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Current as of January 01, 2024 | Updated by FindLaw Staff
A contract by which anyone is restrained from exercising a lawful profession, trade, or business of any kind is to that extent void, except:
1. A person that sells the goodwill of a business and the person's partners, members, or shareholders may agree with the buyer to refrain from carrying on a similar business within a reasonable geographic area and for a reasonable length of time, if the buyer or any person deriving title to the goodwill from the buyer carries on a like business in that area.
2. Partners, members, or shareholders, upon or in anticipation of a dissolution of a partnership, limited liability company, or corporation; upon or in anticipation of a dissociation of a partner or member; or as part of an agreement addressing the dissociation or sale of a partner, member, or shareholder's ownership interest, may agree that all or any number of them will not carry on a similar business within a reasonable geographic area where the partnership, limited liability company, or corporation business has been transacted, or within a specified part of the area.
Cite this article: FindLaw.com - North Dakota Century Code Title 9. Contracts and Obligations § 9-08-06. In restraint of business void--Exceptions - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-9-contracts-and-obligations/nd-cent-code-sect-9-08-06.html
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 or via Westlaw before relying on it for your legal needs.
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