A close corporation which was formed in accordance with former Sections 10-2A-90 through 10-2A-96 must have been authorized by the affirmative vote of all holders of and subscribers to shares of the corporation, and: (1) The certificate of formation contains a heading stating the name of the corporation and that it is a close corporation; and (2) The certificate of formation contains the provisions required by Section 10A-30-2.02; and (3) Each certificate for shares conspicuously notes the fact that the corporation is a close corporation and make reference to the restriction on transfer of shares set forth in the certificate of formation.
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