Out of state salespersons will need a North Dakota transient merchant bond in order to operate in the state if he or she offers any merchandise other than livestock or agricultural products. A “transient merchant” is defined by statute as any person or business entity who engages in or transacts any temporary or transient business in North Dakota, either in one locality, or in traveling from place to place in the state, selling, or soliciting orders for future delivery o goods, wares, merchandise, personal property, and personal services, who does not intend to become and does not become a permanent merchant in North Dakota. The North Dakota transient merchant bond must be delivered to the Attorney General’s Office along with the merchant’s application materials. The surety bond must be no less than one thousand dollars nor more than fifty thousand dollars and issued by a surety company authorized to transact business in the state of North Dakota. The North Dakota transient merchant bond must be conditioned that the applicant will in all things conform to the lawsrelating to transient merchants and further conditioned upon full compliance with all material oral or written statements and representations made by the merchant, his agents, representatives, or auctioneers with reference to merchandise sold or offered for sale, and on faithful performance under all warranties. The statute states that the North Dakota transient merchant bond may not be revocable nor terminate prior to passage of two years’ time after the expiration of the license issued pursuant thereto nor until due notice that the terms of the bond are to be canceled has been given to the attorney general, however the actual bond form clearly states within in the obligation that surety can be relieved of further liability on the surety bond by giving notice of cancellation to the attorney general by registered mail. North Dakota surety leader, Surety One, Inc. will offers transient merchant local and state license bonds to all applicants. We offer surety bonds in ALL fifty states. Visit us at SuretyOne.com, call (787) 333-0222 or (800) 373-2804, or email Underwriting@SuretyOne.com for a North Dakota transient merchant bond application or any information that y0u may need regarding surety bonds.
