Definitions
N.D. Cent. Code § 57-38.5-01
in effect57-38.5-01. Definitions
As used in this chapter, unless the context otherwise requires:
1. "Director" means the director of the department of commerce division of economic
development and finance.
2. "Passthrough entity" has the same meaning as in section 57-38-01.
3. "Primary sector business" has the meaning provided in section 1-01-49 but does not
include an agricultural commodity processing facility as defined under section
57-38.6-01.
4. "Qualified business" means a business other than a real estate investment trust which
is a primary sector business that:
a. Is incorporated or its satellite operation is incorporated as a for-profit corporation,
passthrough entity, or joint venture;
b. Is in compliance with the requirements for filings with the insurance commissioner
under the securities laws of this state;
c. Has North Dakota residents as a majority of its employees in the North Dakota
principal office or the North Dakota satellite operation;
d. Has its principal office in this state and has the majority of its business activity
performed in this state, except sales activity, or has a significant operation in
North Dakota that has or is projected to have more than ten employees or one
hundred fifty thousand dollars of sales annually; and
e. Relies on innovation, research, or the development of new products and
processes in its plans for growth and profitability.
5. "Taxpayer" means an individual, estate, or trust or a corporation, passthrough entity, or
an angel fund. The term does not include a real estate investment trust.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t57c38-5.pdf#nameddest=57-38p5-01Fetched: 10/16/2026