(1) Notice given pursuant to articles 101 to 117 of this title shall be in writing unless oral notice is reasonable under the circumstances.
Notice may be given in person; by telephone, telegraph, teletype, electronically transmitted facsimile, or other form of wire or wireless delivery; or by mail or private carrier.
Written notice by a corporation to its shareholders, if in a comprehensible form, iseffective as to each shareholder when mailed, if mailed addressed to the shareholder's address shown in the corporation's current record of shareholders. If three successive notices given to a shareholder pursuant to this subsection (3) have been returned as undeliverable, no further notices to such shareholder shall be necessary until another address for the shareholder is made known to the corporation.
Written notice to a domestic corporation or to a foreign corporation authorized totransact business or conduct activities in this state may be mailed to the registered agent address of its registered agent or to the corporation or its secretary at its principal office.
Except as provided in subsection (3) of this section, written notice, if in a comprehensible form, is effective at the earliest of:
The date received;
Five days after mailing; or
The date shown on the return receipt, if mailed by registered or certified mail, returnreceipt requested, and the receipt is signed by or on behalf of the addressee.
Oral notice is effective when communicated if communicated in a comprehensiblemanner.
Repealed.
If articles 101 to 117 of this title prescribe notice requirements for particular circumstances, those requirements govern. If the articles of incorporation or bylaws prescribe notice requirements not inconsistent with this section or other provisions of articles 101 to 117 of this title, those requirements govern.
(a) A domestic corporation has given written notice or any other report or statement under articles 101 to 117 of this title 7, the articles of incorporation, or the bylaws to all shareholders who share a common address if:
The domestic corporation delivers one copy of the notice, report, or statement to thecommon address;
The domestic corporation addresses the notice, report, or statement to those shareholders either as a group or to each of those shareholders individually or to the shareholders in a form to which each of those shareholders has consented; and
Each of those shareholders consents to delivery of a single copy of the notice, report, or statement to the shareholders' common address.
The consent described in subsections (9)(a)(II) and (9)(a)(III) of this section is revocable by a shareholder who delivers written notice of revocation to the domestic corporation. If the written notice of revocation is delivered, the domestic corporation shall begin providing individual notices, reports, or other statements to the revoking shareholder no later than thirty days after delivery of the written notice of revocation.
A shareholder who fails to object by written notice to the domestic corporation within sixty days after written notice by the corporation of its intention to deliver single copies of notices, reports, or statements to shareholders who share a common address as permitted by subsection (9)(a) of this section is deemed to have consented to receiving a single copy at the common address if the notice of intention explains that consent may be revoked and the method for revoking.
Source: L. 93: Entire article added, p. 741, § 1, effective July 1, 1994. L. 96: (7) repealed, p. 1312, § 7, effective June 1. L. 2003: (4) amended, p. 2314, § 219, effective July 1, 2004. L. 2019: (2) amended and (9) added, (SB 19-086), ch. 166, p. 1924, § 26, effective July 1, 2020.