{"data":{"id":"us-nd/n.d.-cent.-code-6-08.5-02","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 6-08.5-02","heading":"Eligible adult financial exploitation prevention - Duration of refusal or hold - Notification and reporting - Immunity","body":"1.If a financial service provider has a good faith belief to suspect financial exploitation occurred, was attempted, or is being attempted, the financial service provider may refuse a financial transaction or hold a financial transaction on an account:\na.Belonging to the eligible adult;\nb.On which the eligible adult is a beneficiary, including a trust, guardianship, or conservatorship account; or\nc.Belonging to a person suspected of perpetrating financial exploitation.\n2.A financial service provider may refuse a financial transaction or hold a financial transaction under this section if the department of health and human services or a law enforcement agency provides information to the financial service provider demonstrating it is reasonable to believe financial exploitation occurred, was attempted, or is being attempted.\n3.Subsection 2 does not require a financial service provider to refuse a financial transaction or hold a financial transaction if provided with information by the department of health and human services or a law enforcement agency alleging financial exploitation occurred, was attempted, or is being attempted. Except as ordered by a court, a financial service provider may determine whether to refuse a financial transaction or hold a financial transaction based on the information available to the financial service provider.\n4.A financial service provider refusing a financial transaction or holding a financial transaction based on a good faith belief to suspect financial exploitation occurred, was attempted, or is being attempted shall:\na.Except with regard to an account administered by a bank or trust company in a fiduciary capacity, make a reasonable effort to notify, orally or in writing, one or more parties authorized to transact business on the account; and\nb.Report the incident to the department of health and human services, if the incident involves financial exploitation of a vulnerable adult as defined in section 50-25.2-01.\n5.Notice under this section is not required to be provided to a party authorized to conduct business on the account if the party is the suspected perpetrator of financial exploitation.\n6.A financial service provider, or an employee, officer, or director of a financial service provider, is immune from all criminal, civil, and administrative liability:\na.For refusing or not refusing a financial transaction, or for holding or not holding a financial transaction under this section; or\nb.For actions taken in furtherance of the determination made under subdivision a, if the determination is based upon a good faith belief financial exploitation occurred, was attempted, or is being attempted.","path":["Title 6 Banks And Banking","Chapter 6-08.5 Financial Exploitation Prevention"],"source_url":"https://ndlegis.gov/cencode/t06c08-5.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"f9104a09167c6b0fab82f7aa3304a695eaf8cf8c2d79d7631bfc1a4f1c9a17e8","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-6-08.5-01","next":"us-nd/n.d.-cent.-code-6-08.5-03"},"notice":"GroundRules: Original legal text. Not legal advice."}