10-34-04. Compliance with title - Registered office - Registered agent.

1. A real estate investment trust may not do business in this state until it complies with this title.

2. Each real estate investment trust shall continuously maintain a registered agent as provided by chapter 10-01.1, and if a noncommercial registered agent, then the address of that noncommercial registered agent in this state.

3. A domestic or foreign real estate investment trust shall register with the secretary of state by submitting an application signed by a trustee which includes: a. The name of the real estate investment trust which must be distinguishable in the records of the secretary of state from the name of another real estate investment trust registered with the secretary of state, or a corporation, limited liability company, limited partnership, limited liability partnership, limited liability limited partnership, or a name that is in some manner reserved with the secretary of state, is a fictitious trade name registered as provided in chapter 45-11, is a trade name registered as provided in chapter 47-25, or is a trademark or service mark registered as provided in chapter 47-22, unless a written consent of the holder of the indistinguishable trade name to use the name proposed by the real estate investment trust is filed with the secretary of state. The name may not contain the word "corporation", "company", "incorporated", "limited liability company", or an abbreviation of these words. The secretary of state shall determine whether a name is distinguishable in the secretary of state's records and may adopt rules reasonable or necessary for making these determinations. b. The state and date of its formation. c. The name, address, and principal place of business of each trustee and officer. d. The name of its registered agent as provided in chapter 10-01.1 and, if a noncommercial registered agent, then the address of that noncommercial registered agent in this state.

1. e. The address of the principal place of business.
2. f. A statement that the secretary of state is appointed the agent of the real estate investment trust for service of process as provided in section 10-01.1-13.4. If the secretary of state finds that an application for registration of a real estate investment trust conforms to law and all fees have been paid, the secretary of state shall:- a. Endorse on the application the word 'filed', and the month, day, and year of the filing.
3. b. File the application in the office of the secretary of state.5. A real estate investment trust may change its registered office, change its registered agent, or state a change in the name of its registered agent as provided in chapter 10-01.1.6. A registered agent of a real estate investment trust may resign as provided in chapter 10-01.1.7. If any statement in the application was false when made or any arrangements or other facts described have changed, making the application inaccurate in any respect, the real estate investment trust shall file promptly with the secretary of state an application for an amended application executed by an authorized person correcting the statement. If only a change of address of the principal place of business is required, an amended application need not be filed; however, the change of address of the principal place of business must be submitted in writing to the secretary of state without a filing fee.8. The secretary of state may revoke the registration of a domestic or foreign real estate investment trust for failure to maintain a registered office or a registered agent as required by this chapter and chapter 10-01.1. Before revoking the registration, the secretary of state shall give not less than sixty days' notice by mail addressed to the last registered agent at the last registered office, or to the principal office of record of a foreign real estate investment trust of the deficiency.