N.D. Cent. Code § 26.1-34.2-01: Exemptions

Unless otherwise specifically included, this chapter does not apply to recommendations involving:

1.Direct response solicitations if there is no recommendation based on information collected from the consumer pursuant to this chapter; and

2.Contracts used to fund:

a.An employee pension or welfare benefit plan that is covered by the Employee Retirement and Income Security Act;

b.A plan described by section 401(a), 401(k), 403(b), 408(k), or 408(p) of the Internal Revenue Code, as amended, if established or maintained by an employer;

c.A government or church plan defined in section 414 of the Internal Revenue Code, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax-exempt organization under section 457 of the Internal Revenue Code;

d.A nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor;

e.Settlements of or assumptions of liabilities associated with personal injury litigation or a dispute or claim resolution process; or

f.Formal prepaid funeral contracts.