Sec. 33-603. Notice.
Sec. 33-603. Notice. (a) Notice under sections 33-600 to 33-998, inclusive, shall be
in writing unless oral notice is reasonable under the circumstances. Notice by electronic
transmission is written notice.
(b) Notice may be communicated in person, by mail or other method of delivery,
or by telephone, voice mail or other electronic means. If these forms of personal notice
are impracticable, notice may be communicated by a newspaper of general circulation
in the area where published or by radio, television or other form of public broadcast
communication.
(c) Written notice by a domestic or foreign corporation to its shareholder, if in a
comprehensible form, is effective (1) upon deposit in the United States mail, as evidenced by the postmark, if mailed postage prepaid and correctly addressed to the shareholder's address shown in the corporation's current record of shareholders, or (2) when
electronically transmitted to the shareholder in a manner authorized by the shareholder.
(d) Written notice to a domestic or foreign corporation authorized to transact business in this state may be addressed to its registered agent at its registered office or to
the corporation or its secretary at its principal office shown in its most recent annual
report or, in the case of a foreign corporation that has not yet delivered an annual report,
in its application for a certificate of authority.
(e) Except as provided in subsection (c) of this section, written notice, if in a comprehensible form, is effective at the earliest of the following: (1) When received; (2) five
days after its deposit in the United States mail, if mailed postage prepaid and correctly
addressed; or (3) on the date shown on the return receipt, if sent by registered or certified
mail or a commercial delivery service, return receipt requested, and the receipt is signed
by or on behalf of the addressee.
(f) Oral notice is effective when communicated if communicated in a comprehensible manner.
(g) If sections 33-600 to 33-998, inclusive, prescribe notice requirements for particular circumstances, those requirements govern. If a certificate of incorporation or bylaw
prescribes notice requirements, not inconsistent with this section or other provisions of
said sections, those requirements govern.
(h) In computing the period of time of any notice required or permitted to be given
by sections 33-600 to 33-998, inclusive, or under the provisions of the certificate of
incorporation or bylaws of a corporation or of a resolution of shareholders or directors,
the day on which the notice is given shall be excluded, and the day on which the matter
noticed is to occur shall be included, in the absence of a contrary provision.
(P.A. 94-186, S. 18, 215; P.A. 96-271, S. 3, 254; P.A. 97-246, S. 1, 2, 99; P.A. 98-137, S. 2, 62; 98-219, S. 33, 34; P.A.
01-199, S. 4.)
History: P.A. 94-186 effective January 1, 1997; P.A. 96-271 amended Subsec. (g) to replace "articles" of incorporation
with "certificate" of incorporation and "bylaws" with "bylaw", effective January 1, 1997; P.A. 97-246 amended Subsecs.
(c) and (e) to replace "postpaid" with "postage prepaid", effective June 27, 1997; P.A. 98-137 amended Subsec. (a) to
replace "Notice transmitted or received electronically is in writing and is written notice if it is accomplished in a manner
that is suitable for retention, retrieval and reproduction of the notice by the recipient" with "Written notice includes notice
by electronic transmission", amended Subsec. (b) to authorize notice "by mail or other method of delivery, or by telephone,
voice mail or other electronic means" rather than "by telephone, telegraph, teletype or other form of wire or wireless
communication, or by mail or private carrier", amended Subsec. (c)(2) to replace "when transmitted by facsimile or other
electronic means if transmitted to the shareholder in the manner authorized by the shareholder for purposes of facsimile
or electronic transmission, as the case may be" with "when electronically transmitted to the shareholder in a manner
authorized by the shareholder", and amended Subsec. (e)(2) to delete "as evidenced by the postmark", effective July 1,
1998; P.A. 98-219 revised effective date of P.A. 98-137, but without affecting this section; P.A. 01-199 amended Subsec.
(a) to replace "Written notice includes notice by electronic transmission" with "Notice by electronic transmission is written
notice" and made a technical change in Subsec. (e).
See Sec. 1-2a re construing of references to "United States mail" or "postmark" to include references to any delivery
service designated by the Secretary of the Treasury pursuant to Section 7502 of the Internal Revenue Code of 1986 or any
successor to the code, as amended, and to any date recorded or marked as described in said Section 7502 by a designated
delivery service and construing of "registered or certified mail" to include any equivalent designated by the Secretary of
the Treasury pursuant to said Section 7502.