North Dakota Century Code Title 6. Banks and Banking § 6-07.2-09. Payment of claims

a. Administration expenses, including compensation of each regular officer or employee of the receiver for the time actually devoted to the liquidation of the institution at an amount not to exceed the compensation paid to the officer or employee for the performance of the officer's or employee's regular duties; actual expenses of each regular officer and employee necessarily incurred in the performance of the officer's or employee's duties; compensation and expenses of any special representative, assistant, accountant, agent, or attorney employed by the receiver; court costs; and if the commissioner is acting as receiver, such reasonable general overhead expenses as may be incurred by the commissioner in the liquidation of the affairs of the institution which shall be ascertained, determined, and fixed by the commissioner.

b. Claims given priority under other provisions of state or federal law.

c. Deposit obligations, except that notwithstanding sections 6-03-67 and 41-04-31, if a depositor is indebted to an insolvent bank, the insolvent bank has a right to setoff against the depositor's account.

d. Other general liabilities.

e. Debt subordinated to the claims of depositors and general creditors.

f. Equity capital securities.

g. For credit unions and cooperative financial institutions, pro rata distribution to members computed based on the total amount in each member's deposit accounts as of the date of liquidation.