§ 10-29-01 — Stock and transfer books - Affidavit - Notice

Upon an affidavit made by the secretary of the corporation that the stock and transfer book
has been lost and that the names and addresses of the stockholders and the total number of
shares issued and outstanding are unknown, in whole or in part, or showing that the records of
stock ownership of the corporation are incomplete and that it is impossible or impracticable for
the corporation to function without a determination with respect thereto, the secretary of state
shall authorize the corporation to publish a notice to stockholders stating that on or before a
date specified, which shall not be less than six months from the date of the first publication of
said notice, all stockholders of the corporation shall register their shares with the corporation at
an address stated in said notice. If the secretary of the corporation is unable to act or if unknown
or if the corporation has no secretary, any other officer or director of the corporation, or if there
is no officer or director, any stockholder may execute and furnish such affidavit, in which case
the affidavit shall state that the secretary of the corporation is unable to act, or that the secretary
is unknown, or that the corporation has no secretary.