N.D.C.C. § 57-38-60.1 — Corporate officer liability

1. If a corporation is an employer and fails for any reason to file the required returns or to
pay the tax due, the president, vice president, secretary, or treasurer, jointly or
severally, charged with the responsibility of supervising the preparation of such returns
and payments is personally liable for such failure. The dissolution of a corporation
does not discharge an officer's liability for a prior failure of the corporation to file a
return or remit the tax due. The taxes, penalty, and interest may be assessed and
collected pursuant to the provisions of this chapter.
2. If the corporate officers elect not to be personally liable for the failure to file the
required returns or to pay the tax due, the corporation must be required to make a
cash deposit or post and maintain with the tax commissioner a bond or undertaking
executed by a surety company authorized to do business in this state. The cash
deposit, bond, or undertaking provided for in this section must be in an amount equal
to the estimated annual income tax withholding liability of the corporation.