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Current as of January 01, 2024 | Updated by Findlaw Staff
1. Upon the insolvency of a warehouseman, a trust fund must be established:
a. For the benefit of noncredit-sale receiptholders of the insolvent warehouseman, other than those that have waived their rights as beneficiaries of the trust fund in accordance with section 4.1-58-15; and
b. To pay the costs incurred by the commissioner in the administration of this chapter.
2. The trust fund consists of the following:
a. The grain in the warehouse of the insolvent warehouseman or the proceeds as obtained through the sale of the grain;
b. The proceeds, including accounts receivable, from any grain sold from the time of the filing of the claim that precipitated an insolvency until the commissioner is appointed trustee;
c. The proceeds of insurance policies upon grain destroyed in the elevator;
d. The claims for relief, and proceeds from the claims for relief, for damages upon any bond given by the warehouseman to ensure faithful performance of the duties of a warehouseman;
e. The claims for relief, and proceeds from the claims for relief, for the conversion of any grain stored in the warehouse;
f. Unencumbered accounts receivable for grain sold before the filing of the claim that precipitated an insolvency;
g. Unencumbered equity in grain hedging accounts; and
h. Unencumbered grain product assets.
3. Upon the insolvency of a warehouseman, the commissioner shall act as trustee of the trust fund.
Cite this article: FindLaw.com - North Dakota Century Code Title 4.1. Agriculture § 4.1-58-45. Trust fund established--Trustee - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-4-1-agriculture/nd-cent-code-sect-4-1-58-45/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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