Legislative Assembly SENATE BILL NO. 2111
of North Dakota
(At the request of the Department of Transportation)
1 A BILL for an Act to amend and reenact section 39-05-09 of the North Dakota Century Code,
2 relating to certificate of title to be allowed in electronic form.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 39-05-09 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 39-05-09. Issuance, contents, delivery, and term of certificate.
7 1. After checking the application for a certificate as provided in section 39-05-08 and
8 except as provided in subsection 4, the department, if it is satisfied that the applicant is
9 the person entitled to the possession of the vehicle, shall issue a certificate of title in
10 paper or electronic form, which must contain:
11 a. The name of the owner.
12 b. The vehicle identification number.
13 c. The signature of the director.
14 d. The date issued.
15 e. A description of the vehicle as determined by the department.
16 f. A statement of the owner's title and of all liens or encumbrances upon the vehicle
17 therein described and whether possession is held by the owner or lienholder.
18 2. Upon the reverse side of such certificate must be contained formsForms must be
19 made available on the reverse side of the paper version or electronically for the
20 assignment of title or interest and warranty thereof by the owner with a space for the
21 notation of liens and encumbrances upon such vehicle at the time of a transfer.
22 3. The amount of any lien or encumbrance upon the vehicle need not be shown
23 anywhere on the certificate of title, only the fact of such lien or encumbrance, and the
24 identity of the lienholder or encumbrancer. The department shall deliver the certificate
Page No. 1 23.8127.01000
1 of title to the owner or first lienholder. The certificate is good for the life of the vehicle
2 as long as the vehicle is owned or held by the original holder of the certificate.
3 4. The department may not issue a certificate of title for a manufactured home with
4 respect to which there has been recorded an affidavit of affixation under section
6 5. The holder of a manufacturer's certificate of origin to a manufactured home may
7 deliver it to a person to facilitate conveying or encumbering the manufactured home. A
8 person receiving a manufacturer's certificate of origin so delivered holds the certificate
9 in trust for the person delivering the certificate.
10 6. Notwithstanding any other provision of law, a certificate of title issued by the
11 department for a manufactured home is prima facie evidence of the facts appearing on
12 the certificate, notwithstanding that the manufactured home, at any time, becomes
13 affixed in any manner to real property.
Page No. 2 23.8127.01000Statutes affected: