10-3141

10-3141. Notice

A. Notice under chapters 24 through 40 of this title must be in writing unless oral
notice is reasonable under the circumstances. Oral notice is not permitted if written
notice is required under chapters 24 through 40 of this title.

B. Notice may be communicated in person, by telephone, telegraph, teletype, fax,
electronic mail 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 or foreign corporation to its members or directors,
if in comprehensible form, is effective when mailed, if correctly addressed to the
member's address shown on the corporation's current list of members or directors. Notice
given by electronic mail, if in comprehensible form, is effective when directed to an
electronic mail address shown on the corporation's current list of members or directors.

D. A written notice or report by a domestic or foreign corporation to its members
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 list 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 list of members, if addressed or delivered to one of such members,
at the address appearing on the current list of members.

E. Written notice to a domestic or foreign corporation that is authorized to
transact business in this state, other than in its capacity as a member, may be addressed
to its statutory agent at its known place of business or to the corporation or its
secretary at its principal office shown in its most recent annual report on file with the
commission, or in the case of a foreign corporation that has not yet delivered an annual
report in its application for a certificate of authority.

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 days after its deposit in the United States mail as evidenced by the
postmark, if mailed postpaid and correctly addressed.

3. On the date shown on the return receipt, if sent by registered or certified
mail, return receipt requested, and if the receipt is signed by or on behalf of the
addressee.

G. Oral notice is effective when communicated if communicated in a comprehensible
manner.

H. If chapters 24 through 40 of this title prescribe notice requirements for
particular circumstances, those requirements govern. If articles of incorporation or
bylaws prescribe notice requirements that are not inconsistent with this section or other
provisions of chapters 24 through 40 of this title those requirements govern.