Century Code. Must that same corporation file duplicates with the Department of Banking and Financial Institutions and the Secretary of State as well?

You do not specify any particular factual situation giving rise to your inquiry nor do you state any factual matters which may be involved in any particular instance. For this reason, our response and opinion must be general in nature and would note that specific factual matters may alter any conclusion expressed herein. Initially we would note that a company organized and existing under the provisions of chapter 6-05 of the North Dakota Century Code, must make a filing in the office of the Commissioner of Insurance showing compliance with section 6-05-05 of the North Dakota Century Code. The same provides as follows:

6-05-22. DOMESTIC SURETY COMPANIES AND AGENTS MUST OBTAIN CERTIFICATE FROM COMMISSIONER OF INSURANCE. Every corporation organized under the laws of this state for the purpose, in whole or in part, of transacting the business of fidelity or corporate suretyship must comply with the provisions of this chapter and must pay the fees provided for under section 26-01-04. Upon the filing in the office of the Commissioner of Insurance by any such corporation of a certificate issued by the State Treasurer showing compliance with section 6-05-05, together with a certified copy of its articles of incorporation and the payment of the proper fee therefor, the

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