355.071. Notice--form--requirements.
Notice--form--requirements.
355.071. 1. For purposes of this chapter, notice may be oral orwritten.
2. Notice may be communicated in person, by telephone, telegraph,teletype, or other form of wire or wireless communication, or by mail orprivate carrier; if these forms of personal notice are impracticable,notice may be communicated by a newspaper of general circulation in thearea where published, or by radio, television, or other form of publicbroadcast communication.
3. Oral notice is effective when communicated if communicated in acomprehensible manner.
4. Written notice, if in a comprehensible form, is effective at theearliest of the following:
(1) When received;
(2) Five days after its deposit in the United States mail, asevidenced by the postmark, if mailed correctly addressed and with firstclass postage affixed;
(3) On the date shown on the return receipt, if sent by registered orcertified mail, return receipt requested, and the receipt is signed by oron behalf of the addressee;
(4) Thirty days after its deposit in the United States mail, asevidenced by the postmark, if mailed correctly addressed and with otherthan first class, registered or certified postage affixed.
5. Written notice is correctly addressed to a member of a domestic orforeign corporation if addressed to the member's address shown in thecorporation's current list of members.
6. A written notice or report delivered as part of a newsletter,magazine or other publication regularly sent to members shall constitute awritten notice or report if addressed or delivered to the member's addressshown in the corporation's current list of members, or in the case ofmembers who are residents of the same household and who have the sameaddress in the corporation's current list of members, if addressed ordelivered to one of such members, at the address appearing on the currentlist of members.
7. Written notice is correctly addressed to a domestic or foreigncorporation, authorized to transact business in this state, other than inits capacity as a member, if addressed to its registered agent or to itssecretary at its principal office shown in its most recent corporateregistration report or, in the case of a foreign corporation that has notyet delivered a corporate registration report, in its application for acertificate of authority.
8. If subsection 2 of section 355.251 or any other provision of thischapter prescribes notice requirements for particular circumstances, thoserequirements govern. If the articles or bylaws prescribe noticerequirements, not inconsistent with this section or other provisions ofthis chapter, those requirements govern. Failure to comply with the termsof this section shall not invalidate the terms of the notice delivered.
(L. 1994 H.B. 1095, A.L. 1997 H.B. 655 merged with S.B. 170, A.L. 2009 H.B. 481)