North Dakota § 6-05-16 - Indebtedness of directors - Prohibition and exception - Theft - Penalty

§ 6-05-16. Indebtedness of directors - Prohibition and exception - Theft - Penalty

Such corporation may not loan its funds, moneys, capital, trust funds, or any other property whatsoever to any director, officer, agent, or other employee thereof, nor may any such director, officer, agent, or other employee become in any manner indebted to said corporation by means of any overdraft, promissory note, account, endorsement, guaranty, or other contract whatsoever unless such indebtedness has been approved or authorized first by the board of directors, or an investment committee created by it, and such approval entered in the minutes of the proceedings of such board or committee. Any such director, agent, or employee who becomes indebted to said company, contrary to the provisions hereof, is guilty of the crime of theft to the amount of such indebtedness from the time such indebtedness was created and must be punished in the manner prescribed by section 12.1-23-05. The execution and delivery of the official bond of such officer, agent, or employee, or that person's endorsement of commercial paper, however, may not be considered as an indebtedness for the purpose of this section.