48-51-202 - Notice.
48-51-202. Notice.
(a) Notice under chapters 51-68 of this title shall be in writing except that oral notice is effective if it is reasonable under the circumstances and not prohibited by the charter or bylaws.
(b) Notice may be communicated in person; by telephone, telegraph, teletype, or other form of wire or wireless communication; or by mail or private carrier. 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 corporation to a member, if in a comprehensible form, is effective when mailed, if mailed first class, postpaid and correctly addressed to the member's address shown in the corporation's current record of members.
(d) A written notice or report delivered as part of a newsletter, magazine or other publication regularly sent to members shall constitute a written notice or report if addressed or delivered to the member's address shown in the corporation's current record of members, or in the case of members who are residents of the same household and who have the same address in the corporation's current record of members, if addressed or delivered to one (1) of such members, at the address appearing on the current list of members.
(e) 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 charter or application for a certificate of authority, as most recently amended.
(f) Except as provided in subsection (c), written notice, if in a comprehensible form, is effective at the earliest of the following:
(1) When received;
(2) Five (5) days after its deposit in the United States mail, if mailed correctly addressed and with first class postage affixed thereon;
(3) On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee; or
(4) Twenty (20) days after its deposit in the United States mail, if mailed correctly addressed, and with other than first class, registered or certified postage affixed.
(g) Oral notice is effective when communicated if communicated in a comprehensible manner.
(h) If chapters 51-68 of this title prescribe notice requirements for particular circumstances, those requirements govern. If the charter or bylaws prescribe additional notice requirements, not inconsistent with chapters 51-68 of this title, those requirements govern.
[Acts 1987, ch. 242, § 1.21.]