North Dakota Administrative Code
Title 13 - Department of Financial Institutions
Article 13-03 - Credit Unions
Chapter 13-03-22 - Investment Activities
Section 13-03-22-11 - Broker-dealers

Universal Citation: ND Admin Code ยง 13-03-22-11

Current through Supplement No. 392, April, 2024

1. A credit union may purchase and sell investments through a broker-dealer as long as the broker-dealer is registered as a broker-dealer with the securities and exchange commission under the Securities Exchange Act of 1934 [ 15 U.S.C. 781 et seq.] or is a depository institution whose broker-dealer activities are regulated by a federal or state regulatory agency.

2. Before purchasing an investment through a broker-dealer, a credit union must analyze and annually update the following:

a. The background of any sales representative with whom the credit union is doing business;

b. Information available from state or federal securities regulators and securities industry self-regulatory organizations, such as the national association of securities dealers and the North American securities administrators association, about any enforcement actions against the broker-dealer, its affiliates, or associated personnel; and

c. If the broker-dealer is acting as the credit union's counterparty, the ability of the broker-dealer and its subsidiaries or affiliates to fulfill commitments, as evidenced by capital strength, liquidity, and operating results. The credit union should consider current financial data, annual reports, reports of nationally recognized statistical rating agencies, relevant disclosure documents, and other sources of financial information.

3. The requirements of subsection 1 do not apply when the credit union purchases a certificate of deposit or share certificate directly from a bank, credit union, or other depository institution.

General Authority: NDCC 6-01-04

Law Implemented: NDCC 6-06-06

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