1. For the purposes of this section: a. "Certified nonprofit development corporation" means a corporation organized under this chapter which meets the following requirements: (1) Is certified by the secretary of state under this section; (2) Invests a majority of its funds in primary sector businesses; and (3) No part of the income is distributable to its members, directors, or officers. b. "Primary sector business" has the meaning provided in section 1-01-49. 2. A corporation may apply to the secretary of state to become a certified nonprofit development corporation by submitting an application executed by an officer of the corporation containing: a. The name of the corporation and the address of its principal executive office; b. The names and addresses of the officers and directors of the corporation; and c. A statement that the corporation has adopted a resolution to invest a majority of membership payments, dues, or contributions received in primary sector businesses. A copy of the resolution must be submitted with the application to the secretary of state together with the fees provided in section 10-33-140. 3. Upon receipt by the secretary of state of the completed application and fee, the secretary of state shall certify the applicant as a certified nonprofit development corporation.
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