(1) This part shall be applicable to any corporation as defined in § 48-103-302 whose charter or bylaws contain an express declaration that control share acquisitions respecting the shares of the corporation are governed by and subject to this part.
(2) Sections 48-103-308 and 48-103-309, or either of them, shall apply to such corporation only if the charter or bylaw declaration under subsection (a) explicitly so provides.