BNCCORP, INC. AUDIT COMMITTEE CHARTER Name There will be a committee of the Board of Directors (the “Board”) of BNCCORP, Inc. to be known as the Audit Committee (the “Committee”). Committee Purpose The Committee is appointed by the Board to assist the Board in its oversight of: (i) the accounting and financial reporting processes of BNCCORP, Inc. and its subsidiaries (collectively, the “Company”), (ii) the integrity of the Company’s financial statements, (iii) the performance of the Company’s internal audit department and the internal audit process, (iv) the independence and performance of the Company’s independent auditors and the independent audit process, and (v) the compliance by the Company with legal and regulatory requirements. Committee Membership The Committee shall have at least three (3) members at all times. All of the members should be non-management directors of the Company, but the majority of members must be non-management directors. Committee membership should be determined based upon consideration of the independence, experience and financial literacy requirements of the Nasdaq Stock Market, Inc. (“Nasdaq”). Compliance with these requirements is recommended, not mandated. It is recommended, not mandated, at least one member will be an “audit committee financial expert” as defined by the Securities and Exchange Commission (the “SEC”) rulemaking. The Board shall appoint the members of the Committee ...