§ 10-35-03 — Application and effect of chapter

1. This chapter applies only to a publicly traded corporation meeting the definition of a
"publicly traded corporation" in section 10-35-02 during such time as its articles state
that it is governed by this chapter.
2. The existence of a provision of this chapter does not of itself create any implication
that a contrary or different rule of law is or would be applicable to a corporation that is
not a publicly traded corporation. This chapter does not affect any statute or rule of law
as it applies to a corporation that is not a publicly traded corporation.
3. A provision of the articles or bylaws of a publicly traded corporation may not be
inconsistent with any provision of this chapter.
4. The computation of a percentage of shares owned beneficially or of record by a
person or group of persons for purposes of this chapter or chapter 10-19.1 shall be
based on the number of outstanding shares of the publicly traded corporation shown
most recently in a filing by the corporation with the commission under the Exchange
Act.