North Dakota Code § 10-35-07

1. A publicly traded corporation may not require a shareholder or beneficial owner of 
shares to provide notice of an intention to nominate a candidate for election as a 
director except as provided in a provision of the articles or bylaws that satisfies the 
requirements of this section.
2. A provision of the articles or bylaws of a publicly traded corporation requiring a 
shareholder or beneficial owner to provide notice of an intention to nominate a 
candidate for election as a director may not require the notice to include more than:
a. The name of the shareholder or beneficial owner;
b. A statement that the shareholder or beneficial owner is the beneficial owner of 
one or more shares in the corporation and reasonable evidence of that 
ownership; and
c. The number of candidates the shareholder or beneficial owner intends to 
nominate.
3. Any deadline fixed by the articles or bylaws for submission by a shareholder or 
beneficial owner of a notice of intention to nominate a candidate for election as a 
director may not be earlier than:
a. In the case of a meeting held within five business days before or after the 
anniversary of the previous year's regular meeting, ninety days before the 
anniversary date of the prior regular meeting; or
b. In the case of a meeting not held within five business days before or after the 
anniversary of the previous year's regular meeting ninety days before the date of 
the meeting.
4. A provision of the articles or bylaws requiring a shareholder or beneficial owner to 
provide notice of an intention to nominate a candidate for election as a director must 
provide a period of at least twenty days during which the shareholder or beneficial 
owner may submit the notice to the public corporation.
5. The adoption or amendment of a bylaw requiring advance notice of nominations may 
not take effect in the one hundred twenty-day period before the next meeting of 
shareholders, unless the adoption or amendment of the bylaw has been approved by 
the shareholders.

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